19 U.S.C. § 2514 — Expansion of the coverage of the Agree-

Page 737 TITLE 19—CUSTOMS DUTIES § 2514 1 See References in Text note below. lated articles of a country or instrumentality which is a party to the Agreement on Trade in Civil Aircraft referred to in section 2503(c) of this title and approved under section 2503(a) of this title. The President may modify or with- draw any waiver granted pursuant to this sec- tion. (Pub. L. 96–39, title III, § 303, July 26, 1979, 93 Stat. 238; Pub. L. 103–465, title III, § 342(a), Dec. 8, 1994, 108 Stat. 4953.) Editorial Notes CODIFICATION In text, ‘‘chapter 83 of title 41’’ substituted for ‘‘title III of the Act of March 3, 1933 (41 U.S.C. 10a et seq.), popularly referred to as the Buy American Act,’’ on au- thority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. AMENDMENTS 1994—Pub. L. 103–465 inserted ‘‘referred to in section 2503(c) of this title and approved under section 2503(a) of this title’’ after ‘‘Civil Aircraft’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–465 effective on the date on which the Agreement on Government Procurement, referred to in section 3511(d)(17) of this title, enters into force with respect to the United States (Jan. 1, 1995), see section 344(a) of Pub. L. 103–465, set out as a note under section 2512 of this title. EFFECTIVE DATE Section effective July 26, 1979, but authority of Presi- dent to grant waivers under this section effective on Jan. 1, 1980, see section 309 of Pub. L. 96–39, set out as a note under section 2511 of this title. Executive Documents DELEGATION OF FUNCTIONS Functions of President under this section delegated to United States Trade Representative, see section 1–103(b) of Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 990, set out as a note under section 2171 of this title. § 2514. Expansion of the coverage of the Agree- ment (a) Overall negotiating objective The President shall seek in the renegotiations provided for in article XXIV(7) of the Agreement more open and equitable market access abroad, and the harmonization, reduction, or elimi- nation of devices which distort trade or com- merce related to Government procurement, with the overall goal of maximizing the economic benefit to the United States through maintain- ing and enlarging foreign markets for products of United States agriculture, industry, mining, and commerce, the development of fair and equi- table market opportunities, and open and non- discriminatory world trade. In carrying out the provisions of this subsection, the President shall consider the assessment made in the report re- quired under section 2516(a) 1 of this title. (b) Sector negotiating objectives The President shall seek, consistent with the overall objective set forth in subsection (a) and to the maximum extent feasible, with respect to appropriate product sectors, competitive oppor- tunities for the export of United States products to the developed countries of the world equiva- lent to the competitive opportunities afforded by the United States, taking into account all barriers to, and other distortions of, inter- national trade affecting that sector. (c) Independent verification objective The President shall seek to establish in the re- negotiation provided for in article XXIV(7) of the Agreement a system for independent verification of information provided by parties to the Agreement to the Committee on Govern- ment Procurement pursuant to article XIX(5) of the Agreement. (d) Reports on negotiations (1) Report in the event of inadequate progress If, during the renegotiations of the Agree- ment, the President at any time determines that the renegotiations are not progressing satisfactorily and are not likely to result, within twelve months of the commencement thereof, in an expansion of the Agreement to cover purchases by the entities of the govern- ments of developed countries which are the principal purchasers of goods and equipment in appropriate product sectors, he shall so re- port to the congressional committees referred to in section 2512(c)(1) of this title. Taking into account the objectives set forth in sub- sections (a) and (b) of this section and the fac- tors required to be analyzed under section 2512(c) of this title, the President shall further report to such committees appropriate actions to seek reciprocity in such product sectors with such countries in the area of government procurement. (2) Legislative recommendations Taking into account the factors required to be analyzed under section 2512(c) of this title, the President may recommend to the Congress legislation (with respect to entities of the Government which are not covered by the Agreement) which may prohibit such entities from purchasing products of such countries. (3) Annual reports Each annual report of the President under section 163(a) of the Trade Act of 1974 [19 U.S.C. 2213(a)] made after July 26, 1979 shall re- port the actions, if any, the President deemed appropriate to establish reciprocity in appro- priate product sectors with major industrial countries in the area of government procure- ment. (e) Extension of nondiscrimination and national treatment Before exercising the waiver authority in sec- tion 2511 of this title for procurement not cov- ered by the Agreement on the date it enters into force with respect to the United States, the President shall follow the consultation provi- sions of section 135 [19 U.S.C. 2155] and chapter 6 of title I of the Trade Act of 1974 [19 U.S.C. 2211 et seq.] for private sector and congressional con- sultations. (Pub. L. 96–39, title III, § 304, July 26, 1979, 93 Stat. 238; Pub. L. 103–465, title III, § 342(b), Dec. Page 738 TITLE 19—CUSTOMS DUTIES § 2515 8, 1994, 108 Stat. 4953; Pub. L. 104–295, § 20(c)(11), Oct. 11, 1996, 110 Stat. 3528.) Editorial Notes REFERENCES IN TEXT Section 2516 of this title, referred to in subsec. (a), was repealed by Pub. L. 103–355, title VII, § 7206(c), Oct. 13, 1994, 108 Stat. 3382, and Pub. L. 103–465, title III, § 342(d), Dec. 8, 1994, 108 Stat. 4953. The Trade Act of 1974, referred to in subsec. (e), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978. Chapter 6 of title I of the Trade Act of 1974 is classified generally to part 6 of subchapter I (§ 2211 et seq.) of chapter 12 of this title. For complete classification of this Act to the Code, see References in Text note set out under section 2101 of this title and Tables. AMENDMENTS 1996—Subsec. (a). Pub. L. 104–295, § 20(c)(11)(A), struck out comma after ‘‘XXIV(7)’’. Subsec. (c). Pub. L. 104–295, § 20(c)(11)(B), struck out comma after ‘‘XXIV(7)’’ and ‘‘XIX(5)’’. 1994—Subsec. (a). Pub. L. 103–465, § 342(b)(1), sub- stituted ‘‘article XXIV(7)’’ for ‘‘part IX, paragraph 6’’. Subsec. (c). Pub. L. 103–465, § 342(b)(1), (2), substituted ‘‘article XXIV(7)’’ for ‘‘part IX, paragraph 6’’ and ‘‘arti- cle XIX(5)’’ for ‘‘part VI, paragraph 9’’. Subsec. (e). Pub. L. 103–465, § 342(b)(3), substituted ‘‘the date it enters into force with respect to the United States’’ for ‘‘July 26, 1979’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–465 effective on the date on which the Agreement on Government Procurement, referred to in section 3511(d)(17) of this title, enters into force with respect to the United States (Jan. 1, 1995), see section 344(a) of Pub. L. 103–465, set out as a note under section 2512 of this title. Executive Documents DELEGATION OF FUNCTIONS Functions of President under this section delegated to United States Trade Representative, see section 1–201 of Ex. Ord. No. 12260, Dec. 31, 1980, 46 F.R. 1653, set out as a note under section 2511 of this title. AGREEMENT ON GOVERNMENT PROCUREMENT: ENTRY INTO FORCE The Agreement on Government Procurement, as re- ferred to in section 3511(d)(17) 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. § 2515. Monitoring and enforcement (a) Monitoring and enforcement structure rec- ommendations In the preparation of the recommendations for the reorganization of trade functions, the Presi- dent shall ensure that careful consideration is given to monitoring and enforcing the require- ments of the Agreement and this subchapter, with particular regard to the tendering proce- dures required by the Agreement or otherwise agreed to by a country or instrumentality likely to be designated pursuant to section 2511(b) of this title. (b) Rules of origin (1) Advisory rulings and final determinations For the purposes of this subchapter, the Sec- retary of the Treasury shall provide for the prompt issuance of advisory rulings and final determinations on whether, under section 2518(4)(B) of this title, an article is or would be a product of a foreign country or instrumen- tality designated pursuant to section 2511(b) of this title. (2) Penalties for fraudulent conduct In addition to any other provisions of law which may be applicable, section 1001 of title 18 shall apply to fraudulent conduct with re- spect to the origin of products for purposes of qualifying for a waiver under section 2511 of this title or avoiding a prohibition under sec- tion 2512 of this title. (c) Report to Congress on rules of origin (1) Domestic administrative practices As soon as practicable after the close of the two-year period beginning on the date on which any waiver under section 2511(a) of this title first takes effect, the President shall pre- pare and transmit to Congress a report con- taining an evaluation of administrative prac- tices under any provision of law which re- quires determinations to be made of the coun- try of origin of goods, products, commodities, or other articles of commerce. Such evalua- tion shall be accompanied by the President’s recommendations for legislative and executive measures required to improve and simplify and to make more uniform and consistent such practices. Such evaluation and rec- ommendations shall take into account the special problems affecting insular possessions of the United States with respect to such prac- tices. (2) Foreign administrative practices The report required under paragraph (1) shall contain an evaluation of the administra- tive practices under the laws of each major in- dustrial country which require determinations to be made of the country of origin of goods, products, commodities, or other articles of commerce, including an assessment of such practices on the exports of the United States. (Pub. L. 96–39, title III, § 305, July 26, 1979, 93 Stat. 239; Pub. L. 100–418, title VII, § 7003, Aug. 23, 1988, 102 Stat. 1548; Pub. L. 103–465, title III, §§ 341, 342(c), 343(c), Dec. 8, 1994, 108 Stat. 4951, 4953, 4955; Pub. L. 104–295, § 20(c)(10), (13), Oct. 11, 1996, 110 Stat. 3528.) Editorial Notes AMENDMENTS 1996—Subsec. (d)(2)(B), (C). Pub. L. 104–295, § 20(c)(10), struck out ‘‘or’’ at end of subpar. (B) and substituted semicolon for period at end of subpar. (C). Subsec. (g)(1). Pub. L. 104–295, § 20(c)(13)(A), in intro- ductory provisions, substituted ‘‘of subsection (d)(2) of this section’’ for ‘‘of such subsection’’ and inserted ‘‘of subsection (d)(2) of this section’’ after ‘‘(as the case may be)’’. Subsec. (g)(3). Pub. L. 104–295, § 20(c)(13)(B), sub- stituted ‘‘eliminated the practices’’ for ‘‘eliminated the the practices’’ and inserted ‘‘of subsection (d)(2) of this section’’ after ‘‘(as the case may be)’’. 1994—Subsec. (d)(1). Pub. L. 103–465, § 342(c), sub- stituted ‘‘April 30 of each year,’’ for ‘‘April 30, 1990, and annually on April 30 thereafter,’’. Subsec. (d)(2)(D), (E). Pub. L. 103–465, § 341(c)(1), added subpars. (D) and (E) which read as follows: