19 U.S.C. § 4012 — Relationship of the Agreement to United

Page 1037 TITLE 19—CUSTOMS DUTIES § 4012 Publication of Harmonized Tariff Schedule note set out under section 1202 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES Section effective Aug. 2, 2005, and to cease to have ef- fect on date Dominican Republic-Central America- United States Free Trade Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with re- spect to such country, see section 107 of Pub. L. 109–53, set out as a note under section 4001 of this title. SUBCHAPTER I—APPROVAL OF, AND GEN- ERAL PROVISIONS RELATING TO, THE AGREEMENT § 4011. Approval and entry into force of the Agreement (a) Approval of Agreement and statement of ad- ministrative action Pursuant to section 3805 of this title and sec- tion 2191 of this title, the Congress approves— (1) the Dominican Republic-Central Amer- ica-United States Free Trade Agreement en- tered into on August 5, 2004, with the Govern- ments of Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, and Nica- ragua, and submitted to the Congress on June 23, 2005; and (2) the statement of administrative action proposed to implement the Agreement that was submitted to the Congress on June 23, 2005. (b) Conditions for entry into force of the Agree- ment At such time as the President determines that countries listed in subsection (a)(1) have taken measures necessary to comply with the provi- sions of the Agreement that are to take effect on the date on which the Agreement enters into force, the President is authorized to provide for the Agreement to enter into force with respect to those countries that provide for the Agree- ment to enter into force for them. (Pub. L. 109–53, title I, § 101, Aug. 2, 2005, 119 Stat. 464.) TERMINATION OF SECTION For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES Section effective on the date the Dominican Repub- lic-Central America-United States Free Trade Agree- ment enters into force (Mar. 1, 2006) and to cease to have effect on the date the Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with re- spect to such country, see section 107 of Pub. L. 109–53, set out as a note under section 4001 of this title. § 4012. Relationship of the Agreement to United States and State law (a) Relationship of Agreement to United States law (1) United States law to prevail in conflict No provision of the Agreement, nor the ap- plication of any such provision to any person or circumstance, which is inconsistent with any law of the United States shall have effect. (2) Construction Nothing in this chapter shall be construed— (A) to amend or modify any law of the United States, or (B) to limit any authority conferred under any law of the United States, unless specifically provided for in this chapter. (b) Relationship of Agreement to State law (1) Legal challenge No State law, or the application thereof, may be declared invalid as to any person or circumstance on the ground that the provision or application is inconsistent with the Agree- ment, except in an action brought by the United States for the purpose of declaring such law or application invalid. (2) Definition of State law For purposes of this subsection, the term ‘‘State law’’ includes— (A) any law of a political subdivision of a State; and (B) any State law regulating or taxing the business of insurance. (c) Effect of Agreement with respect to private remedies No person other than the United States— (1) shall have any cause of action or defense under the Agreement or by virtue of congres- sional approval thereof; or (2) may challenge, in any action brought under any provision of law, any action or inac- tion by any department, agency, or other in- strumentality of the United States, any State, or any political subdivision of a State, on the ground that such action or inaction is incon- sistent with the Agreement. (Pub. L. 109–53, title I, § 102, Aug. 2, 2005, 119 Stat. 464.) TERMINATION OF SECTION For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below. Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(2), was in the original ‘‘this Act’’, meaning Pub. L. 109–53, Aug. 2, 2005, 119 Stat. 462, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES Section effective on the date the Dominican Repub- lic-Central America-United States Free Trade Agree- Page 1038 TITLE 19—CUSTOMS DUTIES § 4013 ment enters into force (Mar. 1, 2006) and to cease to have effect on the date the Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with re- spect to such country, see section 107 of Pub. L. 109–53, set out as a note under section 4001 of this title. § 4013. Implementing actions in anticipation of entry into force and initial regulations (a) Implementing actions (1) Proclamation authority After August 2, 2005— (A) the President may proclaim such ac- tions, and (B) other appropriate officers of the United States Government may issue such regula- tions, as may be necessary to ensure that any provi- sion of this chapter, or amendment made by this chapter, that takes effect on the date the Agreement enters into force is appropriately implemented on such date, but no such procla- mation or regulation may have an effective date earlier than the date the Agreement en- ters into force. (2) Effective date of certain proclaimed actions Any action proclaimed by the President under the authority of this chapter that is not subject to the consultation and layover provi- sions under section 4014 of this title may not take effect before the 15th day after the date on which the text of the proclamation is pub- lished in the Federal Register. (3) Waiver of 15-day restriction The 15-day restriction contained in para- graph (2) on the taking effect of proclaimed actions is waived to the extent that the appli- cation of such restriction would prevent the taking effect on the date the Agreement en- ters into force of any action proclaimed under this section. (b) Initial regulations Initial regulations necessary or appropriate to carry out the actions required by or authorized under this chapter or proposed in the statement of administrative action submitted under sec- tion 4011(a)(2) of this title to implement the Agreement shall, to the maximum extent fea- sible, be issued within 1 year after the date on which the Agreement enters into force. In the case of any implementing action that takes ef- fect on a date after the date on which the Agree- ment enters into force, initial regulations to carry out that action shall, to the maximum ex- tent feasible, be issued within 1 year after such effective date. (Pub. L. 109–53, title I, § 103, Aug. 2, 2005, 119 Stat. 465.) TERMINATION OF SECTION For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below. Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(1), (2) and (b), was in the original ‘‘this Act’’, meaning Pub. L. 109–53, Aug. 2, 2005, 119 Stat. 462, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES Section effective on the date the Dominican Repub- lic-Central America-United States Free Trade Agree- ment enters into force (Mar. 1, 2006) and to cease to have effect on the date the Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with re- spect to such country, see section 107 of Pub. L. 109–53, set out as a note under section 4001 of this title. § 4014. Consultation and layover provisions for, and effective date of, proclaimed actions If a provision of this chapter provides that the implementation of an action by the President by proclamation is subject to the consultation and layover requirements of this section, such ac- tion may be proclaimed only if— (1) the President has obtained advice regard- ing the proposed action from— (A) the appropriate advisory committees established under section 2155 of this title; and (B) the Commission; (2) the President has submitted to the Com- mittee on Finance of the Senate and the Com- mittee on Ways and Means of the House of Representatives a report that sets forth— (A) the action proposed to be proclaimed and the reasons therefor; and (B) the advice obtained under paragraph (1); (3) a period of 60 calendar days, beginning on the first day on which the requirements set forth in paragraphs (1) and (2) have been met has expired; and (4) the President has consulted with such Committees regarding the proposed action during the period referred to in paragraph (3). (Pub. L. 109–53, title I, § 104, Aug. 2, 2005, 119 Stat. 465.) TERMINATION OF SECTION For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below. Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 109–53, Aug. 2, 2005, 119 Stat. 462, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES Section effective on the date the Dominican Repub- lic-Central America-United States Free Trade Agree- ment enters into force (Mar. 1, 2006) and to cease to have effect on the date the Agreement ceases to be in force with respect to the United States, and, during