19 U.S.C. § 4452 — United States-Israel trade and commercial

Page 1120 TITLE 19—CUSTOMS DUTIES § 4452 (B) an assessment of the revenue described in subparagraph (A) compared with the oper- ating costs of U.S. Customs and Border Pro- tection at the airport. (b) Program specified A program specified in this subsection is— (1) the program for entering into reimburs- able fee agreements for the provision of U.S. Customs and Border Protection services estab- lished by section 560 of the Department of Homeland Security Appropriations Act, 2013 (division D of Public Law 113–6; 127 Stat. 378); (2) the pilot program authorizing U.S. Cus- toms and Border Protection to enter into part- nerships with private sector and government entities at ports of entry established by sec- tion 559 of the Department of Homeland Secu- rity Appropriations Act, 2014 (division F of Public Law 113–76; 6 U.S.C. 211 note); (3) the program under which U.S. Customs and Border Protection collects a fee for the use of customs services at designated facilities under section 58b of this title; (4) the program established by subchapter VII of this chapter authorizing U.S. Customs and Border Protection to establish preclearance operations in foreign countries; or (5) the program for entering into reimburs- able fee agreements with U.S. Customs and Border Protection established under section 301 of title 6. (Pub. L. 114–125, title IX, § 907, Feb. 24, 2016, 130 Stat. 234; Pub. L. 114–279, § 3, Dec. 16, 2016, 130 Stat. 1422.) Editorial Notes REFERENCES IN TEXT Section 560 of the Department of Homeland Security Appropriations Act, 2013 (division D of Public Law 113–6; 127 Stat. 378), referred to in subsec. (b)(1), is not classified to the Code. Subchapter VII of this chapter, referred to in subsec. (b)(4), was in the original ‘‘subtitle B of title VIII of this Act’’, meaning subtitle B (§§ 811–819) of title VIII of Pub. L. 114–125, which is classified principally to sub- chapter VII of this chapter. For complete classification of subtitle B to the Code, see Short Title note set out under section 4301 of this title and Tables. AMENDMENTS 2016—Subsec. (b)(5). Pub. L. 114–279 added par. (5). § 4452. United States-Israel trade and commercial enhancement (a) Findings Congress finds the following: (1) Israel is America’s dependable, demo- cratic ally in the Middle East—an area of paramount strategic importance to the United States. (2) The United States-Israel Free Trade Agreement formed the modern foundation of the bilateral commercial relationship between the two countries and was the first such agree- ment signed by the United States with a for- eign country. (3) The United States-Israel Free Trade Agreement has been instrumental in expand- ing commerce and the strategic relationship between the United States and Israel. (4) More than $45,000,000,000 in goods and services is traded annually between the two countries, in addition to roughly $10,000,000,000 in United States foreign direct investment in Israel. (5) The United States continues to look for and find new opportunities to enhance co- operation with Israel, including through the enactment of the United States-Israel En- hanced Security Cooperation Act of 2012 (Pub- lic Law 112–150; 22 U.S.C. 8601 et seq.) and the United States-Israel Strategic Partnership Act of 2014 (Public Law 113–296; 128 Stat. 4075). (6) It has been the policy of the United States Government to combat all elements of the Arab League Boycott of Israel by— (A) public statements of Administration officials; (B) enactment of relevant sections of the Export Administration Act of 1979 (50 U.S.C. 4601 et seq.) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)), including sections to ensure foreign persons comply with applicable reporting requirements re- lating to the Boycott; (C) enactment of the Tax Reform Act of 1976 (Public Law 94–455; 90 Stat. 1520) that denies certain tax benefits to entities abid- ing by the Boycott; (D) ensuring through free trade agree- ments with Bahrain and Oman that such countries no longer participate in the Boy- cott; and (E) ensuring as a condition of membership in the World Trade Organization that Saudi Arabia no longer enforces the secondary or tertiary elements of the Boycott. (b) Statements of policy Congress— (1) supports the strengthening of economic cooperation between the United States and Israel and recognizes the tremendous stra- tegic, economic, and technological value of co- operation with Israel; (2) recognizes the benefit of cooperation with Israel to United States companies, including by improving American competitiveness in global markets; (3) recognizes the importance of trade and commercial relations to the pursuit and sus- tainability of peace, and supports efforts to bring together the United States, Israel, the Palestinian territories, and others in enhanced commerce; (4) opposes politically motivated actions that penalize or otherwise limit commercial relations specifically with Israel, such as boy- cotts of, divestment from, or sanctions against Israel; (5) notes that boycotts of, divestment from, and sanctions against Israel by governments, governmental bodies, quasi-governmental bod- ies, international organizations, and other such entities are contrary to principle of non- discrimination under the GATT 1994 (as de- fined in section 3501(1)(B) of this title); (6) encourages the inclusion of politically motivated actions that penalize or otherwise limit commercial relations specifically with Page 1121 TITLE 19—CUSTOMS DUTIES § 4452 Israel such as boycotts of, divestment from, or sanctions against Israel as a topic of discus- sion at the U.S.-Israel Joint Economic Devel- opment Group (JEDG) to support the strength- ening of the United States-Israel commercial relationship and combat any commercial dis- crimination against Israel; and (7) supports efforts to prevent investigations or prosecutions by governments or inter- national organizations of United States per- sons solely on the basis of such persons doing business with Israel, with Israeli entities, or in any territory controlled by Israel. (c) Principal trade negotiating objectives of the United States (1) Commercial partnerships Among the principal trade negotiating ob- jectives of the United States for proposed trade agreements with foreign countries re- garding commercial partnerships are the fol- lowing: (A) To discourage actions by potential trading partners that directly or indirectly prejudice or otherwise discourage commer- cial activity solely between the United States and Israel. (B) To discourage politically motivated boycotts of, divestment from, and sanctions against Israel and to seek the elimination of politically motivated nontariff barriers on Israeli goods, services, or other commerce imposed on Israel. (C) To seek the elimination of state-spon- sored unsanctioned foreign boycotts of Israel, or compliance with the Arab League Boycott of Israel, by prospective trading partners. (2) Effective date This subsection takes effect on February 24, 2016, and applies with respect to negotiations commenced before, on, or after such date. (d) Report on politically motivated acts of boy- cott of, divestment from, and sanctions against Israel (1) In general Not later than 180 days after February 24, 2016, and annually thereafter, the President shall submit to Congress a report on politi- cally motivated boycotts of, divestment from, and sanctions against Israel. (2) Matters to be included The report required by paragraph (1) shall include the following: (A) A description of the establishment of barriers to trade, including nontariff bar- riers, investment, or commerce by foreign countries or international organizations against United States persons operating or doing business in Israel, with Israeli enti- ties, or in Israeli-controlled territories. (B) A description of specific steps being taken by the United States to encourage for- eign countries and international organiza- tions to cease creating such barriers and to dismantle measures already in place, and an assessment of the effectiveness of such steps. (C) A description of specific steps being taken by the United States to prevent inves- tigations or prosecutions by governments or international organizations of United States persons solely on the basis of such persons doing business with Israel, with Israeli enti- ties, or in Israeli-controlled territories. (D) Decisions by foreign persons, including corporate entities and state-affiliated finan- cial institutions, that limit or prohibit eco- nomic relations with Israel or persons doing business in Israel or in any territory con- trolled by Israel. (e) Certain foreign judgments against United States persons Notwithstanding any other provision of law, no domestic court shall recognize or enforce any foreign judgment entered against a United States person that conducts business operations in Israel, or any territory controlled by Israel, if the domestic court determines that the foreign judgment is based, in whole or in part, on a de- termination by a foreign court that the United States person’s conducting business operations in Israel or any territory controlled by Israel or with Israeli entities constitutes a violation of law. (f) Definitions In this section: (1) Boycott of, divestment from, and sanctions against Israel The term ‘‘boycott of, divestment from, and sanctions against Israel’’ means actions by states, nonmember states of the United Na- tions, international organizations, or affili- ated agencies of international organizations that are politically motivated and are in- tended to penalize or otherwise limit commer- cial relations specifically with Israel or per- sons doing business in Israel or in any terri- tory controlled by Israel. (2) Domestic court The term ‘‘domestic court’’ means a Federal court of the United States, or a court of any State or territory of the United States or of the District of Columbia. (3) Foreign court The term ‘‘foreign court’’ means a court, an administrative body, or other tribunal of a foreign country. (4) Foreign judgment The term ‘‘foreign judgment’’ means a final civil judgment rendered by a foreign court. (5) Foreign person The term ‘‘foreign person’’ means— (A) an individual who is not a United States person or an alien lawfully admitted for permanent residence into the United States; or (B) a corporation, partnership, or other nongovernmental entity which is not a United States person. (6) Person (A) In general The term ‘‘person’’ means— (i) a natural person; (ii) a corporation, business association, partnership, society, trust, financial insti- Page 1122 TITLE 19—CUSTOMS DUTIES § 4453 1 See References in Text note below. tution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organiza- tion, or group, and any governmental enti- ty operating as a business enterprise; and (iii) any successor to any entity de- scribed in clause (ii). (B) Application to governmental entities The term ‘‘person’’ does not include a gov- ernment or governmental entity that is not operating as a business enterprise. (7) United States person The term ‘‘United States person’’ means— (A) a natural person who is a national of the United States (as defined in section 1101(a)(22) of title 8); or (B) a corporation or other legal entity that is organized under the laws of the United States, any State or territory thereof, or the District of Columbia, if natural persons de- scribed in subparagraph (A) own, directly or indirectly, more than 50 percent of the out- standing capital stock or other beneficial in- terest in such legal entity. (Pub. L. 114–125, title IX, § 909, Feb. 24, 2016, 130 Stat. 236.) Editorial Notes REFERENCES IN TEXT The United States-Israel Enhanced Security Coopera- tion Act of 2012, referred to in subsec. (a)(5), is Pub. L. 112–150, July 27, 2012, 126 Stat. 1146, which is classified principally to chapter 93 (§ 8601 et seq.) of Title 22, For- eign Relations and Intercourse. For complete classi- fication of this Act to the Code, see Short Title note set out under section 8601 of Title 22 and Tables. The United States-Israel Strategic Partnership Act of 2014, referred to in subsec. (a)(5), is Pub. L. 113–296, Dec. 19, 2014, 128 Stat. 4075. For complete classification of this Act to the Code, see Short Title of 2014 Amend- ment note set out under section 8601 of Title 22, For- eign Relations and Intercourse, and Tables. The Export Administration Act of 1979, referred to in subsec. (a)(6)(B), is Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 503, which was classified principally to chapter 56 (§ 4601 et seq.) of Title 50, War and National Defense, prior to repeal by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232, except for sections 11A, 11B, and 11C thereof (50 U.S.C. 4611, 4612, 4613). The International Emergency Economic Powers Act, referred to in subsec. (a)(6)(B), is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables. The Tax Reform Act of 1976, referred to in subsec. (a)(6)(C), is Pub. L. 94–455, Oct. 4, 1976, 90 Stat. 1520. For complete classification of this Act to the Code, see Ta- bles. Executive Documents DELEGATION OF FUNCTIONS Functions of President under subsec. (d) of this sec- tion assigned to Secretary of State, in consultation with other relevant Federal agencies, see Ex. Ord. No. 13733, § 1(b), July 22, 2016, 81 F.R. 49515, set out as a note under section 4421 of this title. § 4453. Report on compliance with prohibition on importation of goods made with convict, forced, or indentured labor Not later than 180 days after February 24, 2016, and annually thereafter, the Commissioner shall submit to the Committee on Finance of the Sen- ate and the Committee on Ways and Means of the House of Representatives a report on com- pliance with section 1307 of this title that in- cludes the following: (1) The number of instances in which mer- chandise was denied entry pursuant to that section during the 1-year period preceding the submission of the report. (2) A description of the merchandise denied entry pursuant to that section. (3) Such other information as the Commis- sioner considers appropriate with respect to monitoring and enforcing compliance with that section. (Pub. L. 114–125, title IX, § 910(b), Feb. 24, 2016, 130 Stat. 239.) § 4454. Trade preferences for Nepal (a) Findings Congress makes the following findings: (1) Nepal is among the least developed coun- tries in the world, with a per capita gross na- tional income of $730 in 2014. (2) Nepal suffered a devastating earthquake in April 2015, with subsequent aftershocks. More than 9,000 people died and approximately 23,000 people were injured. (b) Eligibility requirements (1) In general The President may authorize the provision of preferential treatment under this section to articles that are imported directly from Nepal into the customs territory of the United States pursuant to subsection (c) if the Presi- dent determines— (A) that Nepal meets the requirements set forth in paragraphs (1), (2), and (3) of section 3703(a) 1 of this title; and (B) after taking into account the factors set forth in paragraphs (1) through (7) of sub- section (c) of section 502 of the Trade Act of 1974 (19 U.S.C. 2462), that Nepal meets the eligibility requirements of such section 502. (2) Withdrawal, suspension, or limitation of preferential treatment; mandatory gradua- tion The provisions of subsections (d) and (e) of section 502 of the Trade Act of 1974 (19 U.S.C. 2462) shall apply with respect to Nepal to the same extent and in the same manner as such provisions apply with respect to beneficiary developing countries under title V of that Act (19 U.S.C. 2461 et seq.). (c) Eligible articles (1) In general An article described in paragraph (2) may enter the customs territory of the United States free of duty.