Browse Arkansas Code titles and sections
19 U.S.C. § 2434 — Extension of nondiscriminatory treatment
Federal law — U.S. Code and appendices · legal_authorities
Page 679
TITLE 19—CUSTOMS DUTIES
§ 2434
monized Tariff Schedule, pursuant to section 3012 of
this title. The Harmonized Tariff Schedule is not set
out in the Code. See Publication of Harmonized Tariff
Schedule note set out under section 1202 of this title.
§ 2434. Extension of nondiscriminatory treatment
(a) Presidential proclamation
Subject to the provisions of section 2435(c) of
this title, the President may by proclamation
extend nondiscriminatory treatment to the
products of a foreign country which has entered
into a bilateral commercial agreement referred
to in section 2435 of this title.
(b) Limitation on period of effectiveness
The application of nondiscriminatory treat-
ment shall be limited to the period of effective-
ness of the obligations of the United States to
such country under such bilateral commercial
agreement. In addition, in the case of any for-
eign country receiving nondiscriminatory treat-
ment pursuant to this subchapter which has en-
tered into an agreement with the United States
regarding the settlement of lendlease reciprocal
aid and claims, the application of such non-
discriminatory treatment shall be limited to pe-
riods during which such country is not in ar-
rears on its obligations under such agreement.
(c) Suspension or withdrawal of extensions of
nondiscriminatory treatment
The President may at any time suspend or
withdraw any extension of nondiscriminatory
treatment to any country pursuant to sub-
section (a) and thereby cause all products of
such country to be dutiable at the rates set
forth in rate column numbered 2 of the Har-
monized Tariff Schedule of the United States.
(Pub. L. 93–618, title IV, § 404, Jan. 3, 1975, 88
Stat. 2060; Pub. L. 96–39, title XI, § 1106(f)(2), July
26, 1979, 93 Stat. 312; Pub.
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Page 679
TITLE 19—CUSTOMS DUTIES
§ 2434
monized Tariff Schedule, pursuant to section 3012 of
this title. The Harmonized Tariff Schedule is not set
out in the Code. See Publication of Harmonized Tariff
Schedule note set out under section 1202 of this title.
§ 2434. Extension of nondiscriminatory treatment
(a) Presidential proclamation
Subject to the provisions of section 2435(c) of
this title, the President may by proclamation
extend nondiscriminatory treatment to the
products of a foreign country which has entered
into a bilateral commercial agreement referred
to in section 2435 of this title.
(b) Limitation on period of effectiveness
The application of nondiscriminatory treat-
ment shall be limited to the period of effective-
ness of the obligations of the United States to
such country under such bilateral commercial
agreement. In addition, in the case of any for-
eign country receiving nondiscriminatory treat-
ment pursuant to this subchapter which has en-
tered into an agreement with the United States
regarding the settlement of lendlease reciprocal
aid and claims, the application of such non-
discriminatory treatment shall be limited to pe-
riods during which such country is not in ar-
rears on its obligations under such agreement.
(c) Suspension or withdrawal of extensions of
nondiscriminatory treatment
The President may at any time suspend or
withdraw any extension of nondiscriminatory
treatment to any country pursuant to sub-
section (a) and thereby cause all products of
such country to be dutiable at the rates set
forth in rate column numbered 2 of the Har-
monized Tariff Schedule of the United States.
(Pub. L. 93–618, title IV, § 404, Jan. 3, 1975, 88
Stat. 2060; Pub. L. 96–39, title XI, § 1106(f)(2), July
26, 1979, 93 Stat. 312; Pub. L. 100–418, title I,
§ 1214(j)(3), Aug. 23, 1988, 102 Stat. 1158.)
Editorial Notes
REFERENCES IN TEXT
The Harmonized Tariff Schedule of the United States,
referred to in subsec. (c), is not set out in the Code. See
Publication of Harmonized Tariff Schedule note set out
under section 1202 of this title.
AMENDMENTS
1988—Subsec. (c). Pub. L. 100–418 substituted ‘‘Har-
monized Tariff Schedule of the United States’’ for
‘‘Tariff Schedules for the United States’’.
1979—Subsec. (c). Pub. L. 96–39 struck out the comma
after ‘‘subsection (a)’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100–418 effective Jan. 1, 1989,
and applicable with respect to articles entered on or
after such date, see section 1217(b)(1) of Pub. L. 100–418,
set out as an Effective Date note under section 3001 of
this title.
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96–39 effective July 26, 1979,
see section 1114 of Pub. L. 96–39, set out as an Effective
Date note under section 2581 of this title.
SUSPENDING NORMAL TRADE RELATIONS WITH RUSSIA
AND BELARUS
Pub. L. 117–110, §§ 2–5, Apr. 8, 2022, 136 Stat. 1159–1165,
provided that:
‘‘SEC. 2. FINDINGS.
‘‘Congress finds the following:
‘‘(1) The United States is a founding member of the
World Trade Organization (WTO) and is committed to
ensuring that the WTO remains an effective forum for
peaceful economic engagement.
‘‘(2) Ukraine is a sovereign nation-state that is en-
titled to enter into agreements with other sovereign
states and to full respect of its territorial integrity.
‘‘(3) The United States will be unwavering in its
support for a secure, democratic, and sovereign
Ukraine, free to choose its own leaders and future.
‘‘(4) Ukraine acceded to the Marrakesh Agreement
Establishing the World Trade Organization (WTO
Agreement) and has been a WTO member since 2008.
‘‘(5) Ukraine’s participation in the WTO Agreement
creates both rights and obligations vis-a`-vis other
WTO members.
‘‘(6) The Russian Federation acceded to the WTO on
August 22, 2012, becoming the 156th WTO member, and
the Republic of Belarus has applied to accede to the
WTO.
‘‘(7) From the date of its accession, the Russian
Federation committed to apply fully all provisions of
the WTO.
‘‘(8) The United States Congress authorized perma-
nent normal trade relations for the Russian Federa-
tion through the Russia and Moldova Jackson-Vanik
Repeal and Sergei Magnitsky Rule of Law Account-
ability Act of 2012 (Public Law 112–208) [see Short
Title of 2012 Amendment note set out under section
2101 of this title].
‘‘(9) Ukraine communicated to the WTO General
Council on March 2, 2022, urging that all WTO mem-
bers take action against the Russian Federation and
‘consider further steps with the view to suspending
the Russian Federation’s participation in the WTO
for its violation of the purpose and principles of this
Organization’.
‘‘(10) Vladimir Putin, a ruthless dictator, has led
the Russian Federation into a war of aggression
against Ukraine, which—
‘‘(A) denies Ukraine and its people their collec-
tive rights to independence, sovereignty, and terri-
torial integrity;
‘‘(B) constitutes an emergency in international
relations, because it is a situation of armed conflict
that threatens the peace and security of all coun-
tries, including the United States; and
‘‘(C) denies Ukraine its rightful ability to partici-
pate in international organizations, including the
WTO.
‘‘(11) The Republic of Belarus, also led by a ruthless
dictator, Aleksander Lukashenka, is providing im-
portant material support to the Russian Federation’s
aggression.
‘‘(12) The Russian Federation’s exportation of goods
in the energy sector is central to its ability to wage
its war of aggression on Ukraine.
‘‘(13) The United States, along with its allies and
partners, has responded to recent aggression by the
Russian Federation in Ukraine by imposing sweeping
financial sanctions and stringent export controls.
‘‘(14) The United States cannot allow the con-
sequences of the Russian Federation’s actions to go
unaddressed, and must lead fellow countries, in all
fora, including the WTO, to impose appropriate con-
sequences for the Russian Federation’s aggression.
‘‘SEC. 3. SUSPENSION OF NORMAL TRADE RELA-
TIONS WITH THE RUSSIAN FEDERATION AND
THE REPUBLIC OF BELARUS.
‘‘(a) NONDISCRIMINATORY
TARIFF
TREATMENT.—Not-
withstanding any other provision of law, beginning on
the day after the date of the enactment of this Act
[Apr. 8, 2022], the rates of duty set forth in column 2 of
the Harmonized Tariff Schedule of the United States
shall apply to all products of the Russian Federation
and of the Republic of Belarus.
‘‘(b) AUTHORITY
TO PROCLAIM INCREASED COLUMN 2
RATES.—
Page 680
TITLE 19—CUSTOMS DUTIES
§ 2434
‘‘(1) IN GENERAL.—The President may proclaim in-
creases in the rates of duty applicable to products of
the Russian Federation or the Republic of Belarus,
above the rates set forth in column 2 of the Har-
monized Tariff Schedule of the United States.
‘‘(2) PRIOR CONSULTATION.—The President shall, not
later than 5 calendar days before issuing any procla-
mation under paragraph (1), consult with the Com-
mittee on Ways and Means of the House of Represent-
atives and the Committee on Finance of the Senate
regarding the basis for and anticipated impact of the
proposed increases to rates of duty described in para-
graph (1).
‘‘(3) TERMINATION.—The authority to issue procla-
mations under this subsection shall terminate on
January 1, 2024.
‘‘SEC. 4. RESUMPTION OF APPLICATION OF HTS
COLUMN 1 RATES OF DUTY AND RESTORATION
OF NORMAL TRADE RELATIONS TREATMENT
FOR THE RUSSIAN FEDERATION AND THE RE-
PUBLIC OF BELARUS.
‘‘(a) TEMPORARY
APPLICATION
OF
HTS COLUMN
1
RATES OF DUTY.—
‘‘(1) IN GENERAL.—Notwithstanding any other provi-
sion of law (including the application of column 2
rates of duty under section 3), the President is au-
thorized to temporarily resume, for one or more peri-
ods not to exceed 1 year each, the application of the
rates of duty set forth in column 1 of the Harmonized
Tariff Schedule of the United States to the products
of the Russian Federation, the Republic of Belarus, or
both, if the President submits to Congress with re-
spect to either or both such countries a certification
under subsection (c) for each such period. Such action
shall take effect beginning on the date that is 90 cal-
endar days after the date of submission of such cer-
tification for such period, unless there is enacted into
law during such 90-day period a joint resolution of
disapproval.
‘‘(2) CONSULTATION
AND
REPORT.—The President
shall, not later than 45 calendar days before submit-
ting a certification under paragraph (1)—
‘‘(A) consult with—
‘‘(i) the Committee on Ways and Means and the
Committee on Foreign Affairs of the House of
Representatives; and
‘‘(ii) the Committee on Finance and the Com-
mittee on Foreign Relations of the Senate; and
‘‘(B) submit to all such committees a report that
explains the basis for the determination of the
President contained in such certification.
‘‘(b) RESTORATION
OF
NORMAL
TRADE
RELATIONS
TREATMENT.—
‘‘(1) IN GENERAL.—The President is authorized to re-
sume the application of the rates of duty set forth in
column 1 of the Harmonized Tariff Schedule of the
United States to the products of the Russian Federa-
tion, the Republic of Belarus, or both, if the Presi-
dent submits to Congress with respect to either or
both such countries a certification under subsection
(c). Such action shall take effect beginning on the
date that is 90 calendar days after the date of submis-
sion of such certification, unless there is enacted into
law during such 90-day period a joint resolution of
disapproval.
‘‘(2) CONSULTATION
AND
REPORT.—The President
shall, not later than 45 calendar days before submit-
ting a certification under paragraph (1)—
‘‘(A) consult with—
‘‘(i) the Committee on Ways and Means and the
Committee on Foreign Affairs of the House of
Representatives; and
‘‘(ii) the Committee on Finance and the Com-
mittee on Foreign Relations of the Senate; and
‘‘(B) submit to all such committees a report that
explains the basis for the determination of the
President contained in such certification.
‘‘(3) PRODUCTS OF THE RUSSIAN FEDERATION.—If the
President submits pursuant to paragraph (1) a certifi-
cation under subsection (c) with respect to the Rus-
sian Federation and a joint resolution of disapproval
is not enacted during the 90-day period described in
that paragraph, the President may grant permanent
nondiscriminatory tariff treatment (normal trade re-
lations) to the products of the Russian Federation.
‘‘(4) PRODUCTS OF THE REPUBLIC OF BELARUS.—If the
President submits pursuant to paragraph (1) a certifi-
cation under subsection (c) with respect to the Re-
public of Belarus and a joint resolution of disapproval
is not enacted during the 90-day period described in
that paragraph, the President may, subject to the
provisions of chapter 1 of title IV of the Trade Act of
1974 (19 U.S.C. 2431 et seq.), grant nondiscriminatory
tariff treatment (normal trade relations) to the prod-
ucts of the Republic of Belarus.
‘‘(c) CERTIFICATION.—A certification under this sub-
section is a certification in writing that—
‘‘(1) specifies the action proposed to be taken pursu-
ant to the certification and whether such action is
pursuant to subsection (a)(1) or (b)(1) of this section;
and
‘‘(2) contains a determination of the President that
the Russian Federation or the Republic of Belarus (or
both)—
‘‘(A) has reached an agreement relating to the re-
spective withdrawal of Russian or Belarusian forces
(or both, if applicable) and cessation of military
hostilities that is accepted by the free and inde-
pendent government of Ukraine;
‘‘(B) poses no immediate military threat of ag-
gression to any North Atlantic Treaty Organization
member; and
‘‘(C) recognizes the right of the people of Ukraine
to independently and freely choose their own gov-
ernment.
‘‘(d) JOINT RESOLUTION OF DISAPPROVAL.—
‘‘(1) DEFINITION.—For purposes of this section, the
term ‘joint resolution of disapproval’ means only a
joint resolution—
‘‘(A) which does not have a preamble;
‘‘(B) the title of which is as follows: ‘Joint resolu-
tion disapproving the President’s certification
under section 4(c) of the Suspending Normal Trade
Relations with Russia and Belarus Act.’; and
‘‘(C) the matter after the resolving clause of
which is as follows: ‘That Congress disapproves the
certification of the President under section 4(c) of
the Suspending Normal Trade Relations with Rus-
sia and Belarus Act, submitted to Congress on
llllll’, the blank space being filled in with
the appropriate date.
‘‘(2) INTRODUCTION
IN
THE
HOUSE
OF
REPRESENTA-
TIVES.—During a period of 5 legislative days begin-
ning on the date that a certification under subsection
(c) is submitted to Congress, a joint resolution of dis-
approval may be introduced in the House of Rep-
resentatives by the majority leader or the minority
leader.
‘‘(3) INTRODUCTION IN THE SENATE.—During a period
of 5 days on which the Senate is in session beginning
on the date that a certification under subsection (c)
is submitted to Congress, a joint resolution of dis-
approval may be introduced in the Senate by the ma-
jority leader (or the majority leader’s designee) or
the minority leader (or the minority leader’s des-
ignee).
‘‘(4) FLOOR
CONSIDERATION
IN
THE
HOUSE
OF
REP-
RESENTATIVES.—
‘‘(A) REPORTING AND DISCHARGE.—If a committee
of the House to which a joint resolution of dis-
approval has been referred has not reported such
joint resolution within 10 legislative days after the
date of referral, that committee shall be discharged
from further consideration thereof.
‘‘(B) PROCEEDING
TO
CONSIDERATION.—Beginning
on the third legislative day after each committee
to which a joint resolution of disapproval has been
referred reports it to the House or has been dis-
charged from further consideration thereof, it shall
Page 681
TITLE 19—CUSTOMS DUTIES
§ 2434
be in order to move to proceed to consider the joint
resolution in the House. All points of order against
the motion are waived. Such a motion shall not be
in order after the House has disposed of a motion to
proceed on a joint resolution with regard to the
same certification. The previous question shall be
considered as ordered on the motion to its adoption
without intervening motion. The motion shall not
be debatable. A motion to reconsider the vote by
which the motion is disposed of shall not be in
order.
‘‘(C) CONSIDERATION.—The joint resolution shall
be considered as read. All points of order against
the joint resolution and against its consideration
are waived. The previous question shall be consid-
ered as ordered on the joint resolution to final pas-
sage without intervening motion except two hours
of debate equally divided and controlled by the
sponsor of the joint resolution (or a designee) and
an opponent. A motion to reconsider the vote on
passage of the joint resolution shall not be in order.
‘‘(5) CONSIDERATION IN THE SENATE.—
‘‘(A) COMMITTEE REFERRAL.—A joint resolution of
disapproval introduced in the Senate shall be re-
ferred to the Committee on Finance.
‘‘(B) REPORTING
AND
DISCHARGE.—If the Com-
mittee on Finance has not reported such joint reso-
lution of disapproval within 10 days on which the
Senate is in session after the date of referral of
such joint resolution, that committee shall be dis-
charged from further consideration of such joint
resolution and the joint resolution shall be placed
on the appropriate calendar.
‘‘(C) MOTION TO PROCEED.—Notwithstanding Rule
XXII of the Standing Rules of the Senate, it is in
order at any time after the Committee on Finance
reports the joint resolution of disapproval to the
Senate or has been discharged from its consider-
ation (even though a previous motion to the same
effect has been disagreed to) to move to proceed to
the consideration of the joint resolution, and all
points of order against the joint resolution (and
against consideration of the joint resolution) shall
be waived. The motion to proceed is not debatable.
The motion is not subject to a motion to postpone.
A motion to reconsider the vote by which the mo-
tion is agreed to or disagreed to shall not be in
order. If a motion to proceed to the consideration of
the joint resolution of disapproval is agreed to, the
joint resolution shall remain the unfinished busi-
ness until disposed of.
‘‘(D) DEBATE.—Debate on the joint resolution of
disapproval, and on all debatable motions and ap-
peals in connection therewith, shall be limited to
not more than 10 hours, which shall be divided
equally between the majority and minority leaders
or their designees. A motion to further limit debate
is in order and not debatable. An amendment to, or
a motion to postpone, or a motion to proceed to the
consideration of other business, or a motion to re-
commit the joint resolution of disapproval is not in
order.
‘‘(E) VOTE ON PASSAGE.—The vote on passage shall
occur immediately following the conclusion of the
debate on the joint resolution of disapproval and a
single quorum call at the conclusion of the debate,
if requested in accordance with the rules of the
Senate.
‘‘(F) RULES OF THE CHAIR ON PROCEDURE.—Appeals
from the decisions of the Chair relating to the ap-
plication of the rules of the Senate, as the case may
be, to the procedure relating to the joint resolution
of disapproval shall be decided without debate.
‘‘(G) CONSIDERATION OF VETO MESSAGES.—Debate
in the Senate of any veto message with respect to
the joint resolution of disapproval, including all de-
batable motions and appeals in connection with
such joint resolution, shall be limited to 10 hours,
to be equally divided between, and controlled by,
the majority leader and the minority leader or
their designees.
‘‘(6) PROCEDURES IN THE SENATE.—Except as other-
wise provided in this subsection, the following proce-
dures shall apply in the Senate to a joint resolution
of disapproval to which this subsection applies:
‘‘(A) Except as provided in subparagraph (B), a
joint resolution of disapproval that has passed the
House of Representatives shall, when received in
the Senate, be referred to the Committee on Fi-
nance for consideration in accordance with this
subsection.
‘‘(B) If a joint resolution of disapproval to which
this subsection applies was introduced in the Sen-
ate before receipt of a joint resolution of dis-
approval that has passed the House of Representa-
tives, the joint resolution from the House of Rep-
resentatives shall, when received in the Senate, be
placed on the calendar. If this subparagraph ap-
plies, the procedures in the Senate with respect to
a joint resolution of disapproval introduced in the
Senate that contains the identical matter as the
joint resolution of disapproval that passed the
House of Representatives shall be the same as if no
joint resolution of disapproval had been received
from the House of Representatives, except that the
vote on passage in the Senate shall be on the joint
resolution of disapproval that passed the House of
Representatives.
‘‘(7) RULES OF THE HOUSE OF REPRESENTATIVES AND
SENATE.—This subsection is enacted by Congress—
‘‘(A) as an exercise of the rulemaking power of
the Senate and the House of Representatives, re-
spectively, and as such are deemed a part of the
rules of each House, respectively, but applicable
only with respect to the procedure to be followed in
that House in the case of legislation described in
those sections, and supersede other rules only to
the extent that they are inconsistent with such
rules; and
‘‘(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any
time, in the same manner, and to the same extent
as in the case of any other rule of that House.
‘‘SEC. 5. COOPERATION AND ACCOUNTABILITY AT
THE WORLD TRADE ORGANIZATION.
‘‘The United States Trade Representative shall use
the voice and influence of the United States at the
WTO to—
‘‘(1) condemn the recent aggression in Ukraine;
‘‘(2) encourage other WTO members to suspend
trade concessions to the Russian Federation and the
Republic of Belarus;
‘‘(3) consider further steps with the view to suspend
the Russian Federation’s participation in the WTO;
and
‘‘(4) seek to halt the accession process of the Repub-
lic of Belarus at the WTO and cease accession-related
work.’’
EXTENSION
OF
NONDISCRIMINATORY
TREATMENT
TO
PRODUCTS
OF
THE RUSSIAN FEDERATION; TRADE EN-
FORCEMENT MEASURES
Pub. L. 112–208, titles I, II, Dec. 14, 2012, 126 Stat. 1497,
1498, as amended by Pub. L. 118–31, div. F, title LXVII,
§ 6707(b)(2), Dec. 22, 2023, 137 Stat. 1018, provided that:
‘‘TITLE I—PERMANENT NORMAL TRADE
RELATIONS FOR THE RUSSIAN FEDERATION
‘‘SEC. 101. FINDINGS.
‘‘Congress finds the following:
‘‘(1) The Russian Federation allows its citizens the
right and opportunity to emigrate, free of any heavy
tax on emigration or on the visas or other documents
required for emigration and free of any tax, levy,
fine, fee, or other charge on any citizens as a con-
sequence of the desire of those citizens to emigrate to
the country of their choice.
‘‘(2) The Russian Federation has been found to be in
full compliance with the freedom of emigration re-
Page 682
TITLE 19—CUSTOMS DUTIES
§ 2434
quirements under title IV of the Trade Act of 1974 (19
U.S.C. 2431 et seq.) since 1994.
‘‘(3) The Russian Federation has received normal
trade relations treatment since concluding a bilat-
eral trade agreement with the United States that en-
tered into force in 1992.
‘‘(4) On December 16, 2011, the Ministerial Con-
ference of the World Trade Organization invited the
Russian Federation to accede to the World Trade Or-
ganization.
‘‘SEC. 102. TERMINATION OF APPLICATION OF
TITLE IV OF THE TRADE ACT OF 1974 TO PROD-
UCTS OF THE RUSSIAN FEDERATION.
‘‘(a) PRESIDENTIAL DETERMINATIONS AND EXTENSION OF
NONDISCRIMINATORY TREATMENT.—Notwithstanding any
provision of title IV of the Trade Act of 1974 (19 U.S.C.
2431 et seq.), the President may—
‘‘(1) determine that such title should no longer
apply to the Russian Federation; and
‘‘(2) after making a determination under paragraph
(1) with respect to the Russian Federation, proclaim
the extension of nondiscriminatory treatment (nor-
mal trade relations treatment) to the products of the
Russian Federation.
‘‘(b) EFFECTIVE DATE OF NONDISCRIMINATORY TREAT-
MENT.—The extension of nondiscriminatory treatment
to the products of the Russian Federation pursuant to
subsection (a) shall be effective not sooner than the ef-
fective date of the accession of the Russian Federation
to the World Trade Organization [Aug. 22, 2012].
‘‘(c) TERMINATION OF APPLICABILITY OF TITLE IV.—On
and after the effective date under subsection (b) of the
extension of nondiscriminatory treatment to the prod-
ucts of the Russian Federation, title IV of the Trade
Act of 1974 (19 U.S.C. 2431 et seq.) shall cease to apply
to the Russian Federation.
‘‘TITLE II—TRADE ENFORCEMENT MEASURES
RELATING TO THE RUSSIAN FEDERATION
‘‘SEC. 201. REPORTS ON IMPLEMENTATION BY THE
RUSSIAN FEDERATION OF OBLIGATIONS AS A
MEMBER OF THE WORLD TRADE ORGANIZA-
TION AND ENFORCEMENT ACTIONS BY THE
UNITED STATES TRADE REPRESENTATIVE.
‘‘(a) REPORTS ON IMPLEMENTATION.—
‘‘(1) IN GENERAL.—Not later than one year after the
effective date under section 102(b) of the extension of
nondiscriminatory treatment to the products of the
Russian Federation, and annually thereafter, the
United States Trade Representative shall submit to
the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Rep-
resentatives a report assessing the following:
‘‘(A) The extent to which the Russian Federation
is implementing the WTO Agreement (as defined in
section 2 of the Uruguay Round Agreements Act (19
U.S.C. 3501)) and the following agreements annexed
to that Agreement:
‘‘(i) The Agreement on the Application of Sani-
tary and Phytosanitary Measures (referred to in
section 101(d)(3) of the Uruguay Round Agree-
ments Act (19 U.S.C. 3511(d)(3))).
‘‘(ii) The Agreement on Trade-Related Aspects
of Intellectual Property Rights (referred to in
section 101(d)(15) of the Uruguay Round Agree-
ments Act (19 U.S.C. 3511(d)(15))).
‘‘(B) The progress made by the Russian Federa-
tion in acceding to, and the extent to which the
Russian Federation is implementing, the following:
‘‘(i) The Ministerial Declaration on Trade in In-
formation Technology Products of the World
Trade Organization, agreed to at Singapore De-
cember 13, 1996 (commonly referred to as the ‘In-
formation Technology Agreement’) (or a suc-
cessor agreement).
‘‘(ii) The Agreement on Government Procure-
ment (referred to in section 101(d)(17) of the Uru-
guay
Round
Agreements
Act
(19
U.S.C.
3511(d)(17))).
‘‘(2) PLAN FOR ACTION BY TRADE REPRESENTATIVE.—
‘‘(A) IN
GENERAL.—If, in preparing a report re-
quired by paragraph (1), the Trade Representative
believes that the Russian Federation is not fully
implementing an agreement specified in subpara-
graph (A) or (B) of that paragraph or that the Rus-
sian Federation is not making adequate progress in
acceding to an agreement specified in subparagraph
(B) of that paragraph, the Trade Representative
shall, except as provided in subparagraph (B) of this
paragraph, include in the report a description of the
actions the Trade Representative plans to take to
encourage the Russian Federation to improve its
implementation of the agreement or increase its
progress in acceding to the agreement, as the case
may be.
‘‘(B) CLASSIFIED INFORMATION.—If any information
regarding a planned action referred to in subpara-
graph (A) is classifiable under Executive Order No.
13526 (75 Fed. Reg. 707; relating to classified na-
tional security information) [50 U.S.C. 3161 note] or
a subsequent Executive order, the Trade Represent-
ative shall report that information to the Com-
mittee on Finance of the Senate and the Committee
on Ways and Means of the House of Representatives
by—
‘‘(i) including the information in a classified
annex to the report required by paragraph (1); or
‘‘(ii) consulting with the Committee on Finance
and the Committee on Ways and Means with re-
spect to the information instead of including the
information in the report or a classified annex to
the report.
‘‘(3) PUBLIC COMMENTS.—
‘‘(A) IN
GENERAL.—In developing the report re-
quired by paragraph (1), the Trade Representative
shall provide an opportunity for the public to com-
ment, including by holding a public hearing.
‘‘(B) PUBLICATION
IN
FEDERAL
REGISTER.—The
Trade Representative shall publish notice of the op-
portunity to comment and hearing required by sub-
paragraph (A) in the Federal Register.
‘‘(b) REPORT
ON
ENFORCEMENT
ACTIONS
TAKEN
BY
TRADE REPRESENTATIVE.—Not later than 180 days after
the effective date under section 102(b) of the extension
of nondiscriminatory treatment to the products of the
Russian Federation, and annually thereafter, the
United States Trade Representative shall submit to the
Committee on Finance of the Senate and the Com-
mittee on Ways and Means of the House of Representa-
tives a report describing the enforcement actions taken
by the Trade Representative against the Russian Fed-
eration to ensure the full compliance of the Russian
Federation with its obligations as a member of the
World Trade Organization, including obligations under
agreements with members of the Working Party on the
accession of the Russian Federation to the World Trade
Organization.
‘‘SEC. 202. PROMOTION OF THE RULE OF LAW IN
THE
RUSSIAN
FEDERATION
TO
SUPPORT
UNITED STATES TRADE AND INVESTMENT.
‘‘[(a) Repealed. Pub. L. 118–31, div. F, title LXVII,
§ 6707(b)(2), Dec. 22, 2023, 137 Stat. 1018.]
‘‘(b) ANTI-BRIBERY REPORTING AND ASSISTANCE.—
‘‘(1) IN GENERAL.—The Secretary of Commerce shall
establish and maintain a dedicated phone hotline and
secure website, accessible from within and outside
the Russian Federation, for the purpose of allowing
United States entities—
‘‘(A) to report instances of bribery, attempted
bribery, or other forms of corruption in the Russian
Federation that impact or potentially impact their
operations; and
‘‘(B) to request the assistance of the United
States with respect to issues relating to corruption
in the Russian Federation.
‘‘(2) REPORT REQUIRED.—
‘‘(A) IN GENERAL.—Not later than one year after
the effective date under section 102(b) of the exten-
Page 683
TITLE 19—CUSTOMS DUTIES
§ 2434
sion of nondiscriminatory treatment to the prod-
ucts of the Russian Federation, and annually there-
after, the Secretary of Commerce shall submit to
the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Rep-
resentatives a report that includes the following:
‘‘(i) The number of instances in which bribery,
attempted bribery, or other forms of corruption
have been reported using the hotline or website
established pursuant to paragraph (1).
‘‘(ii) A description of the regions in the Russian
Federation in which those instances are alleged
to have occurred.
‘‘(iii) A summary of actions taken by the
United States to provide assistance to United
States entities pursuant to paragraph (1)(B).
‘‘(iv) A description of the efforts taken by the
Secretary to inform United States entities con-
ducting business in the Russian Federation or
considering conducting business in the Russian
Federation of the availability of assistance
through the hotline and website.
‘‘(B) CONFIDENTIALITY.—The Secretary shall not
include in the report required by subparagraph (A)
the identity of a United States entity that reports
instances of bribery, attempted bribery, or other
forms of corruption in the Russian Federation or
requests assistance pursuant to paragraph (1).
‘‘SEC. 203. REPORTS ON LAWS, POLICIES, AND
PRACTICES OF THE RUSSIAN FEDERATION
THAT
DISCRIMINATE
AGAINST
UNITED
STATES DIGITAL TRADE.
[Amended section 2241 of this title.]
‘‘SEC. 204. EFFORTS TO REDUCE BARRIERS TO
TRADE IMPOSED BY THE RUSSIAN FEDERA-
TION.
‘‘The United States Trade Representative shall con-
tinue to pursue the reduction of barriers to trade im-
posed by the Russian Federation on articles exported
from the United States to the Russian Federation
through efforts—
‘‘(1) to negotiate a bilateral agreement under which
the Russian Federation will accept the sanitary and
phytosanitary measures of the United States as
equivalent to the sanitary and phytosanitary meas-
ures of the Russian Federation; and
‘‘(2) to obtain the adoption by the Russian Federa-
tion of an action plan for providing greater protec-
tions for intellectual property rights than the protec-
tions required by the Agreement on Trade-Related
Aspects of Intellectual Property Rights (referred to
in section 101(d)(15) of the Uruguay Round Agree-
ments Act (19 U.S.C. 3511(d)(15))).’’
EXTENSION OF NONDISCRIMINATORY TREATMENT TO
PRODUCTS OF MOLDOVA
Pub. L. 112–208, title III, Dec. 14, 2012, 126 Stat. 1501,
provided that:
‘‘SEC. 301. FINDINGS.
‘‘Congress finds the following:
‘‘(1) Moldova allows its citizens the right and oppor-
tunity to emigrate, free of any heavy tax on emigra-
tion or on the visas or other documents required for
emigration and free of any tax, levy, fine, fee, or
other charge on any citizens as a consequence of the
desire of those citizens to emigrate to the country of
their choice.
‘‘(2) Moldova has been found to be in full compli-
ance with the freedom of emigration requirements
under title IV of the Trade Act of 1974 (19 U.S.C. 2431
et seq.) since 1997.
‘‘(3) Moldova acceded to the World Trade Organiza-
tion on July 26, 2001.
‘‘SEC. 302. TERMINATION OF APPLICATION OF
TITLE IV OF THE TRADE ACT OF 1974 TO PROD-
UCTS OF MOLDOVA.
‘‘(a) PRESIDENTIAL DETERMINATIONS AND EXTENSION OF
NONDISCRIMINATORY TREATMENT.—Notwithstanding any
provision of title IV of the Trade Act of 1974 (19 U.S.C.
2431 et seq.), the President may—
‘‘(1) determine that such title should no longer
apply to Moldova; and
‘‘(2) after making a determination under paragraph
(1) with respect to Moldova, proclaim the extension
of nondiscriminatory treatment (normal trade rela-
tions treatment) to the products of Moldova.
‘‘(b) TERMINATION OF APPLICABILITY OF TITLE IV.—On
and after the date on which the President extends non-
discriminatory treatment to the products of Moldova
pursuant to subsection (a), title IV of the Trade Act of
1974 (19 U.S.C. 2431 et seq.) shall cease to apply to
Moldova.’’
EXTENSION OF NONDISCRIMINATORY TREATMENT TO
PRODUCTS OF UKRAINE
Pub. L. 109–205, Mar. 23, 2006, 120 Stat. 313, provided
that:
‘‘SECTION 1. FINDINGS.
‘‘Congress finds as follows:
‘‘(1) Ukraine allows its citizens the right and oppor-
tunity to emigrate, free of any heavy tax on emigra-
tion or on the visas or other documents required for
emigration and free of any tax, levy, fine, fee, or
other charge on any citizens as a consequence of the
desire of such citizens to emigrate to the country of
their choice.
‘‘(2) Ukraine has received normal trade relations
treatment since 1992 and has been found to be in full
compliance with the freedom of emigration require-
ments under title IV of the Trade Act of 1974 [19
U.S.C. 2431 et seq.] since 1997.
‘‘(3) Since the establishment of an independent
Ukraine in 1991, Ukraine has made substantial
progress toward the creation of democratic institu-
tions and a free-market economy.
‘‘(4) Ukraine has committed itself to ensuring free-
dom of religion, respect for rights of minorities, and
eliminating intolerance and has been a paragon of
inter-ethnic cooperation and harmony, as evidenced
by the annual human rights reports of the Organiza-
tion for Security and Cooperation in Europe (OSCE)
and the United States Department of State.
‘‘(5) Ukraine has taken major steps toward global
security by ratifying the Treaty on the Reduction
and Limitation of Strategic Offensive Weapons
(START I) and the Treaty on the Non-Proliferation of
Nuclear Weapons, subsequently turning over the last
of its Soviet-era nuclear warheads on June 1, 1996,
and agreeing, in 1998, not to assist Iran with the com-
pletion of a program to develop and build nuclear
breeding reactors, and has fully supported the United
States in nullifying the Anti-Ballistic Missile (ABM)
Treaty.
‘‘(6) At the Madrid Summit in 1997, Ukraine became
a member of the North Atlantic Cooperation Council
of the North Atlantic Treaty Organization (NATO),
and has been a participant in the Partnership for
Peace (PfP) program since 1994.
‘‘(7) Ukraine is a peaceful state which established
exemplary relations with all neighboring countries,
and consistently pursues a course of European inte-
gration with a commitment to ensuring democracy
and prosperity for its citizens.
‘‘(8) Ukraine has built a broad and durable relation-
ship with the United States and has been an unwaver-
ing ally in the struggle against international ter-
rorism that has taken place since the attacks against
the United States that occurred on September 11,
2001.
‘‘(9) Ukraine has concluded a bilateral trade agree-
ment with the United States that entered into force
on June 23, 1992, and is in the process of acceding to
the World Trade Organization (WTO). On March 6,
2006, the United States and Ukraine signed a bilateral
market access agreement as a part of the WTO acces-
sion process.
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TITLE 19—CUSTOMS DUTIES
§ 2434
‘‘SEC. 2. TERMINATION OF APPLICATION OF TITLE
IV OF THE TRADE ACT OF 1974 TO THE PROD-
UCTS OF UKRAINE.
‘‘(a) PRESIDENTIAL DETERMINATIONS AND EXTENSION OF
NONDISCRIMINATORY TREATMENT.—Notwithstanding any
provision of title IV of the Trade Act of 1974 (19 U.S.C.
2431 et seq.), the President may—
‘‘(1) determine that such title should no longer
apply to Ukraine; and
‘‘(2) after making a determination under paragraph
(1) with respect to Ukraine, proclaim the extension of
nondiscriminatory treatment (normal trade relations
treatment) to the products of that country.
‘‘(b) TERMINATION OF APPLICABILITY OF TITLE IV.—On
and after the effective date under subsection (a) of the
extension of nondiscriminatory treatment to the prod-
ucts of Ukraine [Nondiscriminatory treatment ex-
tended Mar. 31, 2006, see Proc. No. 7995, listed in the
table of presidential documents below.], title IV of the
Trade Act of 1974 shall cease to apply to that country.’’
EXTENSION OF NONDISCRIMINATORY TREATMENT TO
PRODUCTS OF ARMENIA
Pub. L. 108–429, title II, § 2001, Dec. 3, 2004, 118 Stat.
2587, provided that:
‘‘(a) FINDINGS.—Congress makes the following find-
ings:
‘‘(1) Armenia has been found to be in full compli-
ance with the freedom of emigration requirements
under title IV of the Trade Act of 1974 [19 U.S.C. 2431
et seq.].
‘‘(2) Armenia acceded to the World Trade Organiza-
tion on February 5, 2003.
‘‘(3) Since declaring its independence from the So-
viet Union in 1991, Armenia has made considerable
progress in enacting free-market reforms.
‘‘(4) Armenia has demonstrated a strong desire to
build a friendly and cooperative relationship with the
United States and has concluded many bilateral trea-
ties and agreements with the United States.
‘‘(5) Total United States-Armenia bilateral trade
for 2002 amounted to more than $134,200,000.
‘‘(b) PRESIDENTIAL DETERMINATIONS AND EXTENSIONS
OF NONDISCRIMINATORY TREATMENT.—Notwithstanding
any provision of title IV of the Trade Act of 1974 (19
U.S.C. 2431 et seq.), the President may—
‘‘(1) determine that such title should no longer
apply to Armenia; and
‘‘(2) after making a determination under paragraph
(1) with respect to Armenia, proclaim the extension
of nondiscriminatory treatment (normal trade rela-
tions treatment) to the products of that country.
‘‘(c) TERMINATION OF APPLICATION OF TITLE IV.—On
and after the effective date of the extension under sub-
section (b)(2) of nondiscriminatory treatment to the
products of Armenia [Nondiscriminatory treatment ex-
tended Jan. 7, 2005, see Proc. No. 7860, listed in the table
of presidential documents below.], title IV of the Trade
Act of 1974 shall cease to apply to that country.’’
EXTENSION OF NONDISCRIMINATORY TREATMENT TO
PRODUCTS OF VIETNAM
Pub. L. 109–432, div. D, title IV, §§ 4001, 4002, Dec. 20,
2006, 120 Stat. 3177, 3178, provided that:
‘‘SEC. 4001. FINDINGS.
‘‘Congress finds the following:
‘‘(1) In July 1995, President Bill Clinton announced
the formal normalization of diplomatic relations be-
tween the United States and Vietnam.
‘‘(2) Vietnam has taken cooperative steps with the
United States under the United States Joint POW/
MIA Accounting Command (formerly the Joint Task
Force-Full Accounting) established in 1992 by Presi-
dent George H.W. Bush to provide the fullest possible
accounting of MIA and POW cases.
‘‘(3) In 2000, the United States and Vietnam con-
cluded a bilateral trade agreement that included
commitments on goods, services, intellectual prop-
erty rights, and investment. The agreement was ap-
proved by joint resolution enacted pursuant to sec-
tion 405(c) of the Trade Act of 1974 (19 U.S.C. 2435(c)),
and entered into force in December 2001.
‘‘(4) Since 2001, normal trade relations treatment
has consistently been extended to Vietnam pursuant
to title IV of the Trade Act of 1974 [19 U.S.C. 2431 et
seq.].
‘‘(5) Vietnam has undertaken significant market-
based economic reforms, including the reduction of
government subsidies, tariffs and nontariff barriers,
and extensive legal reform. These measures have dra-
matically improved Vietnam’s business and invest-
ment climate.
‘‘(6) Vietnam has completed its negotiations to join
the World Trade Organization (WTO). On May 31, 2006,
the United States and Vietnam signed a comprehen-
sive bilateral agreement providing greater market
access for goods and services and other trade liberal-
izing commitments. On November 7, 2006, the WTO
General Council approved Vietnam’s membership.
Vietnam’s National Assembly ratified Vietnam’s
WTO accession commitments on November 28, 2006,
and Vietnam will become the 150th Member of the
WTO 30 days thereafter.
‘‘(7) On November 13, 2006, the Department of State
removed Vietnam from its list of Countries of Par-
ticular Concern (CPC) for severe violations of reli-
gious freedom. In reaching this determination, the
Department of State cited significant improvements
in Vietnam toward advancing religious freedom,
though problems remain that merit immediate atten-
tion and important work remains to be done to fully
protect religious freedom in Vietnam.
‘‘SEC. 4002. TERMINATION OF APPLICATION OF
TITLE IV OF THE TRADE ACT OF 1974 TO VIET-
NAM.
‘‘(a) PRESIDENTIAL DETERMINATIONS AND EXTENSION OF
NON-DISCRIMINATORY
TREATMENT.—Notwithstanding
any provision of title IV of the Trade Act of 1974 (19
U.S.C. 2431 et seq.), the President may—
‘‘(1) determine that such title should no longer
apply to Vietnam; and
‘‘(2) after making a determination under paragraph
(1) with respect to Vietnam, proclaim the extension
of nondiscriminatory treatment (normal trade rela-
tions treatment) to the products of that country.
‘‘(b) TERMINATION
OF
THE APPLICABILITY
OF TITLE
IV.—On and after the effective date of the extension of
nondiscriminatory treatment to the products of Viet-
nam under subsection (a) [Nondiscriminatory treat-
ment extended Dec. 29, 2006, see Proc. No. 8096, listed in
the table of presidential documents below.], title IV of
the Trade Act of 1974 [19 U.S.C. 2431 et seq.] shall cease
to apply to that country.’’
Pub. L. 107–52, Oct. 16, 2001, 115 Stat. 268, provided:
‘‘That the Congress approves the extension of non-
discriminatory treatment with respect to the products
of the Socialist Republic of Vietnam transmitted by
the President to the Congress on June 8, 2001.’’
EXTENSION OF NONDISCRIMINATORY TREATMENT TO
PRODUCTS OF GEORGIA
Pub. L. 106–476, title III, Nov. 9, 2000, 114 Stat. 2175,
provided that:
‘‘SEC. 3001. FINDINGS.
‘‘Congress finds that Georgia has—
‘‘(1) made considerable progress toward respecting
fundamental human rights consistent with the objec-
tives of title IV of the Trade Act of 1974 [19 U.S.C. 2431
et seq.];
‘‘(2) adopted administrative procedures that accord
its citizens the right to emigrate, travel freely, and
to return to their country without restriction;
‘‘(3) been found to be in full compliance with the
freedom of emigration provisions in title IV of the
Trade Act of 1974;
‘‘(4) made progress toward democratic rule and cre-
ating a free market economic system since its inde-
pendence from the Soviet Union;
Page 685
TITLE 19—CUSTOMS DUTIES
§ 2434
‘‘(5) demonstrated strong and effective enforcement
of internationally recognized core labor standards
and a commitment to continue to improve effective
enforcement of its laws reflecting such standards;
‘‘(6) committed to developing a system of govern-
ance in accordance with the provisions of the Final
Act of the Conference on Security and Cooperation in
Europe (also known as the ‘Helsinki Final Act’) re-
garding human rights and humanitarian affairs;
‘‘(7) endeavored to address issues related to its na-
tional and religious minorities and, as a member
state of the Organization for Security and Coopera-
tion in Europe (OSCE), committed to adopting spe-
cial measures for ensuring that persons belonging to
national minorities have full equality individually as
well as in community with other members of their
group;
‘‘(8) also committed to enacting legislation to pro-
vide protection against incitement to violence
against persons or groups based on national, racial,
ethnic, or religious discrimination, hostility, or ha-
tred, including anti-Semitism;
‘‘(9) continued to return communal properties con-
fiscated from national and religious minorities dur-
ing the Soviet period, facilitating the reemergence of
these communities in the national life of Georgia and
establishing the legal framework for completion of
this process in the future;
‘‘(10) concluded a bilateral trade agreement with
the United States in 1993 and a bilateral investment
treaty in 1994;
‘‘(11) demonstrated a strong desire to build a friend-
ly and cooperative relationship with the United
States; and
‘‘(12) acceded to the World Trade Organization on
June 14, 2000, and the extension of unconditional nor-
mal trade relations treatment to the products of
Georgia will enable the United States to avail itself
of all rights under the World Trade Organization with
respect to Georgia.
‘‘SEC. 3002. TERMINATION OF APPLICATION OF
TITLE IV OF THE TRADE ACT OF 1974 TO GEOR-
GIA.
‘‘(a) PRESIDENTIAL DETERMINATIONS AND EXTENSIONS
OF NONDISCRIMINATORY TREATMENT.—Notwithstanding
any provision of title IV of the Trade Act of 1974 (19
U.S.C. 2431 et seq.), the President may—
‘‘(1) determine that such title should no longer
apply to Georgia; and
‘‘(2) after making a determination under paragraph
(1) with respect to Georgia, proclaim the extension of
nondiscriminatory treatment (normal trade relations
treatment) to the products of that country.
‘‘(b) TERMINATION OF APPLICATION OF TITLE IV.—On
and after the effective date of the extension under sub-
section (a)(2) of nondiscriminatory treatment to the
products of Georgia [Nondiscriminatory treatment ex-
tended Dec. 29, 2000, see Proc. No. 7389, listed in the
table of presidential documents below.], title IV of the
Trade Act of 1974 shall cease to apply to that country.’’
EXTENSION OF NONDISCRIMINATORY TREATMENT TO
PRODUCTS OF PEOPLE’S REPUBLIC OF CHINA
Pub. L. 106–286, div. A, title I, §§ 101, 102, Oct. 10, 2000,
114 Stat. 881, 882, provided that:
‘‘SEC. 101. TERMINATION OF APPLICATION OF
CHAPTER 1 OF TITLE IV OF THE TRADE ACT OF
1974 TO THE PEOPLE’S REPUBLIC OF CHINA.
‘‘(a) PRESIDENTIAL DETERMINATIONS AND EXTENSION OF
NONDISCRIMINATORY TREATMENT.—Notwithstanding any
provision of chapter 1 of title IV of the Trade Act of
1974 (19 U.S.C. 2431 et seq.) [this part], as designated by
section 3(a)(2) [103(a)(2)] of this Act, the President
may—
‘‘(1) determine that such chapter should no longer
apply to the People’s Republic of China; and
‘‘(2) after making a determination under paragraph
(1) with respect to the People’s Republic of China,
proclaim the extension of nondiscriminatory treat-
ment (normal trade relations treatment) to the prod-
ucts of that country.
‘‘(b) ACCESSION OF THE PEOPLE’S REPUBLIC OF CHINA
TO THE WORLD TRADE ORGANIZATION.—Prior to making
the determination provided for in subsection (a)(1) and
pursuant to the provisions of section 122 of the Uruguay
Round Agreements Act (19 U.S.C. 3532), the President
shall transmit a report to Congress certifying that the
terms and conditions for the accession of the People’s
Republic of China to the World Trade Organization are
at least equivalent to those agreed between the United
States and the People’s Republic of China on November
15, 1999.
‘‘SEC. 102. EFFECTIVE DATE.
‘‘(a) EFFECTIVE DATE OF NONDISCRIMINATORY TREAT-
MENT.—The extension of nondiscriminatory treatment
pursuant to section 101(a) shall be effective no earlier
than the effective date of the accession of the People’s
Republic of China to the World Trade Organization
[Dec. 11, 2001].
‘‘(b) TERMINATION OF APPLICABILITY OF TITLE IV.—On
and after the effective date under subsection (a) of the
extension of nondiscriminatory treatment to the prod-
ucts of the People’s Republic of China [Nondiscrim-
inatory treatment extended Jan. 1, 2002, see Proc. No.
7516, listed in the table of presidential documents
below.], chapter 1 of title IV of the Trade Act of 1974
[this part] (as designated by section 103(a)(2) of this
Act) shall cease to apply to that country.’’
EXTENSION OF NONDISCRIMINATORY TREATMENT TO
PRODUCTS OF ALBANIA
Pub. L. 106–200, title III, § 301, May 18, 2000, 114 Stat.
288, provided that:
‘‘(a) FINDINGS.—Congress makes the following find-
ings:
‘‘(1) Albania has been found to be in full compliance
with the freedom of emigration requirements under
title IV of the Trade Act of 1974 [19 U.S.C. 2431 et
seq.].
‘‘(2) Since its emergence from communism, Albania
has made progress toward democratic rule and the
creation of a free-market economy.
‘‘(3) Albania has concluded a bilateral investment
treaty with the United States.
‘‘(4) Albania has demonstrated a strong desire to
build a friendly relationship with the United States
and has been very cooperative with NATO and the
international
community
during
and
after
the
Kosova crisis.
‘‘(5) The extension of unconditional normal trade
relations treatment to the products of Albania will
enable the United States to avail itself of all rights
under the World Trade Organization with respect to
Albania when that country becomes a member of the
World Trade Organization.
‘‘(b) TERMINATION OF APPLICATION OF TITLE IV OF THE
TRADE ACT OF 1974 TO ALBANIA.—
‘‘(1) PRESIDENTIAL DETERMINATIONS AND EXTENSIONS
OF NONDISCRIMINATORY TREATMENT.—Notwithstanding
any provision of title IV of the Trade Act of 1974 (19
U.S.C. 2431 et seq.), the President may—
‘‘(A) determine that such title should no longer
apply to Albania; and
‘‘(B) after making a determination under subpara-
graph (A) with respect to Albania, proclaim the ex-
tension of nondiscriminatory treatment (normal
trade relations treatment) to the products of that
country.
‘‘(2) TERMINATION OF APPLICATION OF TITLE IV.—On
or after the effective date of the extension under
paragraph (1)(B) of nondiscriminatory treatment to
the products of Albania [Nondiscriminatory treat-
ment extended June 29, 2000, see Proc. No. 7326, listed
in the table of presidential documents below.], title
IV of the Trade Act of 1974 shall cease to apply to
that country.’’
Page 686
TITLE 19—CUSTOMS DUTIES
§ 2434
EXTENSION OF NONDISCRIMINATORY TREATMENT TO
PRODUCTS OF KYRGYZSTAN
Pub. L. 106–200, title III, § 302, May 18, 2000, 114 Stat.
289, provided that:
‘‘(a) FINDINGS.—Congress makes the following find-
ings:
‘‘(1) Kyrgyzstan has been found to be in full compli-
ance with the freedom of emigration requirements
under title IV of the Trade Act of 1974 [19 U.S.C. 2431
et seq.].
‘‘(2) Since its independence from the Soviet Union
in 1991, Kyrgyzstan has made great progress toward
democratic rule and toward creating a free-market
economic system.
‘‘(3) Kyrgyzstan concluded a bilateral investment
treaty with the United States in 1994.
‘‘(4) Kyrgyzstan has demonstrated a strong desire
to build a friendly and cooperative relationship with
the United States.
‘‘(5) The extension of unconditional normal trade
relations treatment to the products of Kyrgyzstan
will enable the United States to avail itself of all
rights under the World Trade Organization with re-
spect to Kyrgyzstan.
‘‘(b) TERMINATION OF APPLICATION OF TITLE IV OF THE
TRADE ACT OF 1974 TO KYRGYZSTAN.—
‘‘(1) PRESIDENTIAL DETERMINATIONS AND EXTENSIONS
OF NONDISCRIMINATORY TREATMENT.—Notwithstanding
any provision of title IV of the Trade Act of 1974 (19
U.S.C. 2431 et seq.), the President may—
‘‘(A) determine that such title should no longer
apply to Kyrgyzstan; and
‘‘(B) after making a determination under subpara-
graph (A) with respect to Kyrgyzstan, proclaim the
extension of nondiscriminatory treatment (normal
trade relations treatment) to the products of that
country.
‘‘(2) TERMINATION OF APPLICATION OF TITLE IV.—On
or after the effective date of the extension under
paragraph (1)(B) of nondiscriminatory treatment to
the products of Kyrgyzstan [Nondiscriminatory treat-
ment extended June 29, 2000, see Proc. No. 7326, listed
in the table of presidential documents below.], title
IV of the Trade Act of 1974 shall cease to apply to
that country.’’
EXTENSION OF NONDISCRIMINATORY TREATMENT TO
PRODUCTS OF MONGOLIA
Pub. L. 106–36, title II, § 2424, June 25, 1999, 113 Stat.
180, provided that:
‘‘(a) FINDINGS.—The Congress finds that Mongolia—
‘‘(1) has received normal trade relations treatment
since 1991 and has been found to be in full compliance
with the freedom of emigration requirements under
title IV of the Trade Act of 1974 [19 U.S.C. 2431 et
seq.];
‘‘(2) has emerged from nearly 70 years of com-
munism and dependence on the former Soviet Union,
approving a new constitution in 1992 which has estab-
lished a modern parliamentary democracy charged
with guaranteeing fundamental human rights, free-
dom of expression, and an independent judiciary;
‘‘(3) has held four national elections under the new
constitution, two presidential and two parliamen-
tary, thereby solidifying the nation’s transition to
democracy;
‘‘(4) has undertaken significant market-based eco-
nomic reforms, including privatization, the reduction
of government subsidies, the elimination of most
price controls and virtually all import tariffs, and the
closing of insolvent banks;
‘‘(5) has concluded a bilateral trade treaty with the
United States in 1991, and a bilateral investment
treaty in 1994;
‘‘(6) has acceded to the Agreement Establishing the
World Trade Organization, and extension of uncondi-
tional normal trade relations treatment to the prod-
ucts of Mongolia would enable the United States to
avail itself of all rights under the World Trade Orga-
nization with respect to Mongolia; and
‘‘(7) has demonstrated a strong desire to build
friendly relationships and to cooperate fully with the
United States on trade matters.
‘‘(b) TERMINATION OF APPLICATION OF TITLE IV OF THE
TRADE ACT OF 1974 to Mongolia.—
‘‘(1) PRESIDENTIAL DETERMINATIONS AND EXTENSIONS
OF NONDISCRIMINATORY TREATMENT.—Notwithstanding
any provision of title IV of the Trade Act of 1974 (19
U.S.C. 2431 et seq.), the President may—
‘‘(A) determine that such title should no longer
apply to Mongolia; and
‘‘(B) after making a determination under subpara-
graph (A) with respect to Mongolia, proclaim the
extension of nondiscriminatory treatment (normal
trade relations treatment) to the products of that
country.
‘‘(2) TERMINATION OF APPLICATION OF TITLE IV.—On
or after the effective date of the extension under
paragraph (1)(B) of nondiscriminatory treatment to
the products of Mongolia [Nondiscriminatory treat-
ment extended July 1, 1999, see Proc. No. 7207, listed
in the table of presidential documents below.], title
IV of the Trade Act of 1974 [19 U.S.C. 2431 et seq.]
shall cease to apply to that country.’’
EXTENSION OF NONDISCRIMINATORY TREATMENT TO
PRODUCTS OF ROMANIA
Pub. L. 104–171, Aug. 3, 1996, 110 Stat. 1539, provided
that:
‘‘SECTION 1. FINDINGS.
‘‘The Congress finds that—
‘‘(1) Romania emerged from years of brutal Com-
munist dictatorship in 1989 and approved a new Con-
stitution and elected a Parliament by 1991, laying the
foundation for a modern parliamentary democracy
charged
with
guaranteeing
fundamental
human
rights, freedom of expression, and respect for private
property;
‘‘(2) local elections, parliamentary elections, and
presidential elections have been held in Romania, and
1996 will mark the second nationwide presidential
elections under the new Constitution;
‘‘(3) Romania has undertaken significant economic
reforms, including the establishment of a two-tier
banking system, the introduction of a modern tax
system, the freeing of most prices and elimination of
most subsidies, the adoption of a tariff-based trade
regime, and the rapid privatization of industry and
nearly all agriculture;
‘‘(4) Romania concluded a bilateral investment
treaty with the United States in 1993, and both
United States investment in Romania and bilateral
trade are increasing rapidly;
‘‘(5) Romania has received most-favored-nation
treatment since 1993, and has been found by the
President to be in full compliance with the freedom
of emigration requirements under title IV of the
Trade Act of 1974 [19 U.S.C. 2431 et seq.];
‘‘(6) Romania is a member of the World Trade Orga-
nization and extension of unconditional most-fa-
vored-nation treatment to the products of Romania
would enable the United States to avail itself of all
rights under the World Trade Organization with re-
spect to Romania; and
‘‘(7) Romania has demonstrated a strong desire to
build friendly relationships and to cooperate fully
with the United States on trade matters.
‘‘SEC. 2. TERMINATION OF APPLICATION OF TITLE
IV OF THE TRADE ACT OF 1974 TO ROMANIA.
‘‘(a) PRESIDENTIAL DETERMINATIONS AND EXTENSION OF
NONDISCRIMINATORY TREATMENT.—Notwithstanding any
provision of title IV of the Trade Act of 1974 (19 U.S.C.
2431 et seq.), the President may—
‘‘(1) determine that such title should no longer
apply to Romania; and
‘‘(2) after making a determination under paragraph
(1), proclaim the extension of nondiscriminatory
treatment (most-favored-nation treatment) to the
products of that country.
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TITLE 19—CUSTOMS DUTIES
§ 2434
‘‘(b) TERMINATION OF APPLICATION OF TITLE IV.—On
and after the effective date of the extension under sub-
section (a)(2) of nondiscriminatory treatment to the
products of Romania [Nondiscriminatory treatment ex-
tended Nov. 12, 1996, see Proc. No. 6951, listed in the
table of presidential documents below.], title IV of the
Trade Act of 1974 shall cease to apply to that country.’’
Pub. L. 103–133, Nov. 2, 1993, 107 Stat. 1373, provided:
‘‘That the Congress approves the extension of non-
discriminatory treatment with respect to the products
of Romania transmitted by the President to the Con-
gress on July 2, 1993.’’
WITHDRAWAL OF MOST-FAVORED-NATION STATUS FROM
SERBIA AND MONTENEGRO
Pub. L. 102–420, Oct. 16, 1992, 106 Stat. 2149, provided
that:
‘‘(a) FINDINGS.—The Congress finds that Serbia or
Montenegro are not complying with the provisions of
the Final Act of the Conference on Security and Co-
operation in Europe (also known as the ‘Helsinki Final
Act’), particularly the provisions regarding human
rights and humanitarian affairs and are not respecting
minority rights in Kosovo and Vojvodina.
‘‘(b) WITHDRAWAL OF MFN STATUS.—Except as pro-
vided in subsection (c), nondiscriminatory treatment
shall not apply with respect to any goods that—
‘‘(1) are the product of Serbia or Montenegro; and
‘‘(2) are entered into the customs territory of the
United States on or after the 15th day after the date
of the enactment of this Act [Oct. 16, 1992].
‘‘(c) RESTORATION
OF
NONDISCRIMINATORY
TREAT-
MENT.—Notwithstanding subsection (b), the President
may restore nondiscriminatory treatment to goods
that are the product of Serbia or Montenegro, as the
case may be, 30 days after he certifies to the Congress
that Serbia or Montenegro, as the case may be—
‘‘(1) has ceased its armed conflict with the other
ethnic peoples of the region formerly comprising the
Socialist Federal Republic of Yugoslavia;
‘‘(2) has agreed to respect the borders of the 6 re-
publics that comprised the Socialist Federal Republic
of Yugoslavia under the 1974 Yugoslav Constitution;
and
‘‘(3) has ceased all support of Serbian forces inside
Bosnia-Hercegovina.’’
EXTENSION OF NONDISCRIMINATORY TREATMENT TO
PRODUCTS OF REPUBLIC OF ALBANIA
Pub. L. 102–363, Aug. 26, 1992, 106 Stat. 969, provided:
‘‘That the Congress approves the extension of non-
discriminatory treatment with respect to the products
of the Republic of Albania transmitted by the Presi-
dent to the Congress on June 16, 1992.’’
EXTENSION OF NONDISCRIMINATORY TREATMENT TO
PRODUCTS OF UNION OF SOVIET SOCIALIST REPUBLICS
Pub. L. 102–197, Dec. 9, 1991, 105 Stat. 1622, provided:
‘‘That the Congress approves the extension of non-
discriminatory treatment to the products of the Union
of Soviet Socialist Republics transmitted by the Presi-
dent to the Congress on October 9, 1991.’’
EXTENSION OF NONDISCRIMINATORY TREATMENT TO
PRODUCTS OF CZECHOSLOVAKIA AND HUNGARY
Pub. L. 102–182, §§ 1, 2, Dec. 4, 1991, 105 Stat. 1233, pro-
vided that:
‘‘SECTION 1. CONGRESSIONAL FINDINGS AND PRE-
PARATORY PRESIDENTIAL ACTION.
‘‘(a) CONGRESSIONAL FINDINGS.—The Congress finds
that the Czech and Slovak Federal Republic and the
Republic of Hungary both have—
‘‘(1) dedicated themselves to respect for funda-
mental human rights;
‘‘(2) accorded to their citizens the right to emigrate
and to travel freely;
‘‘(3) reversed over 40 years of communist dictator-
ship and embraced the establishment of political plu-
ralism, free and fair elections, and multi-party polit-
ical systems;
‘‘(4) introduced far-reaching economic reforms
based on market-oriented principles and have decen-
tralized economic decisionmaking; and
‘‘(5) demonstrated a strong desire to build friendly
relationships with the United States.
‘‘(b) PREPARATORY PRESIDENTIAL ACTION.—The Con-
gress notes that the President in anticipation of the en-
actment of section 2, has directed the United States
Trade Representative to negotiate with the Czech and
Slovak Federal Republic and the Republic of Hungary,
respectively, in order to—
‘‘(1) preserve the commitments of that country
under the bilateral commercial agreement in effect
between that country and the United States that are
consistent with the General Agreement on Tariffs
and Trade; and
‘‘(2) obtain other appropriate commitments.
‘‘SEC. 2. TERMINATION OF APPLICATION OF TITLE
IV OF THE TRADE ACT OF 1974 TO CZECHO-
SLOVAKIA AND HUNGARY.
‘‘(a) PRESIDENTIAL DETERMINATIONS AND EXTENSION OF
NONDISCRIMINATORY TREATMENT.—Notwithstanding any
provision of title IV of the Trade Act of 1974 (19 U.S.C.
2431 et seq.), the President may—
‘‘(1) determine that such title should no longer
apply to the Czech and Slovak Federal Republic or to
the Republic of Hungary, or to both; and
‘‘(2) after making a determination under paragraph
(1) with respect to a country, proclaim the extension
of nondiscriminatory treatment (most-favored-nation
treatment) to the products of that country.
‘‘(b) TERMINATION OF APPLICATION OF TITLE IV.—On
and after the effective date of the extension under sub-
section (a)(2) of nondiscriminatory treatment to the
products of a country [Nondiscriminatory treatment
extended Apr. 14, 1992, see Proc. No. 6419, listed in the
table of presidential documents below.], title IV of the
Trade Act of 1974 shall cease to apply to that country.’’
EXTENSION OF NONDISCRIMINATORY TREATMENT TO
PRODUCTS OF ESTONIA, LATVIA, AND LITHUANIA
Pub. L. 102–182, title I, Dec. 4, 1991, 105 Stat. 1235, pro-
vided that:
‘‘SEC. 101. CONGRESSIONAL FINDINGS.
‘‘The Congress finds the following:
‘‘(1) The Government of the United States extended
full diplomatic recognition to Estonia, Latvia, and
Lithuania in 1922.
‘‘(2) The Government of the United States entered
into
agreements
extending
most-favored-nation
treatment with the Government of Estonia on August
1, 1925, the Government of Latvia on April 30, 1926,
and the Government of Lithuania on July 10, 1926.
‘‘(3) The Union of Soviet Socialist Republics incor-
porated Estonia, Latvia, and Lithuania involuntarily
into the Union as a result of a secret protocol to a
German-Soviet agreement in 1939 which assigned
those three states to the Soviet sphere of influence;
and the Government of the United States has at no
time recognized the forcible incorporation of those
states into the Union of Soviet Socialist Republics.
‘‘(4) The Trade Agreements Extension Act of 1951
[see Short Title of 1951 Amendment note set out
under section 1654 of this title] required the President
to suspend, withdraw, or prevent the application of
trade benefits, including most-favored-nation treat-
ment, to countries under the domination or control
of the world Communist movement.
‘‘(5) In 1951, responsible representatives of Estonia,
Latvia, and Lithuania stated that they did not object
to the imposition of ‘such controls as the Govern-
ment of the United States may consider to be appro-
priate’ to the products of those countries, for such
time as those countries remained under Soviet domi-
nation or control.
‘‘(6) In 1990, the democratically elected govern-
ments of Estonia, Latvia, and Lithuania declared the
Page 688
TITLE 19—CUSTOMS DUTIES
§ 2434
restoration of their independence from the Union of
Soviet Socialist Republics.
‘‘(7) The Government of the United States estab-
lished diplomatic relations with Estonia, Latvia, and
Lithuania on September 2, 1991, and on September 6,
1991, the State Council of the transitional govern-
ment of the Union of Soviet Socialist Republics rec-
ognized the independence of Estonia, Latvia, and
Lithuania, thereby ending the involuntary incorpora-
tion of those countries into, and the domination of
those countries by, the Soviet Union.
‘‘(8) Immediate action should be taken to remove
the impediments, imposed in response to the cir-
cumstances referred to in paragraph (5), in United
States trade laws to the extension of nondiscrim-
inatory treatment (most-favored-nation treatment)
to the products of those countries.
‘‘(9) As a consequence of establishment of United
States diplomatic relations with Estonia, Latvia, and
Lithuania, these independent countries are eligible to
receive the benefits of the Generalized System of
Preferences provided for in title V of the Trade Act
of 1974 [19 U.S.C. 2461 et seq.].
‘‘SEC. 102. EXTENSION OF NONDISCRIMINATORY
TREATMENT TO THE PRODUCTS OF ESTONIA,
LATVIA, AND LITHUANIA.
‘‘(a) IN GENERAL.—Notwithstanding any provision of
title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.)
or any other provision of law, nondiscriminatory treat-
ment (most-favored-nation treatment) applies to the
products of Estonia, Latvia, and Lithuania.
‘‘(b) CONFORMING TARIFF SCHEDULE AMENDMENTS.—
General Note 3(b) of the Harmonized Tariff Schedule of
the United States is amended by striking out ‘Estonia’,
‘Latvia’, and ‘Lithuania’.
‘‘(c) EFFECTIVE DATE.—Subsection (a) and the amend-
ments made by subsection (b) apply with respect to
goods entered, or withdrawn from warehouse for con-
sumption, on or after the 15th day after the date of the
enactment of this Act [Dec. 4, 1991].
‘‘SEC. 103. TERMINATION OF APPLICATION OF
TITLE IV OF THE TRADE ACT OF 1974 TO THE
BALTICS.
‘‘Title IV of the Trade Act of 1974 (19 U.S.C. 2431 et
seq.) shall cease to apply to Estonia, Latvia, and Lith-
uania effective as of the 15th day after the date of the
enactment of this Act [Dec. 4, 1991].
‘‘SEC. 104. SENSE OF THE CONGRESS REGARDING
PROMPT PROVISION OF GSP TREATMENT TO
THE PRODUCTS OF ESTONIA, LATVIA, AND
LITHUANIA.
‘‘It is the sense of the Congress that the President
should take prompt action under title V of the Trade
Act of 1974 [19 U.S.C. 2461 et seq.] to provide pref-
erential tariff treatment to the products of Estonia,
Latvia, and Lithuania pursuant to the Generalized Sys-
tem of Preferences.’’
EXTENSION OF NONDISCRIMINATORY TREATMENT TO
PRODUCTS OF BULGARIA
Pub. L. 104–162, July 18, 1996, 110 Stat. 1414, provided
that:
‘‘SECTION 1. CONGRESSIONAL FINDINGS AND SUP-
PLEMENTAL ACTION.
‘‘(a) CONGRESSIONAL FINDINGS.—The Congress finds
that Bulgaria—
‘‘(1) has received most-favored-nation treatment
since 1991 and has been found to be in full compliance
with the freedom of emigration requirements under
title IV of the Trade Act of 1974 [19 U.S.C. 2431 et seq.]
since 1993;
‘‘(2) has reversed many years of Communist dicta-
torship and instituted a constitutional republic ruled
by a democratically elected government as well as
basic market-oriented reforms, including privatiza-
tion;
‘‘(3) is in the process of acceding to the General
Agreement on Tariffs and Trade (GATT) and the
World Trade Organization (WTO), and extension of
unconditional most-favored-nation treatment would
enable the United States to avail itself of all rights
under the GATT and the WTO with respect to Bul-
garia; and
‘‘(4) has demonstrated a strong desire to build
friendly relationships and to cooperate fully with the
United States on trade matters.
‘‘(b) SUPPLEMENTAL ACTION.—The Congress notes that
the United States Trade Representative intends to ne-
gotiate with Bulgaria in order to preserve the commit-
ments of that country under the bilateral commercial
agreement in effect between that country and the
United States that are consistent with the GATT and
the WTO.
‘‘SEC. 2. TERMINATION OF APPLICATION OF TITLE
IV OF THE TRADE ACT OF 1974 TO BULGARIA.
‘‘(a) PRESIDENTIAL DETERMINATIONS AND EXTENSION OF
NONDISCRIMINATORY TREATMENT.—Notwithstanding any
provision of title IV of the Trade Act of 1974 (19 U.S.C.
2431 et seq.), the President may—
‘‘(1) determine that such title should no longer
apply to Bulgaria; and
‘‘(2) after making a determination under paragraph
(1) with respect to Bulgaria, proclaim the extension
of nondiscriminatory treatment (most-favored-nation
treatment) to the products of that country.
‘‘(b) TERMINATION OF APPLICATION OF TITLE IV.—On
and after the effective date of the extension under sub-
section (a)(2) of nondiscriminatory treatment to the
products of Bulgaria [Nondiscriminatory treatment ex-
tended Oct. 1, 1996, see Proc. No. 6922, listed in the table
of presidential documents below.], title IV of the Trade
Act of 1974 shall cease to apply to that country.’’
Pub. L. 102–158, Nov. 13, 1991, 105 Stat. 1041, provided:
‘‘That the Congress approves the extension of non-
discriminatory treatment to the products of the Peo-
ple’s Republic of Bulgaria transmitted by the President
to the Congress on June 25, 1991.’’
EXTENSION OF NONDISCRIMINATORY TREATMENT TO
PRODUCTS OF MONGOLIAN PEOPLE’S REPUBLIC
Pub. L. 102–157, Nov. 13, 1991, 105 Stat. 1040, provided:
‘‘That the Congress approves the extension of non-
discriminatory treatment to the products of the Mon-
golian People’s Republic transmitted by the President
to the Congress on June 25, 1991.’’
EXTENSION OF NONDISCRIMINATORY TREATMENT TO
PRODUCTS OF CZECHOSLOVAKIA
Pub. L. 101–541, Nov. 8, 1990, 104 Stat. 2380, provided:
‘‘That the Congress approves the extension of non-
discriminatory treatment with respect to the products
of Czechoslovakia transmitted by the President to the
Congress on September 6, 1990.’’
AUTHORITY
OF PRESIDENT TO DENY
AND TO RESTORE
NONDISCRIMINATORY TRADE TREATMENT TO PRODUCTS
OF AFGHANISTAN OR TO DENY OR TO RESTORE CRED-
ITS, ETC., TO AFGHANISTAN
Pub. L. 99–190, § 118, Dec. 19, 1985, 99 Stat. 1319, pro-
vided that:
‘‘(a) Notwithstanding any other provision of law, the
President is authorized—
‘‘(1) to deny nondiscriminatory (most-favored-na-
tion) trade treatment to the products of Afghanistan
and thereby cause such products to be subject to the
rate of duty set forth in column number 2 of the Tar-
iff Schedules of the United States, and
‘‘(2) to deny credit, credit guarantees, and invest-
ment guarantees to, or for the benefit of, Afghanistan
under any Federal program.
‘‘(b) If the President has not denied nondiscrim-
inatory trade treatment to the products of Afghanistan
before the date that is 45 days after the date of enact-
ment of this joint resolution [Dec. 19, 1985], the Presi-
dent shall submit to the Congress on such date a report
which states the reasons why the President has not de-
nied such treatment.
Page 689
TITLE 19—CUSTOMS DUTIES
§ 2435
‘‘(c) Notwithstanding any other provision of law, if
the President takes any action under subsection (a),
the President is authorized to—
‘‘(1) restore nondiscriminatory trade treatment to
the products of Afghanistan, and
‘‘(2) extend credit, credit guarantees, and invest-
ment guarantees to, or for the benefit of, Afghanistan
under any Federal program. [sic]
only if the President provides written notice of such
restoration or extension to the Congress at least 30
days prior to the date on which such restoration or ex-
tension takes effect.
‘‘(d) For purposes of this joint resolution, the term
‘product of Afghanistan’ means any article which is
grown, produced, or manufactured (in whole or in part)
in Afghanistan.’’
Similar provisions were contained in Pub. L. 99–190,
§ 101(i) [title V, § 552], Dec. 19, 1985, 99 Stat. 1291, 1314.
EXTENSION OF NONDISCRIMINATORY TREATMENT TO
PRODUCTS OF SOCIALIST REPUBLIC OF ROMANIA
S. Con. Res. 35, July 28, 1975, 89 Stat. 1202, provided:
‘‘That the Congress approves the extension of non-
discriminatory treatment with respect to the products
of the Socialist Republic of Romania transmitted by
the President to the Congress on April 25, 1975.’’
Executive Documents
PRESIDENTIAL DOCUMENTS RELATING TO EXTENSION OF
NONDISCRIMINATORY TRADE TREATMENT
AFGHANISTAN.—Proc. No. 7553, May 3, 2002, 67 F.R.
30535.
Determination of President of the United States, No.
93–3, Oct. 7, 1992, 57 F.R. 47557.
Proc. No. 5437, Jan. 31, 1986, 51 F.R. 4287.
ALBANIA.—Proc. No. 7326, June 29, 2000, 65 F.R. 41547.
Determination of President of the United States, No.
96–44, Aug. 27, 1996, 61 F.R. 45859.
Proc. No. 6445, June 15, 1992, 57 F.R. 26921.
Determination of President of the United States, No.
92–33, June 15, 1992, 57 F.R. 28583.
ARMENIA.—Proc. No. 7860, Jan. 7, 2005, 70 F.R. 2321.
Determination of President of the United States, No.
96–47, Aug. 27, 1996, 61 F.R. 45865.
BELARUS.—Determination of President of the United
States, No. 96–15, Mar. 7, 1996, 61 F.R. 49935.
BULGARIA.—Proc. No. 6922, Sept. 27, 1996, 61 F.R. 51205.
Proc. No. 6307, June 24, 1991, 56 F.R. 29787.
Determination of President of the United States, No.
91–43, June 24, 1991, 56 F.R. 31037.
CHINA.—Proc. No. 7516, Dec. 27, 2001, 67 F.R. 479.
Determination of President of the United States, No.
98–13, Jan. 30, 1998, 63 F.R. 5857.
Determination of President of the United States, No.
96–33, June 21, 1996, 61 F.R. 32631.
Determination of President of the United States, No.
92–12, Jan. 31, 1992, 57 F.R. 19077.
Memorandum of President of the United States, Dec.
19, 1988, 53 F.R. 51217.
Memorandum of President of the United States, Dec.
23, 1982, 47 F.R. 57653.
Proc. No. 4697, Oct. 23, 1979, 44 F.R. 61161.
CZECHOSLOVAKIA.—Proc. No. 6419, Apr. 10, 1992, 57 F.R.
12865.
Determination of President of the United States, No.
92–21, Apr. 10, 1992, 57 F.R. 12863.
Proc. No. 6175, Sept. 6, 1990, 55 F.R. 37643.
Memorandum of President of the United States, Sept.
6, 1990, 55 F.R. 39259.
GEORGIA.—Proc. No. 7389, Dec. 29, 2000, 66 F.R. 703.
Determination of President of the United States, No.
96–49, Aug. 27, 1996, 61 F.R. 45869.
HUNGARY.—Proc. No. 6419, Apr. 10, 1992, 57 F.R. 12865.
Determination of President of the United States, No.
92–21, Apr. 10, 1992, 57 F.R. 12863.
Determination of President of the United States, No.
90–27, June 22, 1990, 55 F.R. 25945.
Determination of President of the United States, No.
87–15, June 23, 1987, 52 F.R. 23785.
Determination of President of the United States, No.
84–10, May 31, 1984, 49 F.R. 23025.
Determination of President of the United States, No.
81–9, June 2, 1981, 46 F.R. 29921.
Proc. No. 4560, Apr. 7, 1978, 43 F.R. 15125.
KAZAKHSTAN.—Determination of President of the
United States, No. 96–16, Mar. 7, 1996, 61 F.R. 49937.
KYRGYZSTAN.—Proc. No. 7326, June 29, 2000, 65 F.R.
41547.
Determination of President of the United States, No.
96–45, Aug. 27, 1996, 61 F.R. 45861.
MOLDOVA.—Proc. No. 8920, Dec. 20, 2012, 77 F.R. 76797.
Determination of President of the United States, No.
96–48, Aug. 27, 1996, 61 F.R. 45867.
MONGOLIA.—Proc. No. 7207, July 1, 1999, 64 F.R. 36549.
Proc. No. 6308, June 24, 1991, 56 F.R. 29834.
Determination of President of the United States, No.
91–44, June 24, 1991, 56 F.R. 31039.
ROMANIA.—Proc. No. 6951, Nov. 7, 1996, 61 F.R. 58129.
Proc. No. 6577, July 2, 1993, 58 F.R. 36301.
Determination of President of the United States, No.
93–30, July 2, 1993, 58 F.R. 43785.
Proc. No. 6449, June 22, 1992, 57 F.R. 28033.
Determination of President of the United States, No.
92–34, June 22, 1992, 57 F.R. 30099.
Determination of President of the United States, No.
90–28, July 3, 1990, 55 F.R. 27797.
Determination of President of the United States, No.
87–16, June 24, 1987, 52 F.R. 23931.
Determination of President of the United States, No.
87–15, June 23, 1987, 52 F.R. 23785.
Determination of President of the United States, No.
84–10, May 31, 1984, 49 F.R. 23025.
Determination of President of the United States, No.
81–9, June 2, 1981, 46 F.R. 29921.
Proc. No. 4369, Apr. 24, 1975, 40 F.R. 18389.
RUSSIA.—Proc. No. 8920, Dec. 20, 2012, 77 F.R. 76797.
TAJIKISTAN.—Determination
of
President
of
the
United States, No. 97–7, Nov. 26, 1996, 61 F.R. 63695.
TURKMENISTAN.—Determination of President of the
United States, No. 97–5, Nov. 20, 1996, 61 F.R. 59303.
UKRAINE.—Proc. No. 7995, Mar. 31, 2006, 71 F.R. 16969.
Determination of President of the United States, No.
96–46, Aug. 27, 1996, 61 F.R. 45863.
UNION
OF SOVIET SOCIALIST REPUBLICS.—Proc. No.
6352, Oct. 9, 1991, 56 F.R. 51317.
Proc. No. 6320, Aug. 2, 1991, 56 F.R. 37407.
Determination of President of the United States, No.
91–47, Aug. 2, 1991, 56 F.R. 40741.
UZBEKISTAN.—Determination of President of the
United States, No. 97–6, Nov. 26, 1996, 61 F.R. 63693.
VIETNAM.—Proc. No. 8096, Dec. 29, 2006, 72 F.R. 451.
Determination of President of the United States, No.
2005–11, Dec. 10, 2004, 69 F.R. 76587.
Proc. No. 7449, June 8, 2001, 66 F.R. 31375.
Determination of President of the United States, No.
2001–18, June 8, 2001, 66 F.R. 34353.
§ 2435. Commercial agreements
(a) Presidential authority
Subject to the provisions of subsections (b)
and (c) of this section, the President may au-
thorize the entry into force of bilateral commer-
cial agreements providing nondiscriminatory
treatment to the products of countries here-
tofore denied such treatment whenever he deter-
mines that such agreements with such countries
will promote the purposes of this chapter and
are in the national interest.
(b) Terms of agreements
Any such bilateral commercial agreement
shall—
(1) be limited to an initial period specified in
the agreement which shall be no more than 3
years from the date the agreement enters into
force; except that it may be renewable for ad-
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
The Trade Representative shall—
(1) issue regulations concerning the filing of petitions and the conduct of investigations and hearings under this subchapter,
(2) keep the petitioner regularly informed of all determinations and developments regarding the investigation conducted with respect to the petition under this subchapter, including the reasons for any undue delays, and
(3) submit a report to the House of Representatives and the Senate semiannually describing—
(A) the petitions filed and the determinations made (and reasons therefor) under [section 2412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2412&num=0&edition=prelim),
(B) developments in, and the current status of, each investigation or proceeding under this subchapter,
(C) the actions taken, or the reasons for no action, by the Trade Representative under [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411&num=0&edition=prelim) with respect to investigations conducted under this subchapter, and
(D) the commercial effects of actions taken under [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2431
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Federal law — U.S. Code and appendices · legal_authorities
Page 675
TITLE 19—CUSTOMS DUTIES
§ 2432
to any subsequent direction by the President in a par-
ticular matter.
SEC. 2. Consultations and Advice. In developing the an-
nual reports required by part I and part II of this order,
the Trade Representative shall consult with executive
agencies and seek information and advice from U.S.
businesses in the United States and in the countries in-
volved in the practices under consideration.
WILLIAM J. CLINTON.
SUBCHAPTER IV—TRADE RELATIONS WITH
COUNTRIES
NOT
RECEIVING
NON-
DISCRIMINATORY TREATMENT
PART 1—TRADE RELATIONS WITH CERTAIN
COUNTRIES
§ 2431. Exception of products of certain countries
or areas
Except as otherwise provided in this sub-
chapter, the President shall continue to deny
nondiscriminatory treatment to the products of
any country, the products of which were not eli-
gible for the rates set forth in rate column num-
bered 1 of the Tariff Schedules of the United
States on January 3, 1975.
(Pub. L. 93–618, title IV, § 401, Jan. 3, 1975, 88
Stat. 2056.)
Editorial Notes
REFERENCES IN TEXT
The Tariff Schedules of the United States, referred to
in text, to be treated as a reference to the Harmonized
Tariff Schedule pursuant to section 3012 of this title.
The Harmonized Tariff Schedule is not set out in the
Code. See Publication of Harmonized Tariff Schedule
note set out under section 1202 of this title.
Statutory Notes and Related Subsidiaries
REPORT ON EFFECT OF SUBCHAPTER; RECOMMENDATIONS
Pub. L. 95–501, title VI, § 604, Oct. 21, 1978, 92 Stat.
1692, which provided that within six months after Oct.
21, 1978, the Secretary of Agriculture submit to Con-
gress a report detailing the effect on United States ag-
riculture of this subchapter, including a recommenda-
tion as to whether the provision
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 2431
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Actions of nonmarket economy countries making them ineligible for normal trade relations, programs of credits, credit guarantees, or investment guarantees, or commercial agreements** To assure the continued dedication of the United States to fundamental human rights, and notwithstanding any other provision of law, on or after January 3, 1975, products from any nonmarket economy country shall not be eligible to receive nondiscriminatory treatment (normal trade relations), such country shall not participate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, directly or indirectly, and the President of the United States shall not conclude any commercial agreement with any such country, during the period beginning with the date on which the President determines that such country—
(1) denies its citizens the right or opportunity to emigrate;
(2) imposes more than a nominal tax on emigration or on the visas or other documents required for emigration, for any purpose or cause whatsoever; or
(3) imposes more than a nominal tax, levy, fine, fee, or other charge on any citizen as a consequence of the desire of such citizen to emigrate to the country of his choice,
and ending on the date on which the President determines that such country is no longer in violation of paragraph (1), (2), or (3).
**(b) Presidential determination and report to Congress that nation is not violating freedom of emigration** After January 3, 1975, (A) products of a nonmarket economy country may be eligible to receive nondiscriminatory treatment (normal trade relations), (B) such country may participate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees,
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2434
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Use of additional funds** Consistent, as determined by the President, with the obligations undertaken by the United States set forth in the Uruguay Round Agreements, the Commodity Credit Corporation shall use, in addition to any other funds appropriated or made available for such purposes, any funds made available under subsection (b) for authorized export promotion, foreign market development, export credit financing, and promoting the development, commercialization, and marketing of products resulting from alternative uses of agricultural commodities.
**(b) Amount of additional funds** Amounts shall be credited to the Commodity Credit Corporation in fiscal year 1995 equal to the lesser of the dollar amount of—
(1) the fiscal year 1995 Pay-As-You-Go savings; and
(2) the 5-year Pay-As-You-Go savings;
under [section 902 of title 2](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section902&num=0&edition=prelim), resulting from the enactment of the Federal Crop Insurance Reform Act of 1994.
**(c) Effective date** This section shall take effect on December 8, 1994.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 3501
Stored review status: release_metadata_unconfirmed. The source passage cites 19 U.S.C. § 3501. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 857
TITLE 19—CUSTOMS DUTIES
§ 3501
CHAPTER 22—URUGUAY ROUND TRADE
AGREEMENTS
Sec.
3501.
Definitions.
SUBCHAPTER I—APPROVAL OF, AND GENERAL
PROVISIONS RELATING TO, URUGUAY ROUND
AGREEMENTS
PART A—APPROVAL OF AGREEMENTS AND RELATED
PROVISIONS
3511.
Approval and entry into force of Uruguay
Round Agreements.
3512.
Relationship of agreements to United States
law and State law.
3513.
Implementing actions in anticipation of
entry into force; regulations.
PART B—TARIFF MODIFICATIONS
3521.
Tariff modifications.
3522.
Liquidation or reliquidation and refund of
duty paid on certain entries.
3523.
Duty free treatment for octadecyl isocyanate
and 5-Chloro-2-(2,4-dichloro-phenoxy) phe-
nol.
3524.
Consultation and layover requirements for,
and effective date of, proclaimed actions.
PART C—URUGUAY ROUND IMPLEMENTATION AND
DISPUTE SETTLEMENT
3531.
Definitions.
3532.
Implementation of Uruguay Round Agree-
ments.
3533.
Dispute settlement panels and procedures.
3534.
Annual report on WTO.
3535.
Review of participation in WTO.
3536.
Increased transparency.
3537.
Access to WTO dispute settlement process.
3538.
Administrative action following WTO panel
reports.
3539.
Fund for WTO dispute settlements.
PART D—RELATED PROVISIONS
3551.
Working party on worker rights.
3552.
Implementation of Rules of Origin work pro-
gram.
3553.
Membership in WTO of boycotting countries.
3554.
Africa trade and development policy.
3555.
Objectives for extended negotiations.
3556.
Certain nonrubber footwear.
SUBCHAPTER II—ENFORCEMENT OF UNITED
STATES RIGHTS UNDER SUBSIDIES AGREEMENT
3571.
Subsidies enforcement.
3572.
Review of Subsidies Agreement.
SUBCHAPTER III—ADDITIONAL IMPLEMENTATION
OF AGREEMENTS
PART A—FOREIGN TRADE BARRIERS AND UNFA
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 3501
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this Act:
(1) **GATT 1947; GATT 1994**
(A) *GATT 1947* — The term “GATT 1947” means the General Agreement on Tariffs and Trade, dated October 30, 1947, annexed to the Final Act Adopted at the Conclusion of the Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment, as subsequently rectified, amended, or modified by the terms of legal instruments which have entered into force before the date of entry into force of the WTO Agreement.
(B) *GATT 1994* — The term “GATT 1994” means the General Agreement on Tariffs and Trade annexed to the WTO Agreement.
(2) **HTS** — The term “HTS” means the Harmonized Tariff Schedule of the United States.
(3) **International Trade Commission** — The term “International Trade Commission” means the United States International Trade Commission.
(4) **Multilateral trade agreement** — The term “multilateral trade agreement” means an agreement described in [section 3511(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3511/d&num=0&edition=prelim) (other than an agreement described in paragraph (17) or (18) of such section).
(5) **Schedule XX** — The term “Schedule XX” means Schedule XX—United States of America annexed to the Marrakesh Protocol to the GATT 1994.
(6) **Trade Representative** — The term “Trade Representative” means the United States Trade Representative.
(7) **Uruguay Round Agreements** — The term “Uruguay Round Agreements” means the agreements approved by the Congress under [section 3511(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3511/a/1&num=0&edition=prelim).
(8) **World Trade Organization and WTO** — The terms “World Trade Organization” and “WTO” mean the or
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 3511
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Federal law — U.S. Code and appendices · legal_authorities
Page 858
TITLE 19—CUSTOMS DUTIES
§ 3511
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 103–465, Dec.
8, 1994, 108 Stat. 4809, known as the Uruguay Round
Agreements Act. For complete classification of this
Act to the Code, see Short Title note set out below and
Tables.
The Harmonized Tariff Schedule of the United States,
referred to in par. (2), is not set out in the Code. See
Publication of Harmonized Tariff Schedule note set out
under section 1202 of this title.
Statutory Notes and Related Subsidiaries
SHORT TITLE
Pub. L. 103–465, § 1(a), Dec. 8, 1994, 108 Stat. 4809, pro-
vided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘Uruguay Round Agreements Act’.’’
Executive Documents
URUGUAY ROUND AGREEMENTS: ENTRY INTO FORCE
The Uruguay Round Agreements, including the World
Trade Organization Agreement and agreements an-
nexed to that Agreement, as referred to in section
3511(d) of this title, entered into force with respect to
the United States on Jan. 1, 1995. See note set out
under section 3511 of this title.
SUBCHAPTER I—APPROVAL OF, AND GEN-
ERAL PROVISIONS RELATING TO, URU-
GUAY ROUND AGREEMENTS
PART A—APPROVAL OF AGREEMENTS AND
RELATED PROVISIONS
§ 3511. Approval and entry into force of Uruguay
Round Agreements
(a) Approval of agreements and statement of ad-
ministrative action
Pursuant to section 2903 of this title and sec-
tion 2191 of this title, the Congress approves—
(1) the trade agreements described in sub-
section (d) resulting from the Uruguay Round
of multilateral trade negotiations under the
auspices of the General Agreement on Tariffs
and Trade, entered into on April 15, 1994, and
submitted to the Congress on September 27,
1994; and
(2) the statement of administrative action
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 3511
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