19 U.S.C. § 2114b — Provisions relating to international

Page 511 TITLE 19—CUSTOMS DUTIES § 2114b into account legitimate United States domes- tic objectives including, but not limited to, the protection of legitimate health or safety, essential security, environmental, consumer or employment opportunity interests and the laws and regulations related thereto. (b) Foreign direct investment (1) In general Principal United States negotiating objec- tives under section 2112 of this title shall be— (A) to reduce or to eliminate artificial or trade-distorting barriers to foreign direct in- vestment, to expand the principle of na- tional treatment, and to reduce unreason- able barriers to establishment; and (B) to develop internationally agreed rules, including dispute settlement proce- dures, which— (i) will help ensure a free flow of foreign direct investment, and (ii) will reduce or eliminate the trade distortive effects of certain investment re- lated measures. (2) Domestic objectives In pursuing the objectives described in para- graph (1), United States negotiators shall take into account legitimate United States domes- tic objectives including, but not limited to, the protection of legitimate health or safety, essential security, environmental, consumer or employment opportunity interests and the laws and regulations related thereto. (c) High technology products Principal United States negotiating objectives shall be— (1) to obtain and preserve the maximum openness with respect to international trade and investment in high technology products and related services; (2) to obtain the elimination or reduction of, or compensation for, the significantly dis- torting effects of foreign government acts, policies, or practices identified in section 2241 of this title, with particular consideration given to the nature and extent of foreign gov- ernment intervention affecting United States exports of high technology products or invest- ments in high technology industries, includ- ing— (A) foreign industrial policies which dis- tort international trade or investment; (B) measures which deny national treat- ment or otherwise discriminate in favor of domestic high technology industries; (C) measures which fail to provide ade- quate and effective means for foreign nation- als to secure, exercise, and enforce exclusive rights in intellectual property (including trademarks, patents, and copyrights); (D) measures which impair access to do- mestic markets for key commodity prod- ucts; and (E) measures which facilitate or encourage anticompetitive market practices or struc- tures; (3) to obtain commitments that official pol- icy of foreign countries or instrumentalities will not discourage government or private pro- curement of foreign high technology products and related services; (4) to obtain the reduction or elimination of all tariffs on, and other barriers to, United States exports of high technology products and related services; (5) to obtain commitments to foster national treatment; (6) to obtain commitments to— (A) foster the pursuit of joint scientific co- operation between companies, institutions or governmental entities of the United States and those of the trading partners of the United States in areas of mutual inter- est through such measures as financial par- ticipation and technical and personnel ex- changes, and (B) ensure that access by all participants to the results of any such cooperative efforts should not be impaired; and (7) to provide effective minimum safeguards for the acquisition and enforcement of intel- lectual property rights and the property value of proprietary data. (d) Definition of barriers and other distortions For purposes of subsection (a), the term ‘‘bar- riers to, or other distortions of, international trade in services’’ includes, but is not limited to— (1) barriers to establishment in foreign mar- kets, and (2) restrictions on the operation of enter- prises in foreign markets, including— (A) direct or indirect restrictions on the transfer of information into, or out of, the country or instrumentality concerned, and (B) restrictions on the use of data proc- essing facilities within or outside of such country or instrumentality. (Pub. L. 93–618, title I, § 104A, as added Pub. L. 98–573, title III, § 305(a)(1), Oct. 30, 1984, 98 Stat. 3006.) § 2114b. Provisions relating to international trade in services (1) The Secretary of Commerce shall establish a service industries development program de- signed to— (A) develop, in consultation with other Fed- eral agencies as appropriate, policies regard- ing services that are designed to increase the competitiveness of United States service in- dustries in foreign commerce; (B) develop a data base for assessing the ade- quacy of Government policies and actions per- taining to services, including, but not limited to, data on trade, both aggregate and per- taining to individual service industries; (C) collect and analyze, in consultation with appropriate agencies, information pertaining to the international operations and competi- tiveness of United States service industries, including information with respect to— (i) policies of foreign governments toward foreign and United States service industries; (ii) Federal, State, and local regulation of both foreign and United States suppliers of services, and the effect of such regulation on trade; Page 512 TITLE 19—CUSTOMS DUTIES § 2114c 1 So in original. Probably should be ‘‘Representative’’. 2 See Codification note below. (iii) the adequacy of current United States policies to strengthen the competitiveness of United States service industries in foreign commerce, including export promotion ac- tivities in the service sector; (iv) tax treatment of services, with par- ticular emphasis on the effect of United States taxation on the international com- petitiveness of United States firms and ex- ports; (v) treatment of services under inter- national agreements of the United States; (vi) antitrust policies as such policies af- fect the competitiveness of United States firms; and (vii) treatment of services in international agreements of the United States; (D) conduct a program of research and anal- ysis of service-related issues and problems, in- cluding forecasts and industrial strategies; and (E) conduct sectoral studies of domestic service industries. (2) For purposes of the collection and analysis required by paragraph (1), and for the purpose of any reporting the Department of Commerce makes under paragraph (3), such collection and reporting shall distinguish between income from investment and income from noninvestment services. (3) On not less than a biennial basis beginning in 1986, the Secretary shall prepare a report which analyzes the information collected under paragraph (1). Such report shall be submitted to the Congress and to the President by not later than the date that is 120 days after the close of the period covered by the report. (4) The Secretary of Commerce shall carry out the provisions of this subsection from funds oth- erwise made available to him which may be used for such purposes. (5) For purposes of this section, the term ‘‘services’’ means economic activities whose outputs are other than tangible goods. Such term includes, but is not limited to, banking, in- surance, transportation, postal and delivery services, communications and data processing, retail and wholesale trade, advertising, account- ing, construction, design and engineering, man- agement consulting, real estate, professional services, entertainment, education, health care, and tourism. (Pub. L. 98–573, title III, § 306(a), Oct. 30, 1984, 98 Stat. 3008; Pub. L. 105–277, div. A, § 101(h) [title VI, § 633(c)], Oct. 21, 1998, 112 Stat. 2681–480, 2681–524.) Editorial Notes CODIFICATION Section was enacted as part of the International Trade and Investment Act, and also as part of the Trade and Tariff Act of 1984, and not as part of the Trade Act of 1974 which comprises this chapter. Section is comprised of subsec. (a) of section 306 of Pub. L. 98–573. Subsec. (b) of such section amended sec- tions 3101, 3103, and 3104 and a provision set out as a note under section 3101 of Title 22, Foreign Relations and Intercourse; subsec. (c)(1), (2)(A) of such section is classified to section 2114c of this title; and subsec. (c)(2)(B), (C) of such section amended sections 2114, 2155, 2413, and 2414 of this title. AMENDMENTS 1998—Par. (5). Pub. L. 105–277, which directed the amendment of par. (5) by inserting ‘‘postal and delivery services,’’ after ‘‘transportation.’’ in second sentence, was executed by making the insertion after ‘‘transpor- tation,’’ to reflect the probable intent of Congress. § 2114c. Trade in services: development, coordi- nation, and implementation of Federal poli- cies; staff support and other assistance; spe- cific service sector authorities unaffected; executive functions (1)(A) The United States Trade Representa- tive, through the interagency trade organization established pursuant to section 1872(a) of this title or any subcommittee thereof, shall, in con- formance with this Act and other provisions of law, develop (and coordinate the implementa- tion of) United States policies concerning trade in services. (B) In order to encourage effective develop- ment, coordination, and implementation of United States policies on trade in services— (i) each department or agency of the United States responsible for the regulation of any service sector industry shall, as appropriate, advise and work with the United States Trade Representative concerning matters that have come to the department’s or agency’s atten- tion with respect to— (I) the treatment afforded United States service sector interest in foreign markets; or (II) allegations of unfair practices by for- eign governments or companies in a service sector; and (ii) the Department of Commerce, together with other appropriate agencies as requested by the United States Trade Representative, shall provide staff support and other assist- ance for negotiations on service-related issues by the United States Trade Representatives 1 and the domestic implementation of service- related agreements. (C) Nothing in this paragraph shall be con- strued to alter any existing authority or respon- sibility with respect to any specific service sec- tor. (2)(A) 2 The President shall, as he deems appro- priate— (i) consult with State governments on issues of trade policy, including negotiating objec- tives and implementation of trade agreements, affecting the regulatory authority of non-Fed- eral governments, or their procurement of goods and services; (ii) establish one or more intergovernmental policy advisory committees on trade which shall serve as a principal forum in which State and local governments may consult with the Federal Government with respect to the mat- ters described in clause (i); and (iii) provide to State and local governments and to United States service industries, upon their request, advice, assistance, and (except as may be otherwise prohibited by law) data, analyses, and information concerning United States policies on international trade in serv- ices.