§ 2432. Freedom of emigration in East-West trade

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1975

   Trade Act of 1974

   Pub. L. 93–618 title IV § 402 · 88 Stat. 1978

   Enacted · 19 U.S.C. § 2432

   Pub. L. 93–618, title IV, § 402, Jan. 3, 1975, 88 Stat. 2056

   Source evidence

   Code source credit
   Pub. L. 93–618, title IV, § 402, Jan. 3, 1975, 88 Stat. 2056

   Enacted provision · exact public law section
   19 USC 2432.SEC. 402. FREEDOM OF EMIGRATION IN EAST-WEST TRADE. (a) To assure the continued dedication of the United States to fundamental human rights, and notwithstanding any other provision of law, on or after the date of the enactment of this Act products from any nonmarket economy country shall not be eligible to receive nondiscriminatory treatment (most-favored-nation treatment), such country shall not participate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, directly or indirectly, and the President of the United States shall not conclude any commercial agreement with any such country, during the period beginning with the date on which the President determines that such country— (1) denies its citizens the right or opportunity to emigrate; (2) imposes more than a nominal tax on emigration or on the visas or other documents required for emigration, for any purpose or cause whatsoever; or (3) imposes more than a nominal tax, levy, fine, fee, or other charge on any citizen as a consequence of the desire of such citizen to emigrate to the country of his choice, and ending on the date on which the President determines that such country is no longer in violation of paragraph (1), (2), or (3). (b) After the date of the enactment of this Act, (A) products Nonmarket economy countries, products, eligibility. of a nonmarket economy country may be eligible to receive nondiscriminatory treatment (most-favored-nation treatment), (B) such country may participate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, and ((’) the President may conclude a commercial agreement Report to Congress. with such country, only after the President has submitted to the Congress a report indicating that such country is not in violation of paragraph (1), (2), or (3) of subsection (a). Such report with respect to such country shall include information as to the nature and implementation of emigration laws and policies and restrictions or discrimination applied to or against persons wishing to emigrate. The report required by this subsection shall be submitted initially as provided herein and, with current information, on or before each June 30 and December 31 thereafter so long as such treatment is received, such credits or guarantees are extended, or such agreement is in effect. (c) (1) During the 18-month period beginning on the date of the Waiver. enactment of this Act, the President is authorized to waive by Executive order the application of subsection (a) and (b) with respect to any country, if he reports to the Congress that— (A) he has determined that such waiver will substantially promote the objectives of this section; and (B) he has received assurances that the emigration practices of that country will henceforth lead substantially’ to the achievement of the objectives of this section. (2) During any period subsequent to the 18-month period referred to in paragraph (1), the President is authorized to waive by Executive order the application of subsections (a) and (b) with respect to any country, if the waiver authority granted by this subsection continues to apply to such country pursuant to subsection (d), and if he reports to the Congress that— (A) he has determined that such waiver will substantially promote the objectives of this section; and (B) he has received assurances that the emigration practices of that country will henceforth lead substantially to the achievement of the objectives of this section. (3) A waiver with respect to any country shall terminate on the Termination. day after the waiver authority granted by this subsection ceases to be effective with respect to such country pursuant to subsection (d). The President may, at any time, terminate by Executive order any waiver granted under this subsection. (d) (1) If the President determines that the extension of the waiver Waiver authority, extension. authority granted by subsection (c) (1) will substantially promote the objectives of this section, he may recommend to the Congress that such authority be extended for a period of 12 months. Any such recommendation shall— (A) be made not later than 30 days before the expiration of such authority; (B) be made in a document transmitted to the House of Representatives and the Senate setting forth his reasons for recommending the extension of such authority; and (C) include, for each country with respect to which a waiver granted under subsection (c)(1) is in effect, a determination that continuation of the waiver applicable to that country will substantially promote the objectives of this section, and a statement setting forth his reasons for such determination. (2) If the President recommends under paragraph (1) the extension of the waiver authority granted by subsection (c) (1), such authority shall continue in effect with respect to any county for a period of 12 months following the end of the 18-month period referred to in subsection (c) (1), if, before the end of such 18-month period, the House of Representatives and the Senate adopt, by an affirmative vote of a majority of the Members present and voting in each House and Ante, p. 2006. under the procedures set forth in section 153, a concurrent resolution approving the extension of such authority, and such resolution does not name such country as being excluded from such authority. Such authority shall cease to be effective with respect to any country named in such concurrent resolution on the date of the adoption of such concurrent resolution. If before the end of such 18-month period, a concurrent resolution approving the extension of such authority is not adopted by the House and the Senate, but both the House and Senate vote on the question of final passage of such a concurrent resolution and— (A) both the House and the Senate fail to pass such a concurrent resolution, the authority granted by subsection (c) (1) shall cease to be effective with respect to all countries at the end of such 18-month period; (B) both the House and the Senate pass such a concurrent resolution which names such country as being excluded from such authority, such authority shall cease to be effective with respect to such country at the end of such 18-month period; or (C) one House fails to pass such a concurrent resolution and the other House passes such a concurrent resolution which names such country as being excluded from such authority, such authority shall cease to be effective with respect to such country at the end of such 18-month period. (3) If the President recommends under paragraph (1) the extension of the waiver authority granted by subsection (c) (1), and at the end of the 18-month period referred to in subsection (c) (1) the House of Representatives and the Senate have not adopted a concurrent resolution approving the extension of such authority and subparagraph (A) of paragraph (2) does not apply, such authority shall continue in effect for a period of 60 days following the end of such 18-month period with respect to any country (except for any country with respect, to which such authority was not extended by reason of the application of subparagraph (B) or (C) of paragraph (2)), and shall continue in effect for a period of 12 months following the end of such 18-month period with respect to any such country if, before the end of such 60-day period, the House of Representatives and the Senate adopt, by an affirmative vote of a majority of the Members present and voting in each House and under the procedures set forth in section 153, a concurrent resolution approving the extension of such authority, and such resolution does not name such country as being excluded from such authority. Such authority shall cease to be effective with respect to any country named in such concurrent resolution on the date of the adoption of such concurrent resolution. If before the end of such 60-day period, a concurrent resolution approving the extension of such authority is not adopted by the House and Senate, but both the House and Senate vote on the question of final passage of such a concurrent resolution and— (A) both the House and the Senate fail to pass such a concurrent resolution, the authority granted by subsection (c) (1) shall cease to be effective with respect to all countries on the date of the vote on the question of final passage by the House which votes last; (B) both the House and the Senate pass such a concurrent resolution which names such country as being excluded from such authority, such authority shall cease to be effective with respect to such country at the end of such 60-day period; or (C) one House fails to pass such a concurrent resolution and the other House passes such a concurrent resolution which names such country as being excluded from such authority, such authority shall cease to be effective with respect to such country at the end of such 60-day period. (4) If the President recommends under paragraph (1) the extension of the waiver authority granted by subsection (c) (1), and at the end of the 60-day period referred to in paragraph (3) the. House of Representatives and the Senate have not adopted a concurrent resolution approving the extension of such authority and subparagraph (A) of paragraph (3) does not apply, such authority shall continue in effect until the end of the 12-month period following the end of the 18-month period referred to in subsection (c) (1) with respect to any country (except for any country with respect to which such authority was not extended by reason of the application of subparagraph (B) or (C) of paragraph (2) or subparagraph (B) or (C) of paragraph (3)), unless before the end of the 45-day period following such 60-day period either the House of Representatives or the Senate adopts, by an affirmative vote of a majority of the Members present and voting in that House and under the procedures set forth in section 153, a resolution disapproving the extension of such authority generally or with respect to such country specifically. Such authority shall cease to be effective with respect to all countries on the date of the adoption by either House before the end of such 45-day period of a resolution disapproving the extension of such authority, and shall cease to be effective with respect to any country on the date of the adoption by either House before the end of such 45-day period of a resolution disapproving the extension of such authority with respect to such country. (5) If the waiver authority granted by subsection (c) has been Waiver authority, further extension. extended under paragraph (3) or (4) for any country for the 12-month period referred to in such paragraphs, and the President determines that the further extension of such authority will substantially promote the objectives of this section, he may recommend further extensions of such authority for successive. 12-month periods. Any such recommendations shall— (A) be made not later than 30 days before the expiration of such authority; (B) be made in a document transmitted to the House of Representatives and the Senate setting forth his reasons for recommending the extension of such authority; and (C) include, for each country with respect to which a waiver granted under subsection (c) is in effect, a determination that continuation of the waiver applicable to that country will substantially promote the objectives of this section, and a statement setting forth his reasons for such determination. If the President, recommends the further extension of such authority, such authority shall continue in effect until the end of the 12-month period following the end of the previous 12-month extension with respect to any country (except for any country with respect to which such authority has not been extended under this subsection), unless before the end of the 60-day period following such previous 12-month extension, either the House of Representatives or the Senate adopts, by an affirmative vote of a majority of the Members present and voting in that House and under the procedures set forth in section 153, a Ante, p. 2006. resolution disapproving the extension of such authority generally or with respect to such country specifically. Such authority shall cease to be effective with respect to all countries on the date of the adoption by either House before the end of such 60-day period of a resolution disapproving the extension of such authority, and shall cease to be effective with respect to any country on the date of the adoption by either House before the end of such 60-day period of a resolution disapproving the extension of such authority with respect to such country. (e) This section shall not apply to any country the products of which are eligible for the rates set forth in rate column numbered 1 19 USC 1202. of the Tariff Schedules of the United States on the date of the enactment of this Act.

2. 1979

   Trade Agreements Act of 1979

   Pub. L. 96–39 title XI § 1106(f)(1) · 93 Stat. 144

   Substituted · 19 U.S.C. § 2432(c)(1)

   Pub. L. 96–39 substituted “subsections (a) and (b)” for “subsection (a) and (b)” in provisions preceding subpar. (A)

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 96–39 substituted “subsections (a) and (b)” for “subsection (a) and (b)” in provisions preceding subpar. (A).

   Enacted provision · exact public law section
   (1) Section 402(c)(1) is amended by striking out “subsection (a)” and inserting in lieu thereof “subsections (a)”.

3. 1990

   Customs and Trade Act of 1990

   Pub. L. 101–382 § 132(a)(1) · 104 Stat. 629

   1. Redesignated · 19 U.S.C. § 2432(d)(1)

      Pub. L. 101–382, § 132(a)(1), (2)(A), (B), redesignated par. (5) as (1)

   2. Substituted · 19 U.S.C. § 2432(d)(1)

      Pub. L. 101–382, § 132(a)(1), (2)(A), (B), substituted “If the President determines that the further extension of the waiver authority granted under subsection (c) will” for “If the waiver authority granted by subsection (c) has been extended under paragraph (3) or (4) for any country for the 12-month period referred to in such paragraphs, and the President determines that the further extension of such authority will” in introductory provisions

   3. Substituted · 19 U.S.C. § 2432(d)(1)

      Pub. L. 101–382, § 132(a)(1), (2)(A), (B), substituted “, unless a joint resolution described in section 2193(a) of this title is enacted into law pursuant to the provisions of paragraph (2).” for “, unless before the end of the 60-day period following such previous 12-month extension, either the House of Representatives or the Senate adopts, by an affirmative vote of a majority of the Members present and voting in that House and under the procedures set forth in section 2193 of this title, a resolution disapproving the extension of such authority generally or with respect to such country specifically. Such authority shall cease to be effective with respect to all countries on the date of the adoption by either House before the end of such 60-day period of a resolution disapproving the extension of such authority, and shall cease to be effective with respect to any country on the date of the adoption by either House before the end of such 60-day period of a resolution disapproving the extension of such authority with respect to such country.” in concluding provisions

   4. Struck · 19 U.S.C. § 2432(d)(1)

      Pub. L. 101–382, § 132(a)(1), (2)(A), (B), struck out former par. (1) which read as follows: “If the President determines that the extension of the waiver authority granted by subsection (c)(1) will substantially promote the objectives of this section, he may recommend to the Congress that such authority be extended for a period of 12 months. Any such recommendation shall—

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 101–382, § 132(a)(1), (2)(A), (B), redesignated par. (5) as (1), and substituted “If the President determines that the further extension of the waiver authority granted under subsection (c) will” for “If the waiver authority granted by subsection (c) has been extended under paragraph (3) or (4) for any country for the 12-month period referred to in such paragraphs, and the President determines that the further extension of such authority will” in introductory provisions, substituted “, unless a joint resolution described in section 2193(a) of this title is enacted into law pursuant to the provisions of paragraph (2).” for “, unless before the end of the 60-day period following such previous 12-month extension, either the House of Representatives or the Senate adopts, by an affirmative vote of a majority of the Members present and voting in that House and under the procedures set forth in section 2193 of this title, a resolution disapproving the extension of such authority generally or with respect to such country specifically. Such authority shall cease to be effective with respect to all countries on the date of the adoption by either House before the end of such 60-day period of a resolution disapproving the extension of such authority, and shall cease to be effective with respect to any country on the date of the adoption by either House before the end of such 60-day period of a resolution disapproving the extension of such authority with respect to such country.” in concluding provisions, and struck out former par. (1) which read as follows: “If the President determines that the extension of the waiver authority granted by subsection (c)(1) will substantially promote the objectives of this section, he may recommend to the Congress that such authority be extended for a period of 12 months. Any such recommendation shall—

   “(A) be made not later than 30 days before the expiration of such authority; “(B) be made in the document transmitted to the House of Representatives and the Senate setting forth his reasons for recommending the extension of such authority; and “(C) include, for each country with respect to which a waiver granted under subsection (c)(1) is in effect, a determination that continuation of the waiver applicable to that country will substantially promote the objectives of this section, and a statement setting forth his reasons for such determination.”

   Enacted provision · exact public law section
   (1) Paragraph (5) of section 402(d) of the Trade Act of 1974 (19 U.S.C. 2432(d)(5)) is amended— (A) by striking out “the waiver authority granted by subsection (c) has been extended under paragraph (3) or (4) for any country for the 12-month period referred to in such paragraphs, and”, (B) by striking out “such authority will” in the first sentence thereof and inserting in lieu thereof “the waiver authority granted under subsection (c) will”, and (C) by striking out “, unless” in the next to the last sentence and all that follows through the end of such paragraph and inserting “, unless a joint resolution described in section 153(a) is enacted into law pursuant to the provisions of paragraph (2).”.

   Effective date note
   Pub. L. 101–382, title I, § 132(d), Aug. 20, 1990, 104 Stat. 647, provided that:

4. 1990

   Customs and Trade Act of 1990

   Pub. L. 101–382 § 132(a)(2)(A) · 104 Stat. 629

   1. Added · 19 U.S.C. § 2432(d)(2)

      Pub. L. 101–382, § 132(a)(2)(A), (C), added par. (2)

   2. Struck · 19 U.S.C. § 2432(d)(2)

      Pub. L. 101–382, § 132(a)(2)(A), (C), struck out former par. (2) which authorized extension of waiver authority for 12-month period upon recommendation of President and adoption of concurrent resolution approving extension of authority and not excluding country, and provided procedures if such resolution was not adopted

   Source evidence

   Code amendment note
   Subsec. (d)(2). Pub. L. 101–382, § 132(a)(2)(A), (C), added par. (2) and struck out former par. (2) which authorized extension of waiver authority for 12-month period upon recommendation of President and adoption of concurrent resolution approving extension of authority and not excluding country, and provided procedures if such resolution was not adopted.

   Enacted provision · exact public law section
   (A) by striking out paragraphs (1), (2), (3), and (4),

   Effective date note
   Pub. L. 101–382, title I, § 132(d), Aug. 20, 1990, 104 Stat. 647, provided that:

5. 1990

   Customs and Trade Act of 1990

   Pub. L. 101–382 § 132(a)(2)(A) · 104 Stat. 629

   1. Struck · 19 U.S.C. § 2432(d)(3); 19 U.S.C. § 2432(d)(4)

      Pub. L. 101–382, § 132(a)(2)(A), struck out par. (3) which authorized extension of waiver authority upon recommendation of President for 60 days, and for 12 months if before end of 60-day period concurrent resolution was adopted approving extension of authority and failing to exclude particular country, and provided procedures if such resolution was not adopted

   2. Struck · 19 U.S.C. § 2432(d)(3); 19 U.S.C. § 2432(d)(4)

      Pub. L. 101–382, § 132(a)(2)(A), struck out par. (4) which authorized extension of waiver authority for 12 months upon recommendation of President if Congress failed to adopt concurrent resolution approving extension under par. (3) and also failed to adopt, in 45-day period following 60-day period, concurrent resolution disapproving extension generally or with respect to particular country

   Source evidence

   Code amendment note
   Subsec. (d)(3), (4). Pub. L. 101–382, § 132(a)(2)(A), struck out par. (3) which authorized extension of waiver authority upon recommendation of President for 60 days, and for 12 months if before end of 60-day period concurrent resolution was adopted approving extension of authority and failing to exclude particular country, and provided procedures if such resolution was not adopted, and struck out par. (4) which authorized extension of waiver authority for 12 months upon recommendation of President if Congress failed to adopt concurrent resolution approving extension under par. (3) and also failed to adopt, in 45-day period following 60-day period, concurrent resolution disapproving extension generally or with respect to particular country.

   Enacted provision · exact public law section
   (A) by striking out paragraphs (1), (2), (3), and (4),

   Effective date note
   Pub. L. 101–382, title I, § 132(d), Aug. 20, 1990, 104 Stat. 647, provided that:

6. 1990

   Customs and Trade Act of 1990

   Pub. L. 101–382 § 132(a)(2)(B) · 104 Stat. 629

   Redesignated · 19 U.S.C. § 2432(d)(5)

   Pub. L. 101–382, § 132(a)(2)(B), redesignated par. (5) as (1)

   Source evidence

   Code amendment note
   Subsec. (d)(5). Pub. L. 101–382, § 132(a)(2)(B), redesignated par. (5) as (1).

   Enacted provision · exact public law section
   (B) by redesignating paragraph (5) as paragraph (1), and

   Effective date note
   Pub. L. 101–382, title I, § 132(d), Aug. 20, 1990, 104 Stat. 647, provided that:

7. 1998

   Internal Revenue Service Restructuring and Reform Act of 1998

   Pub. L. 105–206 title V § 5003(b)(2)(A) · 112 Stat. 685

   Substituted · 19 U.S.C. § 2432(a); 19 U.S.C. § 2432(b)

   Pub. L. 105–206 substituted “(normal trade relations)” for “(most-favored-nation treatment)”

   Source evidence

   Code amendment note
   Subsecs. (a), (b). Pub. L. 105–206 substituted “(normal trade relations)” for “(most-favored-nation treatment)”.

   Enacted provision · exact public law section
   (A) Section 402 of the Trade Act of 1974 (19 U.S.C. 2432) is amended by striking “(most-favored-nation treatment)” each place it appears and inserting “(normal trade relations)”.

12 of 12 references resolved to an enrolled provision