19 U.S.C. § 4012 — Relationship of the Agreement to United States and State law
submitted 21 years ago by Pub. L. 109-53 to r/title-19-CUSTOMS-DUTIES · 268 words · no verdicts yet
This section explains how the Agreement relates to United States and State law. It preserves conflicting United States law, limits challenges to State law and private remedies, and reserves specified challenges to the United States.
(a) Relationship of Agreement* to United States law. (1) No Agreement provision, or application to a person or circumstance, that conflicts with United States law has effect. (2) This chapter does not amend or change United States law or limit authority granted by United States law unless this chapter specifically says so.
(b) Relationship of Agreement to State law. (1) A State law or its application may not be declared invalid because it conflicts with the Agreement except in an action brought by the United States for that purpose. (2) “State law” includes a political subdivision’s law and State laws regulating or taxing insurance.
(c) Effect of Agreement with respect to private remedies. No person other than the United States (1) has a cause of action or defense under the Agreement or because Congress approved it, or (2) may challenge a United States, State, or political subdivision department, agency, or instrumentality’s action or inaction in any legal action because it conflicts with the Agreement.
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.
Nothing in this chapter shall be construed—
to amend or modify any law of the United States, or
to limit any authority conferred under any law of the United States,
unless specifically provided for in this chapter.
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.
For purposes of this subsection, the term “State law” includes—
any law of a political subdivision of a State; and
any State law regulating or taxing the business of insurance.
No person other than the United States—
shall have any cause of action or defense under the Agreement or by virtue of congressional approval thereof; or
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.
Source credit: (Pub. L. 109–53, title I, § 102, Aug. 2, 2005, 119 Stat. 464.)
- 2005Enacted · Pub. L. 109-53 · 119 Stat. 464
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-53 on 2005-08-02.
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