19 U.S.C. § 3511 — Approval and entry into force of Uruguay

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 proposed to implement the agreements that was submitted to the Congress on September 27, 1994. (b) Entry into force At such time as the President determines that a sufficient number of foreign countries are ac- cepting the obligations of the Uruguay Round Agreements, in accordance with article XIV of the WTO Agreement, to ensure the effective op- eration of, and adequate benefits for the United States under, those Agreements, the President may accept the Uruguay Round Agreements and implement article VIII of the WTO Agreement. (c) Authorization of appropriations There are authorized to be appropriated annu- ally such sums as may be necessary for the pay- ment by the United States of its share of the ex- penses of the WTO. (d) Trade agreements to which this Act applies Subsection (a) applies to the WTO Agreement and to the following agreements annexed to that Agreement: (1) The General Agreement on Tariffs and Trade 1994. (2) The Agreement on Agriculture. (3) The Agreement on the Application of Sanitary and Phytosanitary Measures. (4) The Agreement on Textiles and Clothing. (5) The Agreement on Technical Barriers to Trade. (6) The Agreement on Trade-Related Invest- ment Measures. (7) The Agreement on Implementation of Ar- ticle VI of the General Agreement on Tariffs and Trade 1994. (8) The Agreement on Implementation of Ar- ticle VII of the General Agreement on Tariffs and Trade 1994. (9) The Agreement on Preshipment Inspec- tion. (10) The Agreement on Rules of Origin. (11) The Agreement on Import Licensing Procedures. (12) The Agreement on Subsidies and Coun- tervailing Measures. (13) The Agreement on Safeguards. (14) The General Agreement on Trade in Services. (15) The Agreement on Trade-Related As- pects of Intellectual Property Rights. (16) The Understanding on Rules and Proce- dures Governing the Settlement of Disputes. (17) The Agreement on Government Procure- ment. (18) The International Bovine Meat Agree- ment. (Pub. L. 103–465, title I, § 101, Dec. 8, 1994, 108 Stat. 4814.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (d), 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 under sec- tion 3501 of this title and Tables. Executive Documents URUGUAY ROUND AGREEMENTS: ENTRY INTO FORCE Executive Documents set out below, provide gen- erally for the implementation of the trade agreements resulting from the Uruguay Round of multilateral trade negotiations, effective Jan. 1, 1995. PROC. NO. 6763. TO IMPLEMENT TRADE AGREEMENTS RE- SULTING FROM URUGUAY ROUND OF MULTILATERAL TRADE NEGOTIATIONS, AND FOR OTHER PURPOSES Proc. No. 6763, Dec. 23, 1994, 60 F.R. 1007, as amended by Proc. No. 6780, Mar. 23, 1995, 60 F.R. 15849; Proc. No. 6857, Dec. 11, 1995, 60 F.R. 64817; Proc. No. 6948, Oct. 29, 1996, 61 F.R. 56387, provided: 1. On April 15, 1994, the President entered into trade agreements resulting from the Uruguay Round of mul- tilateral trade negotiations (‘‘the Uruguay Round Agreements’’). In section 101(a) of the Uruguay Round Agreements Act (‘‘the URAA’’) (Public Law 103–465; 108 Stat. 4809) [19 U.S.C. 3511(a)], the Congress approved the Uruguay Round Agreements listed in section 101(d) of that Act. 2. (a) Sections 1102(a) and (e) of the Omnibus Trade and Competitiveness Act of 1988, as amended (‘‘the 1988 Act’’) (19 U.S.C. 2902(a) and (e)), authorize the President to proclaim such modification or continuance of any existing duty, such continuance of existing duty-free or Page 859 TITLE 19—CUSTOMS DUTIES § 3511 excise treatment, or such additional duties, as he deter- mines to be required or appropriate to carry out any trade agreements entered into under those sections. (b) Accordingly, I have determined that it is required or appropriate in order to carry out the Uruguay Round Agreements, which were entered into under sections 1102(a) and (e) of the 1988 Act (19 U.S.C. 2902(a) and (e)), that I proclaim the modifications and continuances of existing duties, duty-free treatments, excise treat- ments, and additional duties set forth in the Annex to this proclamation. 3. (a) Section 111(a) of the URAA [19 U.S.C. 3521(a)] authorizes the President to proclaim such other modi- fication of any duty, such other staged rate reduction, or such other additional duties beyond those authorized by section 1102 of the 1988 Act (19 U.S.C. 2902) as the President determines to be necessary or appropriate to carry out Schedule XX—United States of America, an- nexed to the Marrakesh Protocol to the General Agree- ment on Tariffs and Trade 1994 (‘‘Schedule XX’’). (b) Accordingly, I have determined that it is nec- essary or appropriate to carry out Schedule XX to pro- claim such other modifications of duties, such other staged rate reductions, and such other additional du- ties, beyond those authorized by section 1102 of the 1988 Act (19 U.S.C. 2902), as are set forth in the Annex to this proclamation. 4. Section 111(d) of the URAA [19 U.S.C. 3521(d)] re- quires the President to proclaim the rate of duty set forth in Column B of the table set forth in that section as the column 2 rate of duty for the subheading of the Harmonized Tariff Schedule of the United States (‘‘HTS’’) [see 19 U.S.C. 1202] that corresponds to the subheading in Schedule XX listed in Column A. 5. (a) Section 22(f) of the Agricultural Adjustment Act (‘‘the Adjustment Act’’) (7 U.S.C. 624(f)), as amend- ed by section 401(a)(1) of the URAA, provides that, as of the date of entry into force of the Agreement Estab- lishing the World Trade Organization (‘‘the WTO Agree- ment’’), no quantitative limitation or fee shall be im- posed under that section with respect to any article that is the product of a World Trade Organization member, as defined in section 2(10) of the URAA [19 U.S.C. 3501(10)]. (b) Section 401(a)(2) of the URAA [7 U.S.C. 624 note] further provides that, with respect to wheat, amended section 22(f) of the Adjustment Act (7 U.S.C. 624(f)) shall be effective on the later of the date of entry into force of the WTO Agreement or September 12, 1995. (c) Accordingly, I have decided that it is necessary to provide for the termination of all quantitative limita- tions and fees previously proclaimed under section 22 of the Adjustment Act (7 U.S.C. 624), other than those for wheat, as provided in the Annex to this proclamation. 6. (a) Section 404(a) of the URAA [19 U.S.C. 3601(a)] di- rects the President to take such action as may be nec- essary in implementing the tariff-rate quotas set out in Schedule XX to ensure that imports of agricultural products do not disrupt the orderly marketing of com- modities in the United States. (b) Section 404(d)(3) of the URAA authorizes the President to allocate the in-quota quantity of a tariff- rate quota for any agricultural product among sup- plying countries or customs areas and to modify any allocation, as he determines appropriate. (c) Section 404(d)(5) of the URAA authorizes the President to proclaim additional U.S. note 3 to chapter 17 of the HTS, dealing with imports of sugar, together with appropriate modifications thereto, to reflect Schedule XX. (d) Section 405 of the URAA [19 U.S.C. 3602] directs the President to cause to be published in the Federal Register the list of special safeguard agricultural goods and, if appropriate, to impose price-based or volume- based safeguards with respect to such goods consistent with Article 5 of the Agreement on Agriculture an- nexed to the WTO Agreement, and authorizes the Presi- dent to exempt from any safeguard duty any goods originating in a country that is a party to the North American Free Trade Agreement (‘‘the NAFTA’’). 7. Presidential Proclamation No. 6641 of December 15, 1993 [108 Stat. 5134], implemented the NAFTA with re- spect to the United States and, pursuant to sections 201 and 202 of the North American Free Trade Agreement Implementation Act (‘‘the NAFTA Act’’) ([former] 19 U.S.C. 3331 and 3332), incorporated in the HTS the tariff modifications and rules of origin necessary or appro- priate to carry out or apply the NAFTA. Certain tech- nical errors were made in the Annexes to that procla- mation. I have determined that, in order to reflect ac- curately the intended tariff treatment and rules of ori- gin provided for in the NAFTA, it is necessary to mod- ify certain provisions of the HTS, as set forth in the Annex to this proclamation. 8. Presidential Proclamation No. 6455 of July 2, 1992 [19 U.S.C. 3202 note], implementing the Andean Trade Preference Act (‘‘the ATPA’’) (19 U.S.C. 3201 et seq.), provided duty-free entry for all eligible articles, and duty reductions for certain other articles that are the product of any designated beneficiary country under that Act. Through technical error, the tariff treatment of ethyl alcohol, ethyl tertiary-butyl ether, and mix- tures containing these products was incompletely stat- ed. Accordingly, I have decided that it is appropriate to modify the provisions of subchapter I of chapter 99 of the HTS to provide fully for the tariff treatment of such products under the ATPA. 9. Section 242 of the Compact of Free Association (‘‘the Compact’’) between the United States and Palau provides that, upon implementation of the Compact, the President shall proclaim duty-free entry for most products of designated freely associated states. Such duty-free treatment, pursuant to the Compact of Free Association Approval Act (‘‘the Compact Act’’) (Public Law 99–658; 100 Stat. 3672, 48 U.S.C. 1681 note [48 U.S.C. 1931 et seq.]), is subject to the limitations of section 201 of the Compact Act [48 U.S.C. 1931 note] and sections 503(b) and 504(c) of the Trade Act of 1974 (‘‘the 1974 Act’’) (19 U.S.C. 2463(b) and 2464(c)). In Presidential Proclamation No. 6726 of September 27, 1994 [48 U.S.C. 1931 note], I proclaimed that the Compact would enter into force on October 1, 1994. In order to accord such duty-free treatment to products of Palau, I have de- cided that it is necessary and appropriate to modify general note 10 to the HTS to designate the Republic of Palau as a freely associated state. Further, I have de- cided that it is appropriate to modify general note 4(a) to the HTS, which enumerates designated beneficiary countries for purposes of the Generalized System of Preferences, to delete Palau from the list of non-inde- pendent countries and territories. 10. Presidential Proclamation No. 5759 of December 24, 1987 [102 Stat. 4942], imposed increased rates of duty on certain products of the European Community (‘‘EC’’), in response to the EC’s implementation of the Council Directive Prohibiting the Use in Livestock Farming of Certain Substances Having a Hormonal Ac- tion. Austria, Finland, and Sweden have indicated that they will become member states of the EC on January 1, 1995. Accordingly, to clarify that the increased rates of duty imposed by Proclamation No. 5759 continue to apply to the EC in its capacity as a foreign instrumen- tality, it is necessary to amend the HTS to indicate that the duties are to be imposed on products of the EC, including products of all new and future member states, and not just on products of countries that were members of the EC in 1987 and that were listed in the HTS for illustrative purposes. 11. Additional U.S. note 24 to chapter 4 of Schedule XX provides for a delay in the effective date, or pro- rating, of the expansion of tariff-rate quotas for cheeses above the existing quota quantities provided for in sub- chapter IV of chapter 99 of the HTS that will result from the implementation of United States commit- ments under the Uruguay Round Agreements, in the case of countries or areas that implement their market access commitments on a date later than the effective date of Schedule XX. The current members of the Euro- pean Community (Belgium, Denmark, France, the Fed- eral Republic of Germany, Greece, Ireland, Italy, Lux- Page 860 TITLE 19—CUSTOMS DUTIES § 3511 embourg, the Netherlands, Portugal, Spain, and the United Kingdom), Austria, Poland, Sweden, and Swit- zerland all have indicated their intention not to imple- ment their market access commitments until July 1, 1995. Accordingly, I have determined, pursuant to my authority under sections 111(a) and (b) of the URAA [19 U.S.C. 3521(a), (b)] and section 1102 of the 1988 Act (19 U.S.C. 2902), that it is appropriate not to make avail- able the amounts specified in section K of the Annex to this proclamation until July 1, 1995. 12. Section 604 of the 1974 Act (19 U.S.C. 2483) author- izes the President to embody in the HTS the substance of the relevant provisions of that Act, of other acts af- fecting import treatment, and actions thereunder, in- cluding the removal, modification, continuance, or im- position of any rate of duty or other import restriction. NOW, THEREFORE, I, WILLIAM J. CLINTON, Presi- dent of the United States of America, acting under the authority vested in me by the Constitution and the laws of the United States of America, including but not limited to section 604 of the 1974 Act (19 U.S.C. 2483), section 1102 of the 1988 Act (19 U.S.C. 2902), sections 201 and 202 of the NAFTA Act ([former] 19 U.S.C. 3331 and 3332), and title I [19 U.S.C. 3511 et seq.] and title IV [see Tables for classification] of the URAA, do hereby pro- claim: (1) In order to provide generally for the tariff treat- ment being accorded under the Uruguay Round Agree- ments, including the modification or continuance of ex- isting duties or other import restrictions and the con- tinuance of existing duty-free or excise treatment pro- vided for in Schedule XX, the URAA, and the other au- thorities cited in this proclamation, including the ter- mination of quantitative limitations and fees pre- viously imposed under section 22 of the Adjustment Act (7 U.S.C. 624), the HTS is modified as set forth in the Annex to this proclamation. (2)(a) The modifications to the HTS made by sections A (except with respect to paragraphs thereof specifying other effective dates), C, E, and IJ of the Annex to this proclamation shall be effective with respect to goods entered, or withdrawn from warehouse for consump- tion, on and after January 1, 1995; (b) The modifications to the HTS made by sections B, D(1)–(5), F, G, H, and L of the Annex to this proclama- tion, and by those paragraphs of section A specifying effective dates other than January 1, 1995, shall be ef- fective with respect to goods entered, or withdrawn from warehouse for consumption, on and after the dates set forth in such sections of the Annex; (c) The modifications to the HTS made by section D(6) of the Annex to this proclamation shall be effec- tive with respect to goods entered, or withdrawn from warehouse for consumption, on and after the dates set forth in such section, unless the United States Trade Representative (USTR) announces that the scheduled staged duty reductions set forth in such Annex section are being withheld because other major countries have not afforded adequate entity coverage under the Agree- ment on Government Procurement annexed to the WTO Agreement, and so advises the Secretary of the Treas- ury and publishes this information in a notice in the Federal Register; (d) The modifications to the HTS made by section D(7) of the Annex to this proclamation shall be effec- tive with respect to goods entered, or withdrawn from warehouse for consumption, on and after the date an- nounced by the USTR in a notice published in the Fed- eral Register as the date on which other major coun- tries have afforded adequate entity coverage under the Agreement on Government Procurement annexed to the WTO Agreement; and (e) Section K of the Annex to this proclamation, pro- viding for a delay in implementation of the expansion of tariff-rate quotas of cheeses, applies during the pe- riod January 1, 1995, through June 30, 1995, unless the USTR determines that it is in the interest of the United States for any such delays to apply to a dif- ferent period and publishes notice of the determination and applicable period in the Federal Register. The USTR also is authorized to prorate over the applicable period any of the quantities that may be imported. (3) The USTR is authorized to exercise my authority under section 404(d)(3) [19 U.S.C. 3601(d)(3)] of the URAA to allocate the in-quota quantity of a tariff-rate quota for any agricultural product among supplying countries or customs areas and to modify any allocation as the USTR determines appropriate. (4) The Secretary of Agriculture is authorized to ex- ercise my authority to make determinations under sec- tion 405(a) of the URAA [19 U.S.C. 3602(a)] and to pub- lish those determinations in the Federal Register. (5) Effective January 1, 1995, in order to clarify that the additional duty provided for in subheadings 9903.23.00 through 9903.23.35, inclusive, of the HTS shall apply to new member states of the European Commu- nity, the superior text to those subheadings is modified as provided in the Annex to this proclamation. The USTR is authorized to alter the application of the in- creased duties imposed by Presidential Proclamation No. 5759 [102 Stat. 4942], as modified herein, by further modifying the superior text to those subheadings so that it reflects accurately all member states of the Eu- ropean Community or any successor organization. No- tice of any such modification shall be published in the Federal Register. (6) Whenever the rate of duty in the general sub- column of rates of duty column 1 of the HTS is reduced to ‘‘Free’’, all rates of duty set forth in the special sub- column of column 1 shall be deleted from the HTS. (7) The USTR, the Secretary of Agriculture, and the Secretary of the Treasury are authorized to exercise my authority under the statutes cited in this procla- mation to perform certain functions to implement this proclamation, as assigned to them in the Annex to this proclamation. (8) Paragraphs (1)–(4), (6), and (7) shall be effective on January 1, 1995, unless the USTR announces prior to that date that the WTO Agreement will not enter into force on that date. (9) All provisions of previous proclamations and Exec- utive orders that are inconsistent with the actions taken in this proclamation are superseded to the extent of such inconsistency. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third day of December, in the year of our Lord nineteen hundred and ninety-four, and of the Independence of the United States of America the two hundred and nineteenth. WILLIAM J. CLINTON. ANNEX The Annex of Proclamation 6763, which amended the Harmonized Tariff Schedule of the United States, is not set out under this section because the Harmonized Tar- iff Schedule is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under sec- tion 1202 of this title. PROC. NO. 6780. TO IMPLEMENT CERTAIN PROVISIONS OF TRADE AGREEMENTS RESULTING FROM URUGUAY ROUND OF MULTILATERAL TRADE NEGOTIATIONS, AND FOR OTHER PURPOSES Proc. No. 6780, Mar. 23, 1995, 60 F.R. 15845, provided: 1. On April 15, 1994, I entered into trade agreements resulting from the Uruguay Round of multilateral trade negotiations (‘‘the Uruguay Round Agreements’’). In section 101(a) of the Uruguay Round Agreements Act (‘‘the URAA’’) (Public Law 103–465; 108 Stat. 4814) (19 U.S.C. 3511(a)), the Congress approved the Uruguay Round Trade Agreements listed in section 101(d) of that Act. 2. Pursuant to section 101(b) of the URAA [19 U.S.C. 3511(b)], I decided to accept the Agreement Establishing the World Trade Organization (‘‘the WTO Agreement’’) on behalf of the United States, and I determined that the WTO Agreement entered into force for the United States on January 1, 1995. 3. (a) Sections 1102(a) and (e) of the Omnibus Trade and Competitiveness Act of 1988, as amended (‘‘the 1988 Page 861 TITLE 19—CUSTOMS DUTIES § 3511 Act’’) (19 U.S.C. 2902(a) and (e)), authorize the President to proclaim such modification or continuance of any existing duty, such continuance of existing duty-free or excise treatment, or such additional duties, as he deter- mines to be required or appropriate to carry out any trade agreement entered into under these sections. (b) Section 111(a) of the URAA (19 U.S.C. 3521(a)) au- thorizes the President to proclaim such other modifica- tion of any duty, such other staged rate reduction, or such other additional duties beyond those authorized by section 1102 of the 1988 Act (19 U.S.C. 2902) as the President determines to be necessary or appropriate to carry out Schedule XX—United States of America, an- nexed to the Marrakesh Protocol to the General Agree- ment on Tariffs and Trade 1994 (‘‘Schedule XX’’). (c) Section 103(a) of the URAA (19 U.S.C. 3513(a)) au- thorizes the President to proclaim such actions as may be necessary to ensure that any provision or amend- ment made by the URAA that takes effect on the date that any of the Uruguay Round Agreements enters into force with respect to the United States is appropriately implemented on such date. 4. Proclamation 6763 of December 23, 1994 [set out above], implemented the Uruguay Round Agreements, including Schedule XX, with respect to the United States; and incorporated in the Harmonized Tariff Schedule of the United States (‘‘the HTS’’) [see 19 U.S.C. 1202] tariff modifications necessary and appro- priate to carry out the Uruguay Round Agreements and certain conforming changes in rules of origin for the North American Free Trade Agreement (‘‘NAFTA’’). Certain technical errors, including inadvertent omis- sions, were made in that proclamation. I have deter- mined that it is necessary, to reflect accurately the in- tended tariff treatment provided for in the Uruguay Round Agreements and to ensure the continuation of the agreed NAFTA rules of origin, to modify certain provisions of the HTS, as set forth in the Annex to this proclamation. 5. (a) One of the Uruguay Round Agreements ap- proved by the Congress in sections 101(a) and 101(d) of the URAA (19 U.S.C. 3511(a) and (d)) is the Agreement on Trade-Related Aspects of Intellectual Property Rights (‘‘the TRIPs Agreement’’). (b) Section 104A of title 17, United States Code, as amended by section 514 of the URAA, provides for copy- right protection in restored works. Section 104A(h), as amended, provides that the date of restoration of a re- stored copyright shall be the date on which the TRIPs Agreement enters into forcewith [sic] respect to the United States, if the source country is a nation adher- ing to the Berne Convention or a World Trade Organi- zation (WTO) member on such date. (c) Article 65, paragraph 1, of the TRIPs Agreement provides that no WTO member shall be obliged to apply the provisions of this Agreement until one year after the date of entry into force of the WTO Agreement. The date of entry into force of the WTO Agreement with re- spect to the United States was January 1, 1995. (d) The statement of administrative action, approved by the Congress in section 101(a)(2) of the URAA (19 U.S.C. 3511(a)(2)), provides that, ‘‘in general, copyright will be restored on the date when the TRIPs Agree- ment’s obligations take effect for the United States.’’ (e) Accordingly, I have decided that it is necessary and appropriate, in order to implement the TRIPs Agreement and to ensure that section 514 of the URAA [amending sections 104A and 109 of Title 17, Copyrights] is appropriately implemented, to proclaim that the date on which the obligations of the TRIPs Agreement will take effect for the United States is January 1, 1996. 6. (a) Section 902(a)(2) of title 17, United States Code, authorizes the President to extend protection under chapter 9 of title 17, United States Code, to mask works of owners who are nationals, domiciliaries, or sovereign authorities of, and to mask works, which are first com- mercially exploited in, a foreign nation that grants United States mask work owners substantially the same protection that it grants its own nationals and domiciliaries, or that grants protection to such works on substantially the same basis as does chapter 9 of title 17, United States Code. (b) Australia, Canada, Japan, Switzerland, and the Member States of the European Community provide adequate and effective protection for mask works with- in the meaning of 17 U.S.C. 902(a)(2), and have been sub- ject to interim protection under 17 U.S.C. 914. Con- sequently, I find that these countries satisfy the re- quirements of 17 U.S.C. 902(a)(2), and are to be extended full protection under chapter 9 of title 17, United States Code, effective on July 1, 1995. (c) In addition, 17 U.S.C. 902(a)(1)(A)(ii) provides that mask work owners who are nationals, domiciliaries, or sovereign authorities of a foreign nation that is a party to a treaty affording protection to mask works to which the United States is also a party are eligible for protection under chapter 9 of title 17, United States Code. The TRIPs Agreement, which requires all WTO members to provide protection equivalent to that pro- vided under chapter 9 of title 17 on the basis of national treatment, is such an agreement. Because the United States is a member of the WTO and thus of the TRIPs Agreement, and because the TRIPs Agreement will be effective for the United States on January 1, 1996, all other WTO members will become eligible for full pro- tection under chapter 9 of title 17, United States Code, on January 1, 1996. 7. Section 491 of the Trade Agreements Act of 1979, as amended (‘‘the 1979 Act’’) (19 U.S.C. 2578), requires the President to designate an agency to be responsible for informing the public of the sanitary and phytosanitary standard-setting activities of each international stand- ard-setting organization. I have decided to designate the Department of Agriculture as the agency respon- sible for providing the public with this information. 8. (a) The March 24, 1994, Memorandum of Under- standing on the Results of the Uruguay Round Market Access Negotiations on Agriculture Between the United States of America and Argentina (‘‘the MOU’’), sub- mitted to the Congress along with the Uruguay Round Agreements, provides for ‘‘an appropriate certificate of origin’’ for imports of peanuts and peanut butter and peanut paste from Argentina. (b) Proclamation 6763 [set out above] proclaimed the Schedule XX tariff rate quotas for peanuts and peanut butter and peanut paste. However, that proclamation did not specify which agency should implement the MOU. (c) Section 404 of the URAA (19 U.S.C. 3601) requires the President to take such action as may be necessary to ensure that imports of agricultural products do not disrupt the orderly marketing of commodities in the United States. (d) Accordingly, I have decided to delegate to the United States Trade Representative (‘‘the USTR’’) my authority under section 404 of the URAA to implement the MOU, through such regulations as the USTR, or, at the direction of the USTR, other appropriate agencies, may issue. 9. Section 604 of the Trade Act of 1974, as amended (19 U.S.C. 2483) (‘‘the 1974 Act’’), authorizes the President to embody in the HTS the substance of the relevant provisions of that Act, of other Acts affecting import treatment, and actions thereunder, including the re- moval, modification, continuance, or imposition of any rate of duty or other import restriction. NOW, THEREFORE, I, WILLIAM J. CLINTON, Presi- dent of the United States of America, acting under the authority vested in me by the Constitution and the laws of the United States, including but not limited to section 301 of title 3, United States Code, section 902(a)(1) and (2) of title 17, United States Code, section 604 of the 1974 Act, as amended (19 U.S.C. 2483), section 491 of the 1979 Act, as amended (19 U.S.C. 2578), section 1102 of the 1988 Act, as amended (19 U.S.C. 2902), title I of the URAA (19 U.S.C. 3511–3551), and section 404 of the URAA (19 U.S.C. 3601), do hereby proclaim that: (1) To more completely implement the tariff treat- ment accorded under the Uruguay Round Agreements, the HTS is modified as set forth in the Annex to this proclamation. Page 862 TITLE 19—CUSTOMS DUTIES § 3512 (2) The obligations of the TRIPs Agreement shall enter into force for the United States on January 1, 1996. (3) Australia, Canada, Japan, Switzerland, and the Member States of the European Community shall be extended full protection under chapter 9 of title 17, United States Code, effective on July 1, 1995. In addi- tion, as of January 1, 1996, full protection under chapter 9 of title 17, United States Code, shall be extended to all WTO Members. (4) The Secretary of Agriculture is designated, under section 491 of the 1979 Act, as amended (19 U.S.C. 2578), as the official responsible for informing the public of the sanitary and phytosanitary standard-setting activi- ties of each international standard-setting organiza- tion. (5) The USTR is authorized to exercise my authority under section 404 of the URAA (19 U.S.C. 3601) to imple- ment the MOU with Argentina, through such regula- tions as the USTR, or, at the direction of the USTR, other appropriate agencies, may issue. (6) In order to make conforming changes and tech- nical corrections to certain HTS provisions, pursuant to actions taken in Proclamation 6763 [set out above], the HTS and Proclamation 6763 are modified as set forth in the Annex to this proclamation. (7) All provisions of previous proclamations and Exec- utive orders that are inconsistent with the actions taken in this proclamation are superseded to the extent of such inconsistency. (8) This proclamation shall be effective upon publica- tion in the Federal Register. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third day of March, in the year of our Lord nineteen hundred and ninety-five, and of the Inde- pendence of the United States of America the two hun- dred and nineteenth. WILLIAM J. CLINTON. ANNEX The Annex of Proclamation 6780, which amended the Harmonized Tariff Schedule of the United States, is not set out under this section because the Harmonized Tar- iff Schedule is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under sec- tion 1202 of this title. EX. ORD. NO. 13042. IMPLEMENTING FOR UNITED STATES ARTICLE VIII OF AGREEMENT ESTABLISHING WORLD TRADE ORGANIZATION CONCERNING LEGAL CAPACITY AND PRIVILEGES AND IMMUNITIES Ex. Ord. No. 13042, Apr. 9, 1997, 62 F.R. 18017, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 101(b) of the Uruguay Round Agreements Act (Public Law 103-465) [19 U.S.C. 3511(b)] and section 1 of the International Organizations Immu- nities Act (22 U.S.C. 288), I hereby implement for the United States the provisions of Article VIII of the Agreement Establishing the World Trade Organization. SECTION 1. The provisions of the Convention on the Privileges and Immunities of the Specialized Agencies (U.N. General Assembly Resolution 179 (II) of November 21, 1947, 33 U.N.T.S. 261) shall apply to the World Trade Organization, its officials, and the representatives of its members, provided: (1) sections 19(b) and 15, regard- ing immunity from taxation, and sections 13(d) and sec- tion 20, regarding immunity from national service obli- gations, shall not apply to U.S. nationals and aliens ad- mitted for permanent residence; (2) with respect to sec- tion 13(d) and section 19(c), regarding exemption from immigration restrictions and alien registration re- quirements, World Trade Organization officials and representatives of its members shall be entitled to the same, and no greater, privileges, exemptions, and im- munities as are accorded under similar circumstances to officers and employees of foreign governments, and members of their families; (3) with respect to section 9(a) regarding exemption from taxation, such exemp- tion shall not extend to taxes levied on real property, or that portion of real property, which is not used for the purposes of the World Trade Organization. The leas- ing or renting by the World Trade Organization of its property to another entity or person to generate rev- enue shall not be considered a use for the purposes of the World Trade Organization. Whether property or portions thereof are used for the purposes of the World Trade Organization shall be determined within the sole discretion of the Secretary of State or the Secretary’s designee; (4) with respect to section 25(2)(II) regarding approval of orders to leave the United States, ‘‘Foreign Minister’’ shall mean the Secretary of State or the Sec- retary’s designee. SEC. 2. In addition and without impairment to the protections extended above, having found that the World Trade Organization is a public international or- ganization in which the United States participates within the meaning of the International Organizations Immunities Act [22 U.S.C. 288 et seq.], I hereby des- ignate the World Trade Organization as a public inter- national organization entitled to enjoy the privileges, exemptions, and immunities conferred by that Act, ex- cept that section 6 of that Act [22 U.S.C. 288c], pro- viding exemption from property tax imposed by, or under the authority of, any Act of Congress, shall not extend to taxes levied on property, or that portion of property, that is not used for the purposes of the World Trade Organization. The leasing or renting by the World Trade Organization of its property to another en- tity or person to generate revenue shall not be consid- ered a use for the purposes of the World Trade Organi- zation. Whether property or portions thereof are used for the purposes of the World Trade Organization shall be determined within the sole discretion of the Sec- retary of State or the Secretary’s designee. This des- ignation is not intended to abridge in any respect privi- leges, exemptions, or immunities that the World Trade Organization otherwise enjoys or may acquire by inter- national agreements or by congressional action. WILLIAM J. CLINTON. ACCEPTANCE OF WTO AGREEMENT Memorandum of President of the United States, Dec. 23, 1994, 60 F.R. 1003, provided: Memorandum for the United States Trade Represent- ative Being advised that Canada, the European Commu- nity, Mexico, Japan, and other major trading countries have committed to acceptance of the Uruguay Round Agreements, I have determined that a sufficient num- ber of foreign countries are accepting the obligations of those Agreements, in accordance with article XIV of the Agreement Establishing the World Trade Organiza- tion (WTO Agreement), to ensure the effective oper- ation of, and adequate benefits for the United States under, those Agreements. Pursuant to section 101(b) of the Uruguay Round Agreements Act (Public Law 103–465; 108 Stat. 4809) [19 U.S.C. 3511(b)] and section 301 of title 3, United States Code, I hereby direct the United States Trade Rep- resentative, or his designee, to accept the Uruguay Round Agreements, as described in section 101(d) of that Act, on behalf of the United States in accordance with article XIV of the WTO Agreement. You are authorized and directed to publish this memorandum in the Federal Register. WILLIAM J. CLINTON. § 3512. Relationship of agreements to United States law and State law (a) Relationship of agreements to United States law (1) United States law to prevail in conflict No provision of any of the Uruguay Round Agreements, nor the application of any such provision to any person or circumstance, that