19 USC 2512 - Authority to encourage reciprocal competitive procurement practices

Subject to paragraph (2), the President, in order to encourage additional countries to become parties to the Agreement and to provide appropriate reciprocal competitive government procurement opportunities to United States products and suppliers of such products—

(A)

shall, with respect to procurement covered by the Agreement, prohibit the procurement, after the date on which any waiver under section 2511(a) of this title first takes effect, of products—

(i)

which are products of a foreign country or instrumentality which is not designated pursuant to section 2511(b) of this title, and

(ii)

which would otherwise be eligible products; and

(B)

may, with respect to procurement covered by the Agreement, take such other actions within the President’s authority as the President deems necessary.

(2)

Exception

Paragraph (1) shall not apply in the case of procurements for which—

(A)

there are no offers of products or services of the United States or of eligible products; or

(B)

the offers of products or services of the United States or of eligible products are insufficient to fulfill the requirements of the United States Government.

(b)

Deferrals and waivers

Notwithstanding subsection (a), but in furtherance of the objective of encouraging countries to become parties to the Agreement and provide appropriate reciprocal competitive government procurement opportunities to United States products and suppliers of such products, the President may—

(1)

waive the prohibition required by subsection (a)(1) on procurement of products of a foreign country or instrumentality which has not yet become a party to the Agreement but—

(A)

has agreed to apply transparent and competitive procedures to its government procurement equivalent to those in the Agreement, and

(B)

maintains and enforces effective prohibitions on bribery and other corrupt practices in connection with its government procurement;

(2)

authorize agency heads to waive, subject to interagency review and general policy guidance by the organization established under section 1872(a) of this title, such prohibition on a case-by-case basis when in the national interest; and

(3)

authorize the Secretary of Defense to waive, subject to interagency review and policy guidance by the organization established under section 1872(a) of this title, such prohibition for products of any country or instrumentality which enters into a reciprocal procurement agreement with the Department of Defense.

Before exercising the waiver authority under paragraph (1), the President shall consult with the appropriate private sector advisory committees established under section 2155 of this title and with the appropriate committees of the Congress.

(c)

Report on impact of restrictions

(1)

Impact on the economy

(2)

Recommendations for attaining reciprocity

(3)

Consultation

(d)

Proposed action

(1)

Presidential report

(2)

Procedure

(A)

Presidential determination

(B)

Congressional consideration

(Pub. L. 96–39, title III, § 302, July 26, 1979, 93 Stat. 236; Pub. L. 103–182, title III, § 381(b), Dec. 8, 1993, 107 Stat. 2129; Pub. L. 103–465, title III, § 343(a), (b), Dec. 8, 1994, 108 Stat. 4954, 4955.)

cite as: 19 USC 2512

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