19 U.S.C. § 4206 — Treatment of certain trade agreements for which negotiations have already begun
submitted 11 years ago by Pub. L. 114-26 to r/title-19-CUSTOMS-DUTIES · 607 words · no verdicts yet
This section allows certain previously started trade negotiations to use the specified trade-authority treatment if the President gives Congress notice and consults with specified groups. It also creates a limited exception for an APEC environmental-goods agreement.
(a) Certain agreements. Despite the prenegotiation notice and consultation requirement in section 4204(a), subsection (b) applies if an agreement covered by section 4202(b), resulting from negotiations begun before June 29, 2015, (1) is under the World Trade Organization*; (2) is with Trans-Pacific Partnership countries for which notice was given consistently with section 4204(a)(1)(A) by June 29, 2015; (3) is with the European Union; (4) concerns international trade in services with WTO* members for which that notice was given by that date; or (5) concerns environmental goods with WTO members for which that notice was given by that date.
(b) Treatment of agreements. For an agreement covered by subsection (a), whether trade-authority procedures apply to its implementing bill is decided without considering section 4204(a)'s requirement for notice before negotiations begin. A resolution under section 4205(b)(1)(B), (3)(C), or (4)(C) cannot be considered in order because of failure or refusal to comply with section 4204(a), but only if, as soon as feasible after June 29, 2015, the President (1) tells Congress about the negotiations, the specific United States objectives, and whether a new agreement or changes to an existing one are sought; and (2) consults before and after sending the notice with the committees named in section 4204(a)(1)(B) and the House and Senate Advisory Groups on Negotiations under section 4203(c).
(c) First supplied version: APEC environmental goods. Despite section 4202(a)(2)'s notice requirement, the President may use section 4202(a)(1)(B)'s proclamation authority to carry out an APEC members' agreement reducing a duty rate on certain environmental goods in Annex C of the September 9, 2012 APEC Leaders Declaration, only if, as soon as feasible after December 18, 2015, and before using that authority, the President tells Congress about the related negotiations and specific United States objectives.
(c) Second supplied version: The same APEC authority and conditions apply, except the required notice must be given as soon as feasible after February 24, 2016, and before the authority is used.
Notwithstanding the prenegotiation notification and consultation requirement described in section 4204(a) of this title, if an agreement to which section 4202(b) of this title applies—
is entered into under the auspices of the World Trade Organization*,
is entered into with the Trans-Pacific Partnership countries with respect to which notifications have been made in a manner consistent with section 4204(a)(1)(A) of this title as of June 29, 2015,
is entered into with the European Union,
is an agreement with respect to international trade in services entered into with WTO* members with respect to which a notification has been made in a manner consistent with section 4204(a)(1)(A) of this title as of June 29, 2015, or
is an agreement with respect to environmental goods entered into with WTO members with respect to which a notification has been made in a manner consistent with section 4204(a)(1)(A) of this title as of June 29, 2015,
and results from negotiations that were commenced before June 29, 2015, subsection (b) shall apply.
In the case of any agreement to which subsection (a) applies, the applicability of the trade authorities procedures to implementing bills shall be determined without regard to the requirements of section 4204(a) of this title (relating only to notice prior to initiating negotiations), and any resolution under paragraph (1)(B), (3)(C), or (4)(C) of section 4205(b) of this title shall not be in order on the basis of a failure or refusal to comply with the provisions of section 4204(a) of this title, if (and only if) the President, as soon as feasible after June 29, 2015—
notifies Congress of the negotiations described in subsection (a), the specific United States objectives in the negotiations, and whether the President is seeking a new agreement or changes to an existing agreement; and
before and after submission of the notice, consults regarding the negotiations with the committees referred to in section 4204(a)(1)(B) of this title and the House and Senate Advisory Groups on Negotiations convened under section 4203(c) of this title.
Notwithstanding the notification requirement described in section 4202(a)(2) of this title, the President may exercise the proclamation authority provided for in section 4202(a)(1)(B) of this title to implement an agreement by members of the Asia-Pacific Economic Cooperation (APEC) to reduce any rate of duty on certain environmental goods included in Annex C of the APEC Leaders Declaration issued on September 9, 2012, if (and only if) the President, as soon as feasible after December 18, 2015, and before exercising proclamation authority under section 4202(a)(1)(B) of this title, notifies Congress of the negotiations relating to the agreement and the specific United States objectives in the negotiations.
Notwithstanding the notification requirement described in section 4202(a)(2) of this title, the President may exercise the proclamation authority provided for in section 4202(a)(1)(B) of this title to implement an agreement by members of the Asia-Pacific Economic Cooperation (APEC) to reduce any rate of duty on certain environmental goods included in Annex C of the APEC Leaders Declaration issued on September 9, 2012, if (and only if) the President, as soon as feasible after February 24, 2016, and before exercising proclamation authority under section 4202(a)(1)(B) of this title, notifies Congress of the negotiations relating to the agreement and the specific United States objectives in the negotiations.
Source credit: (Pub. L. 114–26, title I, § 107, June 29, 2015, 129 Stat. 355; Pub. L. 114–113, div. Q, title V, § 502, Dec. 18, 2015, 129 Stat. 3127; Pub. L. 114–125, title IX, § 916, Feb. 24, 2016, 130 Stat. 279.)
- 2015Enacted · Pub. L. 114-26 · 129 Stat. 355
- 2015Amended · Pub. L. 114-113 · 129 Stat. 3127
- 2016Amended · Pub. L. 114-125 · 130 Stat. 279
A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-26 on 2015-06-29.
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