19 USC 2901 - Overall and principal trade negotiating objectives of the United States

U.S Code last checked for updates: Nov 22, 2024

§ 2901.

Overall and principal trade negotiating objectives of the United States

(a)

Overall trade negotiating objectives

The overall trade negotiating objectives of the United States are to obtain—

(1)

more open, equitable, and reciprocal market access;

(2)

the reduction or elimination of barriers and other trade-distorting policies and practices; and

(3)

a more effective system of international trading disciplines and procedures.

(b)

Principal trade negotiating objectives

(1)

Dispute settlement

The principal negotiating objectives of the United States with respect to dispute settlement are—

(A)

to provide for more effective and expeditious dispute settlement mechanisms and procedures; and

(B)

to ensure that such mechanisms within the GATT and GATT agreements provide for more effective and expeditious resolution of disputes and enable better enforcement of United States rights.

(2)

Improvement of the GATT and multilateral trade negotiation agreements

The principal negotiating objectives of the United States regarding the improvement of GATT and multilateral trade negotiation agreements are—

(A)

to enhance the status of the GATT;

(B)

to improve the operation and extend the coverage of the GATT and such agreements and arrangements to products, sectors, and conditions of trade not adequately covered; and

(C)

to expand country participation in particular agreements or arrangements, where appropriate.

(3)

Transparency

(4)

Developing countries

The principal negotiating objectives of the United States regarding developing countries are—

(A)

to ensure that developing countries promote economic development by assuming the fullest possible measure of responsibility for achieving and maintaining an open international trading system by providing reciprocal benefits and assuming equivalent obligations with respect to their import and export practices; and

(B)

to establish procedures for reducing nonreciprocal trade benefits for the more advanced developing countries.

(5)

Current account surpluses

(6)

Trade and monetary coordination

(7)

Agriculture

The principal negotiating objectives of the United States with respect to agriculture are to achieve, on an expedited basis to the maximum extent feasible, more open and fair conditions of trade in agricultural commodities by—

(A)

developing, strengthening, and clarifying rules for agricultural trade, including disciplines on restrictive or trade-distorting import and export practices;

(B)

increasing United States agricultural exports by eliminating barriers to trade (including transparent and nontransparent barriers) and reducing or eliminating the subsidization of agricultural production consistent with the United States policy of agricultural stabilization in cyclical and unpredictable markets;

(C)

creating a free and more open world agricultural trading system by resolving questions pertaining to export and other trade-distorting subsidies, market pricing and market access and eliminating and reducing substantially other specific constraints to fair trade and more open market access, such as tariffs, quotas, and other nontariff practices, including unjustified phytosanitary and sanitary restrictions; and

(D)

seeking agreements by which the major agricultural exporting nations agree to pursue policies to reduce excessive production of agricultural commodities during periods of oversupply, with due regard for the fact that the United States already undertakes such policies, and without recourse to arbitrary schemes to divide market shares among major exporting countries.

(8)

Unfair trade practices

The principal negotiating objectives of the United States with respect to unfair trade practices are—

(A)

to improve the provisions of the GATT and nontariff measure agreements in order to define, deter, discourage the persistent use of, and otherwise discipline unfair trade practices having adverse trade effects, including forms of subsidy and dumping and other practices not adequately covered such as resource input subsidies, diversionary dumping, dumped or subsidized inputs, and export targeting practices;

(B)

to obtain the application of similar rules to the treatment of primary and nonprimary products in the Agreement on Interpretation and Application of Articles VI, XVI, and XXIII of the GATT (relating to subsidies and countervailing measures); and

(C)

to obtain the enforcement of GATT rules against—

(i)

state trading enterprises, and

(ii)

the acts, practices, or policies of any foreign government which, as a practical matter, unreasonably require that—

(I)

substantial direct investment in the foreign country be made,

(II)

intellectual property be licensed to the foreign country or to any firm of the foreign country, or

(III)

other collateral concessions be made,

as a condition for the importation of any product or service of the United States into the foreign country or as a condition for carrying on business in the foreign country.

(9)

Trade in services

(A)

The principal negotiating objectives of the United States regarding trade in services are—

(i)

to reduce or to eliminate barriers to, or other distortions of, international trade in services, including barriers that deny national treatment and restrictions on establishment and operation in such markets; and

(ii)

to develop internationally agreed rules, including dispute settlement procedures, which—

(I)

are consistent with the commercial policies of the United States, and

(II)

will reduce or eliminate such barriers or distortions, and help ensure fair, equitable opportunities for foreign markets.

(B)

In pursuing the negotiating objectives described in subparagraph (A), United States negotiators shall take into account legitimate United States domestic objectives including, but not limited to, the protection of legitimate health or safety, essential security, environmental, consumer or employment opportunity interests and the law and regulations related thereto.

(10)

Intellectual property

The principal negotiating objectives of the United States regarding intellectual property are—

(A)

to seek the enactment and effective enforcement by foreign countries of laws which—

(i)

recognize and adequately protect intellectual property, including copyrights, patents, trademarks, semiconductor chip layout designs, and trade secrets, and

(ii)

provide protection against unfair competition,

(B)

to establish in the GATT obligations—

(i)

to implement adequate substantive standards based on—

(I)

the standards in existing international agreements that provide adequate protection, and

(II)

the standards in national laws if international agreement standards are inadequate or do not exist,

(ii)

to establish effective procedures to enforce, both internally and at the border, the standards implemented under clause (i), and

(iii)

to implement effective dispute settlement procedures that improve on existing GATT procedures;

(C)

to recognize that the inclusion in the GATT of—

(i)

adequate and effective substantive norms and standards for the protection and enforcement of intellectual property rights, and

(ii)

dispute settlement provisions and enforcement procedures,

is without prejudice to other complementary initiatives undertaken in other international organizations; and

(D)

to supplement and strengthen standards for protection and enforcement in existing international intellectual property conventions administered by other international organizations, including their expansion to cover new and emerging technologies and elimination of discrimination or unreasonable exceptions or preconditions to protection.

(11)

Foreign direct investment

(A)

The principal negotiating objectives of the United States regarding foreign direct investment are—

(i)

to reduce or to eliminate artificial or trade-distorting barriers to foreign direct investment, to expand the principle of national treatment, and to reduce unreasonable barriers to establishment; and

(ii)

to develop internationally agreed rules, including dispute settlement procedures, which—

(I)

will help ensure a free flow of foreign direct investment, and

(II)

will reduce or eliminate the trade distortive effects of certain trade-related investment measures.

(B)

(12)

Safeguards

The principal negotiating objectives of the United States regarding safeguards are—

(A)

to improve and expand rules and procedures covering safeguard measures;

(B)

to ensure that safeguard measures are—

(i)

transparent,

(ii)

temporary,

(iii)

degressive, and

(iv)

subject to review and termination when no longer necessary to remedy injury and to facilitate adjustment; and

(C)

to require notification of, and to monitor the use by, GATT Contracting Parties of import relief actions for their domestic industries.

(13)

Specific barriers

The principal negotiating objective of the United States regarding specific barriers is to obtain competitive opportunities for United States exports in foreign markets substantially equivalent to the competitive opportunities afforded foreign exports to United States markets, including the reduction or elimination of specific tariff and nontariff trade barriers, particularly—

(A)

measures identified in the annual report prepared under section 2241 of this title; and

(B)

foreign tariffs and nontariff barriers on competitive United States exports when like or similar products enter the United States at low rates of duty or are duty-free, and other tariff disparities that impede access to particular export markets.

(14)

Worker rights

The principal negotiating objectives of the United States regarding worker rights are—

(A)

to promote respect for worker rights;

(B)

to secure a review of the relationship of worker rights to GATT articles, objectives, and related instruments with a view to ensuring that the benefits of the trading system are available to all workers; and

(C)

to adopt, as a principle of the GATT, that the denial of worker rights should not be a means for a country or its industries to gain competitive advantage in international trade.

(15)

Access to high technology

(A)

The principal negotiating objective of the United States regarding access to high technology is to obtain the elimination or reduction of foreign barriers to, and acts, policies, or practices by foreign governments which limit, equitable access by United States persons to foreign-developed technology, including barriers, acts, policies, or practices which have the effect of—

(i)

restricting the participation of United States persons in government-supported research and development projects;

(ii)

denying equitable access by United States persons to government-held patents;

(iii)

requiring the approval or agreement of government entities, or imposing other forms of government interventions, as a condition for the granting of licenses to United States persons by foreign persons (except for approval or agreement which may be necessary for national security purposes to control the export of critical military technology); and

(iv)

otherwise denying equitable access by United States persons to foreign-developed technology or contributing to the inequitable flow of technology between the United States and its trading partners.

(B)

In pursuing the negotiating objective described in subparagraph (A), the United States negotiators shall take into account United States Government policies in licensing or otherwise making available to foreign persons technology and other information developed by United States laboratories.

(16)

Border taxes

(Pub. L. 100–418, title I, § 1101, Aug. 23, 1988, 102 Stat. 1121.)

cite as: 19 USC 2901