19 U.S.C. § 2514 — Expansion of the coverage of the Agreement
submitted 47 years ago by Pub. L. 96-39 to r/title-19-CUSTOMS-DUTIES · 562 words · no verdicts yet
The President must pursue broader and fairer foreign access for United States products in government procurement. The section also requires negotiation reports and consultations before certain waivers.
(a) Overall negotiating objective. In the renegotiations required by article XXIV(7) of the Agreement*, the President must seek more open and fair access to foreign markets and the harmonization, reduction, or elimination of devices that distort trade or commerce connected with government purchasing. The overall goal is to maximize the United States' economic benefit by maintaining and expanding foreign markets for United States farm, industrial, mining, and commercial products; developing fair and equal market opportunities; and promoting open, nondiscriminatory world trade. The President must consider the assessment in the report required by section 2516(a).
(b) Sector negotiating objectives. Consistent with subsection (a), and as far as feasible, the President must seek, for appropriate product sectors, export opportunities for United States products in developed countries* that are equivalent to the opportunities the United States provides, considering all trade barriers and other distortions affecting each sector.
(c) Independent verification objective. The President must seek to establish, in the article XXIV(7) renegotiation, an independent system for checking information that Agreement parties give the Committee on Government Procurement under article XIX(5).
(d) Reports on negotiations. (1) If the President decides during the renegotiations that progress is unsatisfactory and that, within 12 months after they begin, they probably will not expand the Agreement to cover purchases by the developed countries' government entities that are the main purchasers in appropriate product sectors, the President must report that decision to the congressional committees listed in section 2512(c)(1). Considering subsections (a) and (b) and the factors section 2512(c) requires, the President must also report suitable actions for seeking reciprocity with those countries in those sectors for government purchasing. (2) Considering the factors section 2512(c) requires, the President may recommend legislation that could bar uncovered United States Government entities from buying products of those countries. (3) Each presidential annual report under section 163(a) of the Trade Act of 1974 made after July 26, 1979 must state any actions the President considered appropriate to establish reciprocity in appropriate product sectors with major industrial countries for government purchasing.
(e) Extension of nondiscrimination and national treatment. Before using section 2511's waiver authority for purchasing not covered by the Agreement when the Agreement takes effect for the United States, the President must follow the private-sector and congressional consultation rules in section 135 and title I, chapter 6 of the Trade Act of 1974.
The President shall seek in the renegotiations provided for in article XXIV(7) of the Agreement* more open and equitable market access abroad, and the harmonization, reduction, or elimination of devices which distort trade or commerce related to Government procurement, with the overall goal of maximizing the economic benefit to the United States through maintaining and enlarging foreign markets for products of United States agriculture, industry, mining, and commerce, the development of fair and equitable market opportunities, and open and nondiscriminatory world trade. In carrying out the provisions of this subsection, the President shall consider the assessment made in the report required under section 2516(a) 1 of this title.
The President shall seek, consistent with the overall objective set forth in subsection (a) and to the maximum extent feasible, with respect to appropriate product sectors, competitive opportunities for the export of United States products to the developed countries* of the world equivalent to the competitive opportunities afforded by the United States, taking into account all barriers to, and other distortions of, international trade affecting that sector.
The President shall seek to establish in the renegotiation provided for in article XXIV(7) of the Agreement a system for independent verification of information provided by parties to the Agreement to the Committee on Government Procurement pursuant to article XIX(5) of the Agreement.
If, during the renegotiations of the Agreement, the President at any time determines that the renegotiations are not progressing satisfactorily and are not likely to result, within twelve months of the commencement thereof, in an expansion of the Agreement to cover purchases by the entities of the governments of developed countries which are the principal purchasers of goods and equipment in appropriate product sectors, he shall so report to the congressional committees referred to in section 2512(c)(1) of this title. Taking into account the objectives set forth in subsections (a) and (b) of this section and the factors required to be analyzed under section 2512(c) of this title, the President shall further report to such committees appropriate actions to seek reciprocity in such product sectors with such countries in the area of government procurement.
Taking into account the factors required to be analyzed under section 2512(c) of this title, the President may recommend to the Congress legislation (with respect to entities of the Government which are not covered by the Agreement) which may prohibit such entities from purchasing products of such countries.
Each annual report of the President under section 163(a) of the Trade Act of 1974 [19 U.S.C. 2213(a)] made after July 26, 1979 shall report the actions, if any, the President deemed appropriate to establish reciprocity in appropriate product sectors with major industrial countries in the area of government procurement.
Before exercising the waiver authority in section 2511 of this title for procurement not covered by the Agreement on the date it enters into force with respect to the United States, the President shall follow the consultation provisions of section 135 [19 U.S.C. 2155] and chapter 6 of title I of the Trade Act of 1974 [19 U.S.C. 2211 et seq.] for private sector and congressional consultations.
Source credit: (Pub. L. 96–39, title III, § 304, July 26, 1979, 93 Stat. 238; Pub. L. 103–465, title III, § 342(b), Dec. 8, 1994, 108 Stat. 4953; Pub. L. 104–295, § 20(c)(11), Oct. 11, 1996, 110 Stat. 3528.)
- 1979Enacted · Pub. L. 96-39 · 93 Stat. 238
- 1994Amended · Pub. L. 103-465 · 108 Stat. 4953
- 1996Amended · Pub. L. 104-295 · 110 Stat. 3528
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-39 on 1979-07-26.
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