19 U.S.C. § 3802 — Trade negotiating objectives

Page 911 TITLE 19—CUSTOMS DUTIES § 3802 ing the Trade Act of 2002 (the ‘‘Act’’) (Public Law 107–210) [see Short Title note above] and section 301 of title 3, United States Code, it is hereby ordered as fol- lows: SECTION 1. Trade Promotion. (a) Except as provided in subsections (b) and (c) of this section, the authorities granted to and functions specifically assigned to the President under Division B of the Act [19 U.S.C. 3801 et seq.] are delegated and assigned, respectively, to the United States Trade Representative (U.S. Trade Rep- resentative). (b) The exercise of the following authorities of, and functions specifically assigned to the President, under Division B of the Act are reserved to the President: (1) Section 2102(c)(1), (c)(6), (c)(10) and (e) of the Act [19 U.S.C. 3802(c)(1), (6), (10), (e)]; (2) Section 2103(a)(1), (a)(4), (a)(6), b(1) [(b)(1)], (c)(1)(B)(i), and (c)(2) of the Act [19 U.S.C. 3803(a)(1), (4), (6), (b)(1), (c)(1)(B)(i), (2)]; (3) Section 2105(a)(1)(A) and (C) of the Act [19 U.S.C. 3805(a)(1)(A), (C)]; and (4) Section 2108(b) of the Act [19 U.S.C. 3808(b)]. (c)(i) The Secretary of State, in consultation with the Secretary of Labor and the U.S. Trade Representative, shall carry out the functions of section 2102(c)(2) of the Act [19 U.S.C. 3802(c)(2)] with respect to establishing consultative mechanisms. The U.S. Trade Representa- tive, in consultation with the Secretary of State and the Secretary of Labor, shall carry out the reporting function under section 2102(c)(2). (ii) The Secretary of State, in consultation with the U.S. Trade Representative, shall carry out the func- tions under section 2102(c)(3) of the Act with respect to establishing consultative mechanisms, with the advice and assistance of the Secretary of the Interior, the Sec- retary of Health and Human Services, the Adminis- trator of the Environmental Protection Agency, the Secretary of Commerce and, as the Secretary of State determines appropriate, the heads of such other depart- ments and agencies. The U.S. Trade Representative, in consultation with the Secretary of State, shall carry out the reporting function under section 2103(c)(3) [19 U.S.C. 3803(c)(3)]. (iii) The U.S. Trade Representative shall carry out the functions under section 2102(c)(5) of the Act. The U.S. Trade Representative shall, in consultation with the Secretary of Labor, carry out the reporting func- tion and the function of making a report available under section 2102(c)(5). (iv) The Secretary of Labor shall carry out section 2102(c)(7) of the Act, in consultation with the Secretary of State. (v) The Secretary of Labor, in consultation with the Secretary of State and the U.S. Trade Representative, shall carry out the functions under section 2102(c)(8) and (c)(9). (vi) The Secretary of the Treasury shall carry out section 2102(c)(12) of the Act, including any appropriate consultations with the Congress relating thereto. SEC. 2. Andean Trade. (a) Except as provided in sub- section (b) of this section, the authorities granted and the functions specifically assigned to the President under Division C of the Act [see Short Title of 2002 Amendment note set out under section 3201 of this title] are delegated and assigned respectively, to the U.S. Trade Representative, in consultation with the Secretaries of State, Commerce, the Treasury, and Labor. (b) The exercise of the following authorities of, and functions specifically assigned to, the President under Division C of the Act are reserved to the President: (i) The authority to proclaim under sections 204(b)(1) and 204(b)(3)(B)(ii), and the authority to des- ignate beneficiary countries under section 204(b)(6)(B), of the Andean Trade Preference Act [19 U.S.C. 3203(b)(1), (3)(B)(ii), (6)(B)] as amended by sec- tion 3103(a)(2) of the Act; and (ii) The authority to make determinations under section 203(e)(1)(B) of the Andean Trade Preference Act [19 U.S.C. 3202(e)(1)(B)] as amended by section 3103(b) of the Act. (c) The head of the executive department of which the United States Customs Service is a part shall take such actions to carry out determinations and actions pursu- ant to the Andean Trade Preference Act, as amended [19 U.S.C. 3201 et seq.], as directed pursuant to the au- thority delegated to the U.S. Trade Representative under this order. SEC. 3. Guidance for Exercising Authority and Per- forming Duties. (a) Nothing in this order shall be con- strued to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative pro- posals. (b) In exercising authority delegated by, or per- forming functions assigned in, this order, and in per- forming duties related to the trade agreements pro- gram as defined in Executive Order 11846 [19 U.S.C. 2111 note], officers of the United States: (i) Shall ensure that all actions taken by them are consistent with the President’s constitutional au- thority to (A) conduct the foreign affairs of the United States, including the commencement, con- duct, and termination of negotiations with foreign countries and international organizations, (B) with- hold information the disclosure of which could impair the foreign relations, the national security, the delib- erative processes of the Executive, or the perform- ance of the Executive’s constitutional duties, (C) rec- ommend for congressional consideration such meas- ures as the President may judge necessary or expe- dient, and (D) supervise the unitary executive branch; (ii) May redelegate authority delegated by this order and may further assign functions assigned by this order to officers of any other department or agency within the executive branch to the extent per- mitted by law and such redelegation or further as- signment shall be published in the Federal Register; and (iii) Shall consult the Attorney General as appro- priate in implementing this subsection. SEC. 4. [Amended Ex. Ord. No. 11846, set out as a note under section 2111 of this title.] SEC. 5. Judicial Review. This order is intended only to improve the internal management of the Federal Gov- ernment and is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or equity by a party against the United States, its departments, agencies, instrumentalities or entities, its officers or employees, or any other person. GEORGE W. BUSH. § 3802. Trade negotiating objectives (a) Overall trade negotiating objectives The overall trade negotiating objectives of the United States for agreements subject to the pro- visions of section 3803 of this title are— (1) to obtain more open, equitable, and recip- rocal market access; (2) to obtain the reduction or elimination of barriers and distortions that are directly re- lated to trade and that decrease market oppor- tunities for United States exports or otherwise distort United States trade; (3) to further strengthen the system of inter- national trading disciplines and procedures, including dispute settlement; (4) to foster economic growth, raise living standards, and promote full employment in the United States and to enhance the global economy; (5) to ensure that trade and environmental policies are mutually supportive and to seek to protect and preserve the environment and enhance the international means of doing so, while optimizing the use of the world’s re- sources; Page 912 TITLE 19—CUSTOMS DUTIES § 3802 (6) to promote respect for worker rights and the rights of children consistent with core labor standards of the ILO (as defined in sec- tion 3813(6) of this title) and an understanding of the relationship between trade and worker rights; (7) to seek provisions in trade agreements under which parties to those agreements strive to ensure that they do not weaken or re- duce the protections afforded in domestic en- vironmental and labor laws as an encourage- ment for trade; (8) to ensure that trade agreements afford small businesses equal access to international markets, equitable trade benefits, and ex- panded export market opportunities, and pro- vide for the reduction or elimination of trade barriers that disproportionately impact small businesses; and (9) to promote universal ratification and full compliance with ILO Convention No. 182 Con- cerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor. (b) Principal trade negotiating objectives (1) Trade barriers and distortions The principal negotiating objectives of the United States regarding trade barriers and other trade distortions are— (A) to expand competitive market opportu- nities for United States exports and to ob- tain fairer and more open conditions of trade by reducing or eliminating tariff and non- tariff barriers and policies and practices of foreign governments directly related to trade that decrease market opportunities for United States exports or otherwise distort United States trade; and (B) to obtain reciprocal tariff and nontariff barrier elimination agreements, with par- ticular attention to those tariff categories covered in section 3521(b) of this title. (2) Trade in services The principal negotiating objective of the United States regarding trade in services is to reduce or eliminate barriers to international trade in services, including regulatory and other barriers that deny national treatment and market access or unreasonably restrict the establishment or operations of service sup- pliers. (3) Foreign investment Recognizing that United States law on the whole provides a high level of protection for investment, consistent with or greater than the level required by international law, the principal negotiating objectives of the United States regarding foreign investment are to re- duce or eliminate artificial or trade-distorting barriers to foreign investment, while ensuring that foreign investors in the United States are not accorded greater substantive rights with respect to investment protections than United States investors in the United States, and to secure for investors important rights com- parable to those that would be available under United States legal principles and practice, by— (A) reducing or eliminating exceptions to the principle of national treatment; (B) freeing the transfer of funds relating to investments; (C) reducing or eliminating performance requirements, forced technology transfers, and other unreasonable barriers to the es- tablishment and operation of investments; (D) seeking to establish standards for ex- propriation and compensation for expropria- tion, consistent with United States legal principles and practice; (E) seeking to establish standards for fair and equitable treatment consistent with United States legal principles and practice, including the principle of due process; (F) providing meaningful procedures for resolving investment disputes; (G) seeking to improve mechanisms used to resolve disputes between an investor and a government through— (i) mechanisms to eliminate frivolous claims and to deter the filing of frivolous claims; (ii) procedures to ensure the efficient se- lection of arbitrators and the expeditious disposition of claims; (iii) procedures to enhance opportunities for public input into the formulation of government positions; and (iv) providing for an appellate body or similar mechanism to provide coherence to the interpretations of investment provi- sions in trade agreements; and (H) ensuring the fullest measure of trans- parency in the dispute settlement mecha- nism, to the extent consistent with the need to protect information that is classified or business confidential, by— (i) ensuring that all requests for dispute settlement are promptly made public; (ii) ensuring that— (I) all proceedings, submissions, find- ings, and decisions are promptly made public; and (II) all hearings are open to the public; and (iii) establishing a mechanism for ac- ceptance of amicus curiae submissions from businesses, unions, and nongovern- mental organizations. (4) Intellectual property The principal negotiating objectives of the United States regarding trade-related intellec- tual property are— (A) to further promote adequate and effec- tive protection of intellectual property rights, including through— (i)(I) ensuring accelerated and full imple- mentation of the Agreement on Trade-Re- lated Aspects of Intellectual Property Rights referred to in section 3511(d)(15) of this title, particularly with respect to meeting enforcement obligations under that agreement; and (II) ensuring that the provisions of any multilateral or bilateral trade agreement governing intellectual property rights that is entered into by the United States reflect a standard of protection similar to that found in United States law; Page 913 TITLE 19—CUSTOMS DUTIES § 3802 (ii) providing strong protection for new and emerging technologies and new meth- ods of transmitting and distributing prod- ucts embodying intellectual property; (iii) preventing or eliminating discrimi- nation with respect to matters affecting the availability, acquisition, scope, main- tenance, use, and enforcement of intellec- tual property rights; (iv) ensuring that standards of protec- tion and enforcement keep pace with tech- nological developments, and in particular ensuring that rightholders have the legal and technological means to control the use of their works through the Internet and other global communication media, and to prevent the unauthorized use of their works; and (v) providing strong enforcement of in- tellectual property rights, including through accessible, expeditious, and effec- tive civil, administrative, and criminal en- forcement mechanisms; (B) to secure fair, equitable, and non- discriminatory market access opportunities for United States persons that rely upon in- tellectual property protection; and (C) to respect the Declaration on the TRIPS Agreement and Public Health, adopt- ed by the World Trade Organization at the Fourth Ministerial Conference at Doha, Qatar on November 14, 2001. (5) Transparency The principal negotiating objective of the United States with respect to transparency is to obtain wider and broader application of the principle of transparency through— (A) increased and more timely public ac- cess to information regarding trade issues and the activities of international trade in- stitutions; (B) increased openness at the WTO and other international trade fora by increasing public access to appropriate meetings, pro- ceedings, and submissions, including with regard to dispute settlement and invest- ment; and (C) increased and more timely public ac- cess to all notifications and supporting doc- umentation submitted by parties to the WTO. (6) Anti-corruption The principal negotiating objectives of the United States with respect to the use of money or other things of value to influence acts, decisions, or omissions of foreign govern- ments or officials or to secure any improper advantage in a manner affecting trade are— (A) to obtain high standards and appro- priate domestic enforcement mechanisms applicable to persons from all countries par- ticipating in the applicable trade agreement that prohibit such attempts to influence acts, decisions, or omissions of foreign gov- ernments; and (B) to ensure that such standards do not place United States persons at a competitive disadvantage in international trade. (7) Improvement of the WTO and multilateral trade agreements The principal negotiating objectives of the United States regarding the improvement of the World Trade Organization, the Uruguay Round Agreements, and other multilateral and bilateral trade agreements are— (A) to achieve full implementation and ex- tend the coverage of the World Trade Orga- nization and such agreements to products, sectors, and conditions of trade not ade- quately covered; and (B) to expand country participation in and enhancement of the Information Technology Agreement and other trade agreements. (8) Regulatory practices The principal negotiating objectives of the United States regarding the use of government regulation or other practices by foreign gov- ernments to provide a competitive advantage to their domestic producers, service providers, or investors and thereby reduce market access for United States goods, services, and invest- ments are— (A) to achieve increased transparency and opportunity for the participation of affected parties in the development of regulations; (B) to require that proposed regulations be based on sound science, cost-benefit anal- ysis, risk assessment, or other objective evi- dence; (C) to establish consultative mechanisms among parties to trade agreements to pro- mote increased transparency in developing guidelines, rules, regulations, and laws for government procurement and other regu- latory regimes; and (D) to achieve the elimination of govern- ment measures such as price controls and reference pricing which deny full market ac- cess for United States products. (9) Electronic commerce The principal negotiating objectives of the United States with respect to electronic com- merce are— (A) to ensure that current obligations, rules, disciplines, and commitments under the World Trade Organization apply to elec- tronic commerce; (B) to ensure that— (i) electronically delivered goods and services receive no less favorable treat- ment under trade rules and commitments than like products delivered in physical form; and (ii) the classification of such goods and services ensures the most liberal trade treatment possible; (C) to ensure that governments refrain from implementing trade-related measures that impede electronic commerce; (D) where legitimate policy objectives re- quire domestic regulations that affect elec- tronic commerce, to obtain commitments that any such regulations are the least re- strictive on trade, nondiscriminatory, and transparent, and promote an open market environment; and (E) to extend the moratorium of the World Trade Organization on duties on electronic transmissions. Page 914 TITLE 19—CUSTOMS DUTIES § 3802 (10) Reciprocal trade in agriculture (A) The principal negotiating objective of the United States with respect to agriculture is to obtain competitive opportunities for United States exports of agricultural commod- ities in foreign markets substantially equiva- lent to the competitive opportunities afforded foreign exports in United States markets and to achieve fairer and more open conditions of trade in bulk, specialty crop, and value-added commodities by— (i) reducing or eliminating, by a date cer- tain, tariffs or other charges that decrease market opportunities for United States ex- ports— (I) giving priority to those products that are subject to significantly higher tariffs or subsidy regimes of major producing countries; and (II) providing reasonable adjustment pe- riods for United States import-sensitive products, in close consultation with the Congress on such products before initi- ating tariff reduction negotiations; (ii) reducing tariffs to levels that are the same as or lower than those in the United States; (iii) reducing or eliminating subsidies that decrease market opportunities for United States exports or unfairly distort agri- culture markets to the detriment of the United States; (iv) allowing the preservation of programs that support family farms and rural commu- nities but do not distort trade; (v) developing disciplines for domestic sup- port programs, so that production that is in excess of domestic food security needs is sold at world prices; (vi) eliminating government policies that create price-depressing surpluses; (vii) eliminating state trading enterprises whenever possible; (viii) developing, strengthening, and clari- fying rules and effective dispute settlement mechanisms to eliminate practices that un- fairly decrease United States market access opportunities or distort agricultural mar- kets to the detriment of the United States, particularly with respect to import-sensitive products, including— (I) unfair or trade-distorting activities of state trading enterprises and other admin- istrative mechanisms, with emphasis on requiring price transparency in the oper- ation of state trading enterprises and such other mechanisms in order to end cross subsidization, price discrimination, and price undercutting; (II) unjustified trade restrictions or com- mercial requirements, such as labeling, that affect new technologies, including biotechnology; (III) unjustified sanitary or phytosanitary restrictions, including those not based on scientific principles in con- travention of the Uruguay Round Agree- ments; (IV) other unjustified technical barriers to trade; and (V) restrictive rules in the administra- tion of tariff rate quotas; (ix) eliminating practices that adversely affect trade in perishable or cyclical prod- ucts, while improving import relief mecha- nisms to recognize the unique characteris- tics of perishable and cyclical agriculture; (x) ensuring that import relief mechanisms for perishable and cyclical agriculture are as accessible and timely to growers in the United States as those mechanisms that are used by other countries; (xi) taking into account whether a party to the negotiations has failed to adhere to the provisions of already existing trade agreements with the United States or has circumvented obligations under those agree- ments; (xii) taking into account whether a prod- uct is subject to market distortions by rea- son of a failure of a major producing country to adhere to the provisions of already exist- ing trade agreements with the United States or by the circumvention by that country of its obligations under those agreements; (xiii) otherwise ensuring that countries that accede to the World Trade Organization have made meaningful market liberalization commitments in agriculture; (xiv) taking into account the impact that agreements covering agriculture to which the United States is a party, including the North American Free Trade Agreement, have on the United States agricultural in- dustry; (xv) maintaining bona fide food assistance programs and preserving United States mar- ket development and export credit pro- grams; and (xvi) striving to complete a general multi- lateral round in the World Trade Organiza- tion by January 1, 2005, and seeking the broadest market access possible in multilat- eral, regional, and bilateral negotiations, recognizing the effect that simultaneous sets of negotiations may have on United States import-sensitive commodities (in- cluding those subject to tariff-rate quotas). (B)(i) Before commencing negotiations with respect to agriculture, the United States Trade Representative, in consultation with the Congress, shall seek to develop a position on the treatment of seasonal and perishable agricultural products to be employed in the negotiations in order to develop an inter- national consensus on the treatment of sea- sonal or perishable agricultural products in in- vestigations relating to dumping and safe- guards and in any other relevant area. (ii) During any negotiations on agricultural subsidies, the United States Trade Representa- tive shall seek to establish the common base year for calculating the Aggregated Measure- ment of Support (as defined in the Agreement on Agriculture) as the end of each country’s Uruguay Round implementation period, as re- ported in each country’s Uruguay Round mar- ket access schedule. (iii) The negotiating objective provided in subparagraph (A) applies with respect to agri- Page 915 TITLE 19—CUSTOMS DUTIES § 3802 cultural matters to be addressed in any trade agreement entered into under section 3803(a) or (b) of this title, including any trade agree- ment entered into under section 3803(a) or (b) of this title that provides for accession to a trade agreement to which the United States is already a party, such as the North American Free Trade Agreement and the United States- Canada Free Trade Agreement. (11) Labor and the environment The principal negotiating objectives of the United States with respect to labor and the environment are— (A) to ensure that a party to a trade agree- ment with the United States does not fail to effectively enforce its environmental or labor laws, through a sustained or recurring course of action or inaction, in a manner af- fecting trade between the United States and that party after entry into force of a trade agreement between those countries; (B) to recognize that parties to a trade agreement retain the right to exercise dis- cretion with respect to investigatory, pros- ecutorial, regulatory, and compliance mat- ters and to make decisions regarding the al- location of resources to enforcement with respect to other labor or environmental matters determined to have higher prior- ities, and to recognize that a country is ef- fectively enforcing its laws if a course of ac- tion or inaction reflects a reasonable exer- cise of such discretion, or results from a bona fide decision regarding the allocation of resources, and no retaliation may be au- thorized based on the exercise of these rights or the right to establish domestic labor standards and levels of environmental pro- tection; (C) to strengthen the capacity of United States trading partners to promote respect for core labor standards (as defined in sec- tion 3813(6) of this title); (D) to strengthen the capacity of United States trading partners to protect the envi- ronment through the promotion of sustain- able development; (E) to reduce or eliminate government practices or policies that unduly threaten sustainable development; (F) to seek market access, through the elimination of tariffs and nontariff barriers, for United States environmental tech- nologies, goods, and services; and (G) to ensure that labor, environmental, health, or safety policies and practices of the parties to trade agreements with the United States do not arbitrarily or unjustifiably discriminate against United States exports or serve as disguised barriers to trade. (12) Dispute settlement and enforcement The principal negotiating objectives of the United States with respect to dispute settle- ment and enforcement of trade agreements are— (A) to seek provisions in trade agreements providing for resolution of disputes between governments under those trade agreements in an effective, timely, transparent, equi- table, and reasoned manner, requiring deter- minations based on facts and the principles of the agreements, with the goal of increas- ing compliance with the agreements; (B) to seek to strengthen the capacity of the Trade Policy Review Mechanism of the World Trade Organization to review compli- ance with commitments; (C) to seek adherence by panels convened under the Dispute Settlement Understanding and by the Appellate Body to the standard of review applicable under the Uruguay Round Agreement involved in the dispute, includ- ing greater deference, where appropriate, to the fact-finding and technical expertise of national investigating authorities; (D) to seek provisions encouraging the early identification and settlement of dis- putes through consultation; (E) to seek provisions to encourage the provision of trade-expanding compensation if a party to a dispute under the agreement does not come into compliance with its obli- gations under the agreement; (F) to seek provisions to impose a penalty upon a party to a dispute under the agree- ment that— (i) encourages compliance with the obli- gations of the agreement; (ii) is appropriate to the parties, nature, subject matter, and scope of the violation; and (iii) has the aim of not adversely affect- ing parties or interests not party to the dispute while maintaining the effective- ness of the enforcement mechanism; and (G) to seek provisions that treat United States principal negotiating objectives equally with respect to— (i) the ability to resort to dispute settle- ment under the applicable agreement; (ii) the availability of equivalent dispute settlement procedures; and (iii) the availability of equivalent rem- edies. (13) WTO extended negotiations The principal negotiating objectives of the United States regarding trade in civil aircraft are those set forth in section 3555(c) of this title and regarding rules of origin are the con- clusion of an agreement described in section 3552 of this title. (14) Trade remedy laws The principal negotiating objectives of the United States with respect to trade remedy laws are— (A) to preserve the ability of the United States to enforce rigorously its trade laws, including the antidumping, countervailing duty, and safeguard laws, and avoid agree- ments that lessen the effectiveness of do- mestic and international disciplines on un- fair trade, especially dumping and subsidies, or that lessen the effectiveness of domestic and international safeguard provisions, in order to ensure that United States workers, agricultural producers, and firms can com- pete fully on fair terms and enjoy the bene- fits of reciprocal trade concessions; and Page 916 TITLE 19—CUSTOMS DUTIES § 3802 (B) to address and remedy market distor- tions that lead to dumping and subsidiza- tion, including overcapacity, cartelization, and market-access barriers. (15) Border taxes The principal negotiating objective of the United States regarding border taxes is to ob- tain a revision of the WTO rules with respect to the treatment of border adjustments for in- ternal taxes to redress the disadvantage to countries relying primarily on direct taxes for revenue rather than indirect taxes. (16) Textile negotiations The principal negotiating objectives of the United States with respect to trade in textiles and apparel articles are to obtain competitive opportunities for United States exports of tex- tiles and apparel in foreign markets substan- tially equivalent to the competitive opportu- nities afforded foreign exports in United States markets and to achieve fairer and more open conditions of trade in textiles and ap- parel. (17) Worst forms of child labor The principal negotiating objective of the United States with respect to the trade-re- lated aspects of the worst forms of child labor are to seek commitments by parties to trade agreements to vigorously enforce their own laws prohibiting the worst forms of child labor. (c) Promotion of certain priorities In order to address and maintain United States competitiveness in the global economy, the President shall— (1) seek greater cooperation between the WTO and the ILO; (2) seek to establish consultative mecha- nisms among parties to trade agreements to strengthen the capacity of United States trad- ing partners to promote respect for core labor standards (as defined in section 3813(6) of this title) and to promote compliance with ILO Convention No. 182 Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor, and report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate on the content and operation of such mechanisms; (3) seek to establish consultative mecha- nisms among parties to trade agreements to strengthen the capacity of United States trad- ing partners to develop and implement stand- ards for the protection of the environment and human health based on sound science, and re- port to the Committee on Ways and Means of the House of Representatives and the Com- mittee on Finance of the Senate on the con- tent and operation of such mechanisms; (4) conduct environmental reviews of future trade and investment agreements, consistent with Executive Order 13141 of November 16, 1999, and its relevant guidelines, and report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate on such reviews; (5) review the impact of future trade agree- ments on United States employment, includ- ing labor markets, modeled after Executive Order 13141 to the extent appropriate in estab- lishing procedures and criteria, report to the Committee on Ways and Means of the House of Representatives and the Committee on Fi- nance of the Senate on such review, and make that report available to the public; (6) take into account other legitimate United States domestic objectives including, but not limited to, the protection of legiti- mate health or safety, essential security, and consumer interests and the law and regula- tions related thereto; (7) direct the Secretary of Labor to consult with any country seeking a trade agreement with the United States concerning that coun- try’s labor laws and provide technical assist- ance to that country if needed; (8) in connection with any trade negotia- tions entered into under this chapter, submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a meaningful labor rights report of the country, or countries, with respect to which the President is negotiating, on a time frame determined in accordance with section 3807(b)(2)(E) of this title; (9) with respect to any trade agreement which the President seeks to implement under trade authorities procedures, submit to the Congress a report describing the extent to which the country or countries that are par- ties to the agreement have in effect laws gov- erning exploitative child labor; (10) continue to promote consideration of multilateral environmental agreements and consult with parties to such agreements re- garding the consistency of any such agree- ment that includes trade measures with exist- ing environmental exceptions under Article XX of the GATT 1994; (11) report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, not later than 12 months after the imposition of a pen- alty or remedy by the United States permitted by a trade agreement to which this chapter ap- plies, on the effectiveness of the penalty or remedy applied under United States law in en- forcing United States rights under the trade agreement; and (12) seek to establish consultative mecha- nisms among parties to trade agreements to examine the trade consequences of significant and unanticipated currency movements and to scrutinize whether a foreign government is en- gaged in a pattern of manipulating its cur- rency to promote a competitive advantage in international trade. The report under paragraph (11) shall address whether the penalty or remedy was effective in changing the behavior of the targeted party and whether the penalty or remedy had any adverse impact on parties or interests not party to the dispute. (d) Consultations (1) Consultations with congressional advisers In the course of negotiations conducted under this chapter, the United States Trade Representative shall consult closely and on a Page 917 TITLE 19—CUSTOMS DUTIES § 3803 timely basis with, and keep fully apprised of the negotiations, the Congressional Oversight Group convened under section 3807 of this title and all committees of the House of Represent- atives and the Senate with jurisdiction over laws that would be affected by a trade agree- ment resulting from the negotiations. (2) Consultation before agreement initialed In the course of negotiations conducted under this chapter, the United States Trade Representative shall— (A) consult closely and on a timely basis (including immediately before initialing an agreement) with, and keep fully apprised of the negotiations, the congressional advisers for trade policy and negotiations appointed under section 2211 of this title, the Com- mittee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and the Congressional Over- sight Group convened under section 3807 of this title; and (B) with regard to any negotiations and agreement relating to agricultural trade, also consult closely and on a timely basis (including immediately before initialing an agreement) with, and keep fully apprised of the negotiations, the Committee on Agri- culture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. (e) Adherence to obligations under Uruguay Round Agreements In determining whether to enter into negotia- tions with a particular country, the President shall take into account the extent to which that country has implemented, or has accelerated the implementation of, its obligations under the Uruguay Round Agreements. (Pub. L. 107–210, div. B, title XXI, § 2102, Aug. 6, 2002, 116 Stat. 994; Pub. L. 108–429, title II, § 2004(a)(16), Dec. 3, 2004, 118 Stat. 2591.) Editorial Notes REFERENCES IN TEXT Executive Order 13141, referred to in subsec. (c)(4) and (5), is set out as a note under section 2112 of this title. This chapter, referred to in subsec. (c)(8), was in the original ‘‘this title’’, meaning title XXI of Pub. L. 107–210, div. B, Aug. 6, 2002, 116 Stat. 993, which enacted this chapter and amended sections 2151 to 2155, 2191, and 2212 of this title. For complete classification of title XXI to the Code, see Tables. AMENDMENTS 2004—Subsec. (c)(8). Pub. L. 108–429, § 2004(a)(16)(A), substituted ‘‘this chapter’’ for ‘‘this Act’’. Subsec. (c)(12). Pub. L. 108–429, § 2004(a)(16)(B), sub- stituted ‘‘government is engaged’’ for ‘‘government en- gaged’’. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see section 1 of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under section 3801 of this title. § 3803. Trade agreements authority (a) Agreements regarding tariff barriers (1) In general Whenever the President determines that one or more existing duties or other import re- strictions of any foreign country or the United States are unduly burdening and restricting the foreign trade of the United States and that the purposes, policies, priorities, and objec- tives of this chapter will be promoted thereby, the President— (A) may enter into trade agreements with foreign countries before— (i) July 1, 2005; or (ii) July 1, 2007, if trade authorities pro- cedures are extended under subsection (c); and (B) may, subject to paragraphs (2) and (3), proclaim— (i) such modification or continuance of any existing duty, (ii) such continuance of existing duty- free or excise treatment, or (iii) such additional duties, as the President determines to be required or appropriate to carry out any such trade agreement. The President shall notify the Congress of the President’s intention to enter into an agree- ment under this subsection. (2) Limitations No proclamation may be made under para- graph (1) that— (A) reduces any rate of duty (other than a rate of duty that does not exceed 5 percent ad valorem on August 6, 2002) to a rate of duty which is less than 50 percent of the rate of such duty that applies on August 6, 2002; (B) reduces the rate of duty below that ap- plicable under the Uruguay Round Agree- ments, on any import sensitive agricultural product; or (C) increases any rate of duty above the rate that applied on August 6, 2002. (3) Aggregate reduction; exemption from stag- ing (A) Aggregate reduction Except as provided in subparagraph (B), the aggregate reduction in the rate of duty on any article which is in effect on any day pursuant to a trade agreement entered into under paragraph (1) shall not exceed the ag- gregate reduction which would have been in effect on such day if— (i) a reduction of 3 percent ad valorem or a reduction of one-tenth of the total reduc- tion, whichever is greater, had taken ef- fect on the effective date of the first reduc- tion proclaimed under paragraph (1) to carry out such agreement with respect to such article; and (ii) a reduction equal to the amount ap- plicable under clause (i) had taken effect at 1-year intervals after the effective date of such first reduction. (B) Exemption from staging No staging is required under subparagraph (A) with respect to a duty reduction that is