Editorial Notes

References in Text

The Bipartisan Trade Promotion Authority Act of 2002, referred to in subsec. (b)(1)(B), is title XXI of Pub. L. 107–210, div. B, Aug. 6, 2002, 116 Stat. 993, which is classified principally to this chapter. For complete classification of title XXI to the Code, see section 3801(a) of this title and Tables.

Amendments

2004—Subsec. (c). Pub. L. 108–429 substituted “and” for “aand” in introductory provisions.

Statutory Notes and Related Subsidiaries

United States–Panama Trade Promotion Agreement Implementation Act

Pub. L. 112–43, Oct. 21, 2011, 125 Stat. 497, provided that:

“SECTION 1.

SHORT TITLE; TABLE OF CONTENTS.

“(a)

Short Title.—

This Act may be cited as the ‘United States–Panama Trade Promotion Agreement Implementation Act’.

United States–Colombia Trade Promotion Agreement Implementation Act

Pub. L. 112–42, Oct. 21, 2011, 125 Stat. 462, provided that:

“SECTION 1.

SHORT TITLE; TABLE OF CONTENTS.

“(a)

Short Title.—

This Act may be cited as the ‘United States–Colombia Trade Promotion Agreement Implementation Act’.

“(b)

Table of Contents.—

[Omitted.]

“SEC. 2.

PURPOSES.

“The purposes of this Act are—

“(1)

to approve and implement the free trade agreement between the United States and Colombia entered into under the authority of section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3803(b));

“(2)

to strengthen and develop economic relations between the United States and Colombia for their mutual benefit;

“(3)

to establish free trade between the United States and Colombia through the reduction and elimination of barriers to trade in goods and services and to investment; and

“(4)

to lay the foundation for further cooperation to expand and enhance the benefits of the Agreement.

“SEC. 3.

DEFINITIONS.

“In this Act:

“(1)

Agreement.—

The term ‘Agreement’ means the United States–Colombia Trade Promotion Agreement approved by Congress under section 101(a)(1).

“(2)

Commission.—

The term ‘Commission’ means the United States International Trade Commission.

“(3)

HTS.—

The term ‘HTS’ means the Harmonized Tariff Schedule of the United States.

“(4)

Textile or apparel good.—

The term ‘textile or apparel good’ means a good listed in the Annex to the Agreement on Textiles and Clothing referred to in section 101(d)(4) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)

United States–Korea Free Trade Agreement Implementation Act

Pub. L. 112–41, Oct. 21, 2011, 125 Stat. 428, as amended by Pub. L. 114–27, title VIII, §§ 801(b), 802(b), June 29, 2015, 129 Stat. 414, 415; Pub. L. 114–125, title IX, § 920(b), Feb. 24, 2016, 130 Stat. 281; Pub. L. 115–31, div. M, title I, § 105(b), May 5, 2017, 131 Stat. 804; Pub. L. 115–123, div. C, title II, § 30201(b), Feb. 9, 2018, 132 Stat. 126; Pub. L. 115–141, div. U, title I, § 107(a), Mar. 23, 2018, 132 Stat. 1171; Pub. L. 115–334, title XII, § 12606, Dec. 20, 2018, 132 Stat. 5006; Pub. L. 116–37, title IV, § 401(b), Aug. 2, 2019, 133 Stat. 1058; Pub. L. 116–164, § 3(b), Oct. 10, 2020, 134 Stat. 758; Pub. L. 117–2, title IX, § 9912(b), Mar. 11, 2021, 135 Stat. 238; Pub. L. 117–58, div. H, title III, § 80301(b), Nov. 15, 2021, 135 Stat. 1330, provided that:

“SECTION 1.

SHORT TITLE.

“(a)

Short Title.—

This Act may be cited as the ‘United States–Korea Free Trade Agreement Implementation Act’.

“(b)

Table of Contents.—

[Omitted.]

“SEC. 2.

PURPOSES.

“The purposes of this Act are—

“(1)

to approve and implement the free trade agreement between the United States and Korea entered into under the authority of section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3803(b));

“(2)

to secure the benefits of the agreement entered into pursuant to an exchange of letters between the United States and the Government of Korea on February 10, 2011;

“(3)

to strengthen and develop economic relations between the United States and Korea for their mutual benefit;

“(4)

United States-Peru Trade Promotion Agreement Implementation Act

Pub. L. 110–138, Dec. 14, 2007, 121 Stat. 1455, provided that:

“SECTION 1.

SHORT TITLE; TABLE OF CONTENTS.

“(a)

Short Title.—

This Act may be cited as the ‘United States-Peru Trade Promotion Agreement Implementation Act’.

“(b)

Table of Contents.—

[Omitted.]

“SEC. 2.

PURPOSES.

“The purposes of this Act are—

“(1)

to approve and implement the free trade agreement between the United States and Peru entered into under the authority of section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3803(b));

“(2)

to strengthen and develop economic relations between the United States and Peru for their mutual benefit;

“(3)

to establish free trade between the United States and Peru through the reduction and elimination of barriers to trade in goods and services and to investment; and

“(4)

to lay the foundation for further cooperation to expand and enhance the benefits of the Agreement.

“SEC. 3.

DEFINITIONS.

“In this Act:

“(1)

Agreement.—

The term ‘Agreement’ means the United States-Peru Trade Promotion Agreement approved by Congress under section 101(a)(1).

“(2)

Commission.—

The term ‘Commission’ means the United States International Trade Commission.

“(3)

HTS.—

The term ‘HTS’ means the Harmonized Tariff Schedule of the United States.

“(4)

Textile or apparel good.—

“TITLE I—

APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT

“SEC. 101.

APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.

“(a)

Approval of Agreement and Statement of Administrative Action.—

Pursuant to section 2105 of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3805) and section 151 of the Trade Act of 1974 (19 U.S.C. 2191), Congress approves—

“(1)

the United States-Peru Trade Promotion Agreement entered into on April 12, 2006, with the Government of Peru, as amended on June 24 and June 25, 2007, respectively, by the United States and Peru, and submitted to Congress on September 27, 2007; and

“(2)

the statement of administrative action proposed to implement the Agreement that was submitted to Congress on September 27, 2007.

“(b)

Conditions for Entry Into Force of the Agreement.—

At such time as the President determines that Peru has taken measures necessary to comply with those provisions of the Agreement that are to take effect on the date on which the Agreement enters into force [Feb. 1, 2009], the President is authorized to exchange notes with the Government of Peru providing for the entry into force, on or after January 1, 2008, of the Agreement with respect to the United States.

“SEC. 102.

RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE LAW.

“(a)

Relationship of Agreement to United States Law.—

“(1)

United states law to prevail in conflict.—

No provision of the Agreement, nor the application of any such provision to any person or circumstance, which is inconsistent with any law of the United States shall have effect.

“(2)

Construction.—

Nothing in this Act shall be construed—

“(A)

to amend or modify any law of the United States, or

“(B)

to limit any authority conferred under any law of the United States,

unless specifically provided for in this Act.

“(b)

Relationship of Agreement to State Law.—

“(1)

Legal challenge.—

United States-Oman Free Trade Agreement Implementation Act

Pub. L. 109–283, Sept. 26, 2006, 120 Stat. 1191, provided that:

“SECTION 1.

SHORT TITLE; TABLE OF CONTENTS.

“(a)

Short Title.—

This Act may be cited as the ‘United States-Oman Free Trade Agreement Implementation Act’.

“(b)

Table of Contents.—

[Omitted.]

“SEC. 2.

PURPOSES.

“The purposes of this Act are—

“(1)

to approve and implement the Free Trade Agreement between the United States and Oman entered into under the authority of section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3803(b));

“(2)

to strengthen and develop economic relations between the United States and Oman for their mutual benefit;

“(3)

to establish free trade between the 2 nations through the reduction and elimination of barriers to trade in goods and services and to investment; and

United States-Bahrain Free Trade Agreement Implementation Act

Pub. L. 109–169, Jan. 11, 2006, 119 Stat. 3581, provided that:

“SECTION 1.

SHORT TITLE; TABLE OF CONTENTS.

“(a)

Short Title.—

This Act may be cited as the ‘United States-Bahrain Free Trade Agreement Implementation Act’.

“(b)

Table of Contents.—

[Omitted.]

“SEC. 2.

PURPOSES.

“The purposes of this Act are—

“(1)

to approve and implement the Free Trade Agreement between the United States and Bahrain entered into under the authority of section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3803(b));

“(2)

to strengthen and develop economic relations between the United States and Bahrain for their mutual benefit;

“(3)

to establish free trade between the 2 nations through the reduction and elimination of barriers to trade in goods and services; and

“(4)

to lay the foundation for further cooperation to expand and enhance the benefits of such Agreement.

“SEC. 3.

DEFINITIONS.

“In this Act:

“(1)

Agreement.—

The term ‘Agreement’ means the United States-Bahrain Free Trade Agreement approved by Congress under section 101(a)(1).

“(2)

HTS.—

The term ‘HTS’ means the Harmonized Tariff Schedule of the United States.

“(3)

Textile or apparel good.—

“TITLE I—

APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT

“SEC. 101.

APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.

“(a)

Approval of Agreement and Statement of Administrative Action.—

Pursuant to section 2105 of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3805) and section 151 of the Trade Act of 1974 (19 U.S.C. 2191), Congress approves—

“(1)

the United States-Bahrain Free Trade Agreement entered into on September 14, 2004, with Bahrain and submitted to Congress on November 16, 2005; and

“(2)

the statement of administrative action proposed to implement the Agreement that was submitted to Congress on November 16, 2005.

“(b)

Conditions for Entry Into Force of the Agreement.—

At such time as the President determines that Bahrain has taken measures necessary to bring it into compliance with those provisions of the Agreement that are to take effect on the date on which the Agreement enters into force [Aug. 1, 2006], the President is authorized to exchange notes with the Government of Bahrain providing for the entry into force, on or after January 1, 2006, of the Agreement with respect to the United States.

“SEC. 102.

RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE LAW.

“(a)

Relationship of Agreement to United States Law.—

“(1)

United states law to prevail in conflict.—

No provision of the Agreement, nor the application of any such provision to any person or circumstance, which is inconsistent with any law of the United States shall have effect.

“(2)

Construction.—

Nothing in this Act shall be construed—

“(A)

to amend or modify any law of the United States; or

“(B)

to limit any authority conferred under any law of the United States,

unless specifically provided for in this Act.

“(b)

Relationship of Agreement to State Law.—

“(1)

Legal challenge.—

No State law, or the application thereof, may be declared invalid as to any person or circumstance on the ground that the provision or application is inconsistent with the Agreement, except in an action brought by the United States for the purpose of declaring such law or application invalid.

“(2)

Definition of state law.—

For purposes of this subsection, the term ‘State law’ includes—

“(A)

any law of a political subdivision of a State; and

“(B)

any State law regulating or taxing the business of insurance.

“(c)

Effect of Agreement With Respect to Private Remedies.—

No person other than the United States—

“(1)

shall have any cause of action or defense under the Agreement or by virtue of congressional approval thereof; or

“(2)

may challenge, in any action brought under any provision of law, any action or inaction by any department, agency, or other instrumentality of the United States, any State, or any political subdivision of a State, on the ground that such action or inaction is inconsistent with the Agreement.

“SEC. 103.

IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE AND INITIAL REGULATIONS.

“(a)

Implementing Actions.—

“(1)

Proclamation authority.—

After the date of the enactment of this Act [Jan. 11, 2006]—

“(A)

United States-Morocco Free Trade Agreement Implementation Act

Pub. L. 108–302, Aug. 17, 2004, 118 Stat. 1103, provided that:

“SECTION 1.

SHORT TITLE; TABLE OF CONTENTS.

“(a)

Short Title.—

This Act may be cited as the ‘United States-Morocco Free Trade Agreement Implementation Act’.

“(b)

Table of Contents.—

[Omitted.]

“SEC. 2.

PURPOSES.

“The purposes of this Act are—

“(1)

to approve and implement the Free Trade Agreement between the United States and Morocco entered into under the authority of section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3803(b));

“(2)

to strengthen and develop economic relations between the United States and Morocco for their mutual benefit;

“(3)

to establish free trade between the 2 nations through the reduction and elimination of barriers to trade in goods and services and to investment; and

“(4)

to lay the foundation for further cooperation to expand and enhance the benefits of such Agreement.

“SEC. 3.

DEFINITIONS.

“In this Act:

“(1)

Agreement.—

The term ‘Agreement’ means the United States-Morocco Free Trade Agreement approved by Congress under section 101(a)(1).

“(2)

HTS.—

The term ‘HTS’ means the Harmonized Tariff Schedule of the United States.

“(3)

Textile or apparel good.—

“TITLE I—

APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT

“SEC. 101.

APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.

“(a)

Approval of Agreement and Statement of Administrative Action.—

Pursuant to section 2105 of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3805) and section 151 of the Trade Act of 1974 (19 U.S.C. 2191), Congress approves—

“(1)

the United States-Morocco Free Trade Agreement entered into on June 15, 2004, with Morocco and submitted to Congress on July 15, 2004; and

“(2)

the statement of administrative action proposed to implement the Agreement that was submitted to Congress on July 15, 2004.

“(b)

Conditions for Entry Into Force of the Agreement.—

At such time as the President determines that Morocco has taken measures necessary to bring it into compliance with those provisions of the Agreement that are to take effect on the date on which the Agreement enters into force [Jan. 1, 2006], the President is authorized to exchange notes with the Government of Morocco providing for the entry into force, on or after January 1, 2005, of the Agreement with respect to the United States.

“SEC. 102.

RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE LAW.

“(a)

Relationship of Agreement to United States Law.—

“(1)

United states law to prevail in conflict.—

No provision of the Agreement, nor the application of any such provision to any person or circumstance, which is inconsistent with any law of the United States shall have effect.

“(2)

Construction.—

Nothing in this Act shall be construed—

“(A)

to amend or modify any law of the United States, or

“(B)

to limit any authority conferred under any law of the United States,

unless specifically provided for in this Act.

“(b)

Relationship of Agreement to State Law.—

“(1)

Legal challenge.—

“(2)

Definition of state law.—

For purposes of this subsection, the term ‘State law’ includes—

“(A)

any law of a political subdivision of a State; and

“(B)

any State law regulating or taxing the business of insurance.

“(c)

Effect of Agreement With Respect to Private Remedies.—

No person other than the United States—

“(1)

shall have any cause of action or defense under the Agreement or by virtue of congressional approval thereof; or

“(2)

“SEC. 103.

IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE AND INITIAL REGULATIONS.

“(a)

Implementing Actions.—

“(1)

Proclamation authority.—

After the date of the enactment of this Act [Aug. 17, 2004]—

“(A)

the President may proclaim such actions, and

“(B)

other appropriate officers of the United States Government may issue such regulations,

as may be necessary to ensure that any provision of this Act, or amendment made by this Act, that takes effect on the date the Agreement enters into force [Jan. 1, 2006] is appropriately implemented on such date, but no such proclamation or regulation may have an effective date earlier than the date the Agreement enters into force.

“(2)

Effective date of certain proclaimed actions.—

Any action proclaimed by the President under the authority of this Act that is not subject to the consultation and layover provisions under section 104 may not take effect before the 15th day after the date on which the text of the proclamation is published in the Federal Register.

“(3)

Waiver of 15-day restriction.—

The 15-day restriction in paragraph (2) on the taking effect of proclaimed actions is waived to the extent that the application of such restriction would prevent the taking effect on the date the Agreement enters into force [Jan. 1, 2006] of any action proclaimed under this section.

“(b)

Initial Regulations.—

Initial regulations necessary or appropriate to carry out the actions required by or authorized under this Act or proposed in the statement of administrative action submitted under section 101(a)(2) to implement the Agreement shall, to the maximum extent feasible, be issued within 1 year after the date on which the Agreement enters into force [Jan. 1, 2006]. In the case of any implementing action that takes effect on a date after the date on which the Agreement enters into force, initial regulations to carry out that action shall, to the maximum extent feasible, be issued within 1 year after such effective date.

“SEC. 104.

CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE DATE OF, PROCLAIMED ACTIONS.

“If a provision of this Act provides that the implementation of an action by the President by proclamation is subject to the consultation and layover requirements of this section, such action may be proclaimed only if—

“(1)

the President has obtained advice regarding the proposed action from—

“(A)

the appropriate advisory committees established under section 135 of the Trade Act of 1974 (19 U.S.C. 2155); and

“(B)

the United States International Trade Commission;

“(2)

the President has submitted to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report that sets forth—

“(A)

the action proposed to be proclaimed and the reasons therefor; and

“(B)

the advice obtained under paragraph (1);

“(3)

a period of 60 calendar days, beginning on the first day on which the requirements set forth in paragraphs (1) and (2) have been met has expired; and

“(4)

the President has consulted with such Committees regarding the proposed action during the period referred to in paragraph (3).

“SEC. 105.

ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.

“(a)

Establishment or Designation of Office.—

The President is authorized to establish or designate within the Department of Commerce an office that shall be responsible for providing administrative assistance to panels established under chapter 20 of the Agreement. The office may not be considered to be an agency for purposes of section 552 of title 5, United States Code.

“(b)

Authorization of Appropriations.—

There are authorized to be appropriated for each fiscal year after fiscal year 2004 to the Department of Commerce such sums as may be necessary for the establishment and operations of the office under subsection (a) and for the payment of the United States share of the expenses of panels established under chapter 20 of the Agreement.

“SEC. 106.

ARBITRATION OF CLAIMS.

“The United States is authorized to resolve any claim against the United States covered by article 10.15.1(a)(i)(C) or article 10.15.1(b)(i)(C) of the Agreement, pursuant to the Investor-State Dispute Settlement procedures set forth in section B of chapter 10 of the Agreement.

“SEC. 107.

EFFECTIVE DATES; EFFECT OF TERMINATION.

“(a)

Effective Dates.—

Except as provided in subsection (b), the provisions of this Act and the amendments made by this Act take effect on the date the Agreement enters into force [Jan. 1, 2006].

“(b)

Exceptions.—

Sections 1 through 3 and this title take effect on the date of the enactment of this Act [Aug. 17, 2004].

“(c)

Termination of the Agreement.—

On the date on which the Agreement terminates, the provisions of this Act (other than this subsection) and the amendments made by this Act shall cease to be effective.

“TITLE II—

CUSTOMS PROVISIONS

“SEC. 201.

TARIFF MODIFICATIONS.

“(a)

Tariff Modifications Provided for in the Agreement.—

“(1)

Proclamation authority.—

United States-Australia Free Trade Agreement Implementation Act

Pub. L. 108–286, Aug. 3, 2004, 118 Stat. 919, provided that:

“SECTION 1.

SHORT TITLE; TABLE OF CONTENTS.

“(a)

Short Title.—

This Act may be cited as the ‘United States-Australia Free Trade Agreement Implementation Act’.

(b)

Table of Contents.—

[Omitted.]

“SEC. 2.

PURPOSES.

“The purposes of this Act are—

“(1)

to approve and implement the Free Trade Agreement between the United States and Australia, entered into under the authority of section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3803(b));

“(2)

to strengthen and develop economic relations between the United States and Australia for their mutual benefit;

“(3)

to establish free trade between the 2 nations through the reduction and elimination of barriers to trade in goods and services and to investment; and

“(4)

to lay the foundation for further cooperation to expand and enhance the benefits of such Agreement.

“SEC. 3.

DEFINITIONS.

“In this Act:

“(1)

Agreement.—

The term ‘Agreement’ means the United States-Australia Free Trade Agreement approved by Congress under section 101(a)(1).

“(2)

HTS.—

The term ‘HTS’ means the Harmonized Tariff Schedule of the United States.

“(3)

Textile or apparel good.—

“TITLE I—

APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT

“SEC. 101.

APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.

“(a)

Approval of Agreement and Statement of Administrative Action.—

Pursuant to section 2105 of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3805) and section 151 of the Trade Act of 1974 (19 U.S.C. 2191), Congress approves—

“(1)

the United States-Australia Free Trade Agreement entered into on May 18, 2004, with the Government of Australia and submitted to Congress on July 6, 2004; and

“(2)

the statement of administrative action proposed to implement the Agreement that was submitted to Congress on July 6, 2004.

“(b)

Conditions for Entry Into Force of the Agreement.—

At such time as the President determines that Australia has taken measures necessary to bring it into compliance with those provisions of the Agreement that are to take effect on the date on which the Agreement enters into force [Jan. 1, 2005], the President is authorized to exchange notes with the Government of Australia providing for the entry into force, on or after January 1, 2005, of the Agreement with respect to the United States.

“SEC. 102.

RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE LAW.

“(a)

Relationship of Agreement to United States Law.—

“(1)

United states law to prevail in conflict.—

No provision of the Agreement, nor the application of any such provision to any person or circumstance, which is inconsistent with any law of the United States shall have effect.

“(2)

Construction.—

Nothing in this Act shall be construed—

“(A)

to amend or modify any law of the United States, or

“(B)

to limit any authority conferred under any law of the United States,

unless specifically provided for in this Act.

“(b)

Relationship of Agreement to State Law.—

“(1)

Legal challenge.—

“(2)

Definition of state law.—

For purposes of this subsection, the term ‘State law’ includes—

“(A)

any law of a political subdivision of a State; and

“(B)

any State law regulating or taxing the business of insurance.

“(c)

Effect of Agreement With Respect to Private Remedies.—

No person other than the United States—

“(1)

shall have any cause of action or defense under the Agreement or by virtue of congressional approval thereof; or

“(2)

“SEC. 103.

IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE AND INITIAL REGULATIONS.

“(a)

Implementing Actions.—

“(1)

Proclamation authority.—

After the date of the enactment of this Act [Aug. 3, 2004]—

“(A)

the President may proclaim such actions, and

“(B)

other appropriate officers of the United States Government may issue such regulations,

as may be necessary to ensure that any provision of this Act, or amendment made by this Act, that takes effect on the date the Agreement enters into force [Jan. 1, 2005] is appropriately implemented on such date, but no such proclamation or regulation may have an effective date earlier than the date on which the Agreement enters into force.

“(2)

Effective date of certain proclaimed actions.—

Any action proclaimed by the President under the authority of this Act that is not subject to the consultation and layover provisions under section 104, may not take effect before the 15th day after the date on which the text of the proclamation is published in the Federal Register.

“(3)

Waiver of 15-day restriction.—

“(b)

Initial Regulations.—

Initial regulations necessary or appropriate to carry out the actions required by or authorized under this Act or proposed in the statement of administrative action submitted under section 101(a)(2) to implement the Agreement shall, to the maximum extent feasible, be issued within 1 year after the date on which the Agreement enters into force. In the case of any implementing action that takes effect on a date after the date on which the Agreement enters into force [Jan. 1, 2005], initial regulations to carry out that action shall, to the maximum extent feasible, be issued within 1 year after such effective date.

“SEC. 104.

CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE DATE OF, PROCLAIMED ACTIONS.

“(1)

the President has obtained advice regarding the proposed action from—

“(A)

the appropriate advisory committees established under section 135 of the Trade Act of 1974 (19 U.S.C. 2155); and

“(B)

United States-Singapore Free Trade Agreement Implementation Act

Pub. L. 108–78, Sept. 3, 2003, 117 Stat. 948, provided that:

“SECTION 1.

SHORT TITLE; TABLE OF CONTENTS.

“(a)

Short Title.—

This Act may be cited as the ‘United States-Singapore Free Trade Agreement Implementation Act’.

“(b)

Table of Contents.—

[Omitted.]

“SEC. 2.

PURPOSES.

“The purposes of this Act are—

“(1)

to approve and implement the Free Trade Agreement between the United States and the Republic of Singapore entered into under the authority of section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 [19 U.S.C. 3803(b)];

“(2)

to strengthen and develop economic relations between the United States and Singapore for their mutual benefit;

“(3)

to establish free trade between the 2 nations through the reduction and elimination of barriers to trade in goods and services and to investment; and

“(4)

to lay the foundation for further cooperation to expand and enhance the benefits of such Agreement.

“SEC. 3.

DEFINITIONS.

“In this Act:

“(1)

Agreement.—

The term ‘Agreement’ means the United States-Singapore Free Trade Agreement approved by Congress under section 101(a).

“(2)

HTS.—

The term ‘HTS’ means the Harmonized Tariff Schedule of the United States.

“TITLE I—

APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT

“SEC. 101.

APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.

“(a)

Approval of Agreement and Statement of Administrative Action.—

Pursuant to section 2105 of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3805) and section 151 of the Trade Act of 1974 (19 U.S.C. 2191), Congress approves—

“(1)

the United States-Singapore Free Trade Agreement entered into on May 6, 2003, with the Government of Singapore and submitted to Congress on July 15, 2003; and

“(2)

the statement of administrative action proposed to implement the Agreement that was submitted to Congress on July 15, 2003.

“(b)

Conditions for Entry Into Force of the Agreement.—

At such time as the President determines that Singapore has taken measures necessary to bring it into compliance with those provisions of the Agreement that take effect on the date on which the Agreement enters into force, the President is authorized to exchange notes with the Government of Singapore providing for the entry into force, on or after January 1, 2004, of the Agreement for the United States.

“SEC. 102.

RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE LAW.

“(a)

Relationship of Agreement to United States Law.—

“(1)

United states law to prevail in conflict.—

No provision of the Agreement, nor the application of any such provision to any person or circumstance, which is inconsistent with any law of the United States shall have effect.

“(2)

Construction.—

Nothing in this Act shall be construed—

“(A)

to amend or modify any law of the United States, or

“(B)

to limit any authority conferred under any law of the United States,

unless specifically provided for in this Act.

“(b)

Relationship of Agreement to State Law.—

“(1)

Legal challenge.—

“(2)

Definition of state law.—

For purposes of this subsection, the term ‘State law’ includes—

“(A)

any law of a political subdivision of a State; and

“(B)

any State law regulating or taxing the business of insurance.

“(c)

Effect of Agreement With Respect to Private Remedies.—

No person other than the United States—

“(1)

shall have any cause of action or defense under the Agreement or by virtue of congressional approval thereof; or

“(2)

may challenge, in any action brought under any provision of law, any action or inaction by any department, agency, or other instrumentality of the United States, any State, or any political subdivision of a State on the ground that such action or inaction is inconsistent with the Agreement.

“SEC. 103.

CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE DATE OF, PROCLAIMED ACTIONS.

“(a)

Consultation and Layover Requirements.—

If a provision of this Act provides that the implementation of an action by the President by proclamation is subject to the consultation and layover requirements of this section, such action may be proclaimed only if—

“(1)

the President has obtained advice regarding the proposed action from—

“(A)

the appropriate advisory committees established under section 135 of the Trade Act of 1974 [19 U.S.C. 2155]; and

“(B)

the United States International Trade Commission;

“(2)

the President has submitted a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives that sets forth—

“(A)

the action proposed to be proclaimed and the reasons therefor; and

“(B)

the advice obtained under paragraph (1);

“(3)

a period of 60 calendar days beginning on the first day on which the requirements of paragraphs (1) and (2) have been met has expired; and

“(4)

the President has consulted with such Committees regarding the proposed action during the period referred to in paragraph (3).

“(b)

Effective Date of Certain Proclaimed Actions.—

Any action proclaimed by the President under the authority of this Act that is not subject to the consultation and layover provisions under subsection (a) may not take effect before the 15th day after the date on which the text of the proclamation is published in the Federal Register.

“SEC. 104.

IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE AND INITIAL REGULATIONS.

“(a)

Implementing Actions.—

“(1)

Proclamation authority.—

After the date of enactment of this Act [Sept. 3, 2003]—

“(A)

the President may proclaim such actions, and

“(B)

other appropriate officers of the United States Government may issue such regulations—

as may be necessary to ensure that any provision of this Act, or amendment made by this Act, that takes effect on the date the Agreement enters into force [Jan. 1, 2004] is appropriately implemented on such date, but no such proclamation or regulation may have an effective date earlier than the date of entry into force.

“(2)

Waiver of 15-day restriction.—

The 15-day restriction in section 103(b) on the taking effect of proclaimed actions is waived to the extent that the application of such restriction would prevent the taking effect on the date the Agreement enters into force of any action proclaimed under this section.

“(b)

Initial Regulations.—

Initial regulations necessary or appropriate to carry out the actions required by or authorized under this Act or proposed in the statement of administrative action submitted under section 101(a)(2) to implement the Agreement shall, to the maximum extent feasible, be issued within 1 year after the date of entry into force of the Agreement [Jan. 1, 2004]. In the case of any implementing action that takes effect on a date after the date of entry into force of the Agreement, initial regulations to carry out that action shall, to the maximum extent feasible, be issued within 1 year after such effective date.

“SEC. 105.

ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.

“(a)

Establishment or Designation of Office.—

The President is authorized to establish or designate within the Department of Commerce an office that shall be responsible for providing administrative assistance to panels established under chapter 20 of the Agreement. Such office may not be considered to be an agency for purposes of section 552 of title 5, United States Code.

“(b)

Authorization of Appropriations.—

There are authorized to be appropriated for each fiscal year after fiscal year 2003 to the Department of Commerce such sums as may be necessary for the establishment and operations of the office under subsection (a) and for the payment of the United States share of the expenses of panels established under chapter 20 of the Agreement.

“SEC. 106.

ARBITRATION OF CERTAIN CLAIMS.

“(a)

Submission of Certain Claims.—

The United States is authorized to resolve any claim against the United States covered by article 15.15.1(a)(i)(C) or article 15.15.1(b)(i)(C) of the Agreement, pursuant to the Investor-State Dispute Settlement procedures set forth in section C of chapter 15 of the Agreement.

United States-Chile Free Trade Agreement Implementation Act

Pub. L. 108–77, Sept. 3, 2003, 117 Stat. 909, as amended by Pub. L. 108–429, title II, § 2004(d)(7), Dec. 3, 2004, 118 Stat. 2593, provided that:

“SECTION 1.

SHORT TITLE; TABLE OF CONTENTS.

“(a)

Short Title.—

This Act may be cited as the ‘United States-Chile Free Trade Agreement Implementation Act’.

“(b)

Table of Contents.—

[Omitted.]

“SEC. 2.

PURPOSES.

“The purposes of this Act are—

“(1)

to approve and implement the Free Trade Agreement between the United States and the Republic of Chile entered into under the authority of section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 [19 U.S.C. 3803(b)];

“(2)

to strengthen and develop economic relations between the United States and Chile for their mutual benefit;

“(3)

to establish free trade between the 2 nations through the reduction and elimination of barriers to trade in goods and services and to investment; and

“(4)

to lay the foundation for further cooperation to expand and enhance the benefits of such Agreement.

“SEC. 3.

DEFINITIONS.

“In this Act:

“(1)

Agreement.—

The term ‘Agreement’ means the United States-Chile Free Trade Agreement approved by the Congress under section 101(a)(1).

“(2)

HTS.—

The term ‘HTS’ means the Harmonized Tariff Schedule of the United States.

“(3)

Textile or apparel good.—

“TITLE I—

APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT

“SEC. 101.

APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.

“(a)

Approval of Agreement and Statement of Administrative Action.—

Pursuant to section 2105 of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3805) and section 151 of the Trade Act of 1974 (19 U.S.C. 2191), the Congress approves—

“(1)

the United States-Chile Free Trade Agreement entered into on June 6, 2003, with the Government of Chile and submitted to the Congress on July 15, 2003; and

“(2)

the statement of administrative action proposed to implement the Agreement that was submitted to the Congress on July 15, 2003.

“(b)

Conditions for Entry Into Force of the Agreement.—

At such time as the President determines that Chile has taken measures necessary to bring it into compliance with the provisions of the Agreement that take effect on the date on which the Agreement enters into force, the President is authorized to exchange notes with the Government of Chile providing for the entry into force, on or after January 1, 2004, of the Agreement for the United States.

“SEC. 102.

RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE LAW.

“(a)

Relationship to United States Law.—

“(1)

United states law to prevail in conflict.—

No provision of the Agreement, nor the application of any such provision to any person or circumstance, which is inconsistent with any law of the United States shall have effect.

“(2)

Construction.—

Nothing in this Act shall be construed—

“(A)

to amend or modify any law of the United States, or

“(B)

to limit any authority conferred under any law of the United States,

unless specifically provided for in this Act.

“(b)

Relationship of Agreement to State Law.—

“(1)

Legal challenge.—

“(2)

Definition of state law.—

For purposes of this subsection, the term ‘State law’ includes—

“(A)

any law of a political subdivision of a State; and

“(B)

any State law regulating or taxing the business of insurance.

“(c)

Effect of Agreement With Respect to Private Remedies.—

No person other than the United States—

“(1)

shall have any cause of action or defense under the Agreement or by virtue of Congressional approval thereof; or

“(2)

may challenge, in any action brought under any provision of law, any action or inaction by any department, agency, or other instrumentality of the United States, any State, or any political subdivision of a State on the ground that such action or inaction is inconsistent with the Agreement.

“SEC. 103.

CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE DATE OF, PROCLAIMED ACTIONS.

“(a)

Consultation and Layover Requirements.—

“(1)

the President has obtained advice regarding the proposed action from—

“(A)

the appropriate advisory committees established under section 135 of the Trade Act of 1974 (19 U.S.C. 2155); and

“(B)

the United States International Trade Commission;

“(2)

the President has submitted a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate that sets forth—

“(A)

the action proposed to be proclaimed and the reasons therefor; and

“(B)

the advice obtained under paragraph (1);

“(3)

a period of 60 calendar days, beginning on the first day on which the requirements set forth in paragraphs (1) and (2) have been met has expired; and

“(4)

the President has consulted with such Committees regarding the proposed action during the period referred to in paragraph (3).

“(b)

Effective Date of Certain Proclaimed Actions.—

“SEC. 104.

IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE AND INITIAL REGULATIONS.

“(a)

Implementing Actions.—

“(1)

Proclamation authority.—

After the date of enactment of this Act [Sept. 3, 2003]—

“(A)

the President may proclaim such actions, and

“(B)

other appropriate officers of the United States Government may issue such regulations,

“(2)

Waiver of 15-day restriction.—

The 15-day restriction contained in section 103(b) on the taking effect of proclaimed actions is waived to the extent that the application of such restriction would prevent the taking effect on the date the Agreement enters into force of any action proclaimed under this section.

“(b)

Initial Regulations.—

Initial regulations necessary or appropriate to carry out the actions required by or authorized under this Act or proposed in the statement of administrative action referred to in section 101(a)(2) to implement the Agreement shall, to the maximum extent feasible, be issued within 1 year after the date of entry into force of the Agreement [Jan. 1, 2004]. In the case of any implementing action that takes effect on a date after the date of entry into force of the Agreement, initial regulations to carry out that action shall, to the maximum extent feasible, be issued within 1 year after such effective date.

“SEC. 105.

ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.

“(a)

Establishment or Designation of Office.—

The President is authorized to establish or designate within the Department of Commerce an office that shall be responsible for providing administrative assistance to panels established under chapter 22 of the Agreement. The office may not be considered to be an agency for purposes of section 552 of title 5, United States Code.

“(b)

Authorization of Appropriations.—

“SEC. 106.

ARBITRATION OF CLAIMS.

“(a)

Submission of Certain Claims.—

The United States is authorized to resolve any claim against the United States covered by article 10.15(1)(a)(i)(C) or 10.15(1)(b)(i)(C) of the Agreement, pursuant to the Investor-State Dispute Settlement procedures set forth in section B of chapter 10 of the Agreement.

“(b)

Contract Clauses.—

All contracts executed by any agency of the United States on or after the date of entry into force of the Agreement [Jan. 1, 2004] shall contain a clause specifying the law that will apply to resolve any breach of contract claim.

“SEC. 107.

EFFECTIVE DATES; EFFECT OF TERMINATION.

“(a)

Effective Dates.—

Except as provided in subsection (b), the provisions of this Act and the amendments made by this Act take effect on the date the Agreement enters into force [Jan. 1, 2004].

“(b)

Exceptions.—

Sections 1 through 3 and this title take effect on the date of the enactment of this Act [Sept. 3, 2003].

“(c)

Termination of the Agreement.—

On the date on which the Agreement ceases to be in force, the provisions of this Act (other than this subsection) and the amendments made by this Act shall cease to be effective.

“TITLE II—

CUSTOMS PROVISIONS

“SEC. 201.

TARIFF MODIFICATIONS.

“(a)

Tariff Modifications Provided for in the Agreement.—

“(1)

Proclamation authority.—

The President may proclaim—

“(A)

such modifications or continuation of any duty,

“(B)

such continuation of duty-free or excise treatment, or

“(C)

such additional duties,

as the President determines to be necessary or appropriate to carry out or apply articles 3.3, 3.7, 3.9, article 3.20 (8), (9), (10), and (11), and Annex 3.3 of the Agreement.

“(2)

Effect on chilean gsp status.—

Notwithstanding section 502(a)(1) of the Trade Act of 1974 (19 U.S.C. 2462(a)(1)), the President shall terminate the designation of Chile as a beneficiary developing country for purposes of title V of the Trade Act of 1974 [19 U.S.C. 2461 et seq.] on the date of entry into force of the Agreement [Jan. 1, 2004].

“(b)

Other Tariff Modifications.—

Subject to the consultation and layover provisions of section 103(a), the President may proclaim—

“(1)

such modifications or continuation of any duty,

“(2)

such modifications as the United States may agree to with Chile regarding the staging of any duty treatment set forth in Annex 3.3 of the Agreement,

“(3)

such continuation of duty-free or excise treatment, or

“(4)

such additional duties,

as the President determines to be necessary or appropriate to maintain the general level of reciprocal and mutually advantageous concessions with respect to Chile provided for by the Agreement.

“(c)

Additional Tariffs on Agricultural Safeguard Goods.—

“(1)

In general.—

In addition to any duty proclaimed under subsection (a) or (b), and subject to paragraphs (3) through (5), the Secretary of the Treasury shall assess a duty, in the amount prescribed under paragraph (2), on an agricultural safeguard good if the Secretary of the Treasury determines that the unit import price of the good when it enters the United States, determined on an F.O.B. basis, is less than the trigger price indicated for that good in Annex 3.18 of the Agreement or any amendment thereto.

“(2)

Calculation of additional duty.—

The amount of the additional duty assessed under this subsection shall be determined as follows:

“(A)

If the difference between the unit import price and the trigger price is less than, or equal to, 10 percent of the trigger price, no additional duty shall be imposed.

“(B)

If the difference between the unit import price and the trigger price is greater than 10 percent, but less than or equal to 40 percent, of the trigger price, the additional duty shall be equal to 30 percent of the difference between the preferential tariff rate and the column 1 general rate of duty imposed under the HTS on like articles at the time the additional duty is imposed.

“(C)

If the difference between the unit import price and the trigger price is greater than 40 percent, but less than or equal to 60 percent, of the trigger price, the additional duty shall be equal to 50 percent of the difference between the preferential tariff rate and the column 1 general rate of duty imposed under the HTS on like articles at the time the additional duty is imposed.

“(D)

If the difference between the unit import price and the trigger price is greater than 60 percent, but less than or equal to 75 percent, of the trigger price, the additional duty shall be equal to 70 percent of the difference between the preferential tariff rate and the column 1 general rate of duty imposed under the HTS on like articles at the time the additional duty is imposed.

“(E)

If the difference between the unit import price and the trigger price is greater than 75 percent of the trigger price, the additional duty shall be equal to 100 percent of the difference between the preferential tariff rate and the column 1 general rate of duty imposed under the HTS on like articles at the time the additional duty is imposed.

“(3)

Exceptions.—

No additional duty under this subsection shall be assessed on an agricultural safeguard good if, at the time of entry, the good is subject to import relief under—

“(A)

subtitle A of title III of this Act; or

“(B)

chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.).

“(4)

Termination.—

This subsection shall cease to apply on the date that is 12 years after the date on which the Agreement enters into force [Jan. 1, 2004].

“(5)

Tariff-rate quotas.—

If an agricultural safeguard good is subject to a tariff-rate quota, and the in-quota duty rate for the good proclaimed pursuant to subsection (a) or (b) is zero, any additional duty assessed under this subsection shall be applied only to over-quota imports of the good.

“(6)

Notice.—

Not later than 60 days after the Secretary of the Treasury first assesses additional duties on an agricultural safeguard good under this subsection, the Secretary shall notify the Government of Chile in writing of such action and shall provide to the Government of Chile data supporting the assessment of additional duties.

“(7)

Modification of trigger prices.—

Not later than 60 calendar days before agreeing with the Government of Chile pursuant to article 3.18(2)(b) of the Agreement on a modification to a trigger price for a good listed in Annex 3.18 of the Agreement, the President shall notify the Committees on Ways and Means and Agriculture of the House of Representatives and the Committees on Finance and Agriculture of the Senate of the proposed modification and the reasons therefor.

“(8)

Definitions.—

In this subsection:

“(A)

Agricultural safeguard good.—

The term ‘agricultural safeguard good’ means a good—

“(i)

that qualifies as an originating good under section 202;

“(ii)

that is included in the United States Agricultural Safeguard Product List set forth in Annex 3.18 of the Agreement; and

“(iii)

for which a claim for preferential tariff treatment under the Agreement has been made.

“(B)

F.O.B.—The term ‘F.O.B.’ means free on board, regardless of the mode of transportation, at the point of direct shipment by the seller to the buyer.

“(C)

Unit import price.—

The term ‘unit import price’ means the price expressed in dollars per kilogram.

“(d)

Conversion to Ad Valorem Rates.—

For purposes of subsections (a) and (b), with respect to any good for which the base rate in the Schedule of the United States to Annex 3.3 of the Agreement is a specific or compound rate of duty, the President may substitute for the base rate an ad valorem rate that the President determines to be equivalent to the base rate.

“SEC. 202.

RULES OF ORIGIN.

“(a)

Originating Goods.—

“(1)

In general.—

For purposes of this Act and for purposes of implementing the tariff treatment provided for under the Agreement, except as otherwise provided in this section, a good is an originating good if—

“(A)

the good is wholly obtained or produced entirely in the territory of Chile, the United States, or both;

“(B)

the good—

“(i)

is produced entirely in the territory of Chile, the United States, or both, and

“(I)

each of the nonoriginating materials used in the production of the good undergoes an applicable change in tariff classification specified in Annex 4.1 of the Agreement, or

“(II)

the good otherwise satisfies any applicable regional value-content or other requirements specified in Annex 4.1 of the Agreement; and

“(ii)

satisfies all other applicable requirements of this section; or

“(C)

the good is produced entirely in the territory of Chile, the United States, or both, exclusively from materials described in subparagraph (A) or (B).

“(2)

Simple combination or mere dilution.—

A good shall not be considered to be an originating good and a material shall not be considered to be an originating material by virtue of having undergone—

“(A)

simple combining or packaging operations; or

“(B)

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.