Title 19 — Customs Duties
Chapter 15 — Caribbean Basin Economic Recovery
§ 2702. Beneficiary country
Statutory text
Definitions; termination of designation
For purposes of this chapter—
The term “beneficiary country” means any country listed in subsection (b) with respect to which there is in effect a proclamation by the President designating such country as a beneficiary country for purposes of this chapter. Before the President designates any country as a beneficiary country for purposes of this chapter, he shall notify the House of Representatives and the Senate of his intention to make such designation, together with the considerations entering into such decision.
The term “entered” means entered, or withdrawn from warehouse for consumption, in the customs territory of the United States.
The term “HTS” means Harmonized Tariff Schedule of the United States.
The term “USMCA” has the meaning given that term in section 4502 of this title.
The terms “WTO” and “WTO member” have the meanings given those terms in section 3501 of this title.
The term “former beneficiary country” means a country that ceases to be designated as a beneficiary country under this chapter because the country has become a party to a free trade agreement with the United States.
If the President has designated any country as a beneficiary country for purposes of this chapter, he shall not terminate such designation (either by issuing a proclamation for that purpose or by issuing a proclamation which has the effect of terminating such designation) unless, at least sixty days before such termination, he has notified the House of Representatives and the Senate and has notified such country of his intention to terminate such designation, together with the considerations entering into such decision.
Countries eligible for designation as beneficiary countries; conditions
In designating countries as “beneficiary countries” under this chapter the President shall consider only the following countries and territories or successor political entities:
In addition, the President shall not designate any country a beneficiary country under this chapter—
if such country is a Communist country;
if such country—
has nationalized, expropriated or otherwise seized ownership or control of property owned by a United States citizen or by a corporation, partnership, or association which is 50 per centum or more beneficially owned by United States citizens,
has taken steps to repudiate or nullify—
any existing contract or agreement with, or
any patent, trademark, or other intellectual property of,
a United States citizen or a corporation, partnership, or association which is 50 per centum or more beneficially owned by United States citizens, the effect of which is to nationalize, expropriate, or otherwise seize ownership or control of property so owned, or
has imposed or enforced taxes or other exactions, restrictive maintenance or operational conditions, or other measures with respect to property so owned, the effect of which is to nationalize, expropriate, or otherwise seize ownership or control of such property, unless the President determines that—
prompt, adequate, and effective compensation has been or is being made to such citizen, corporation, partnership, or association,
good-faith negotiations to provide prompt, adequate, and effective compensation under the applicable provisions of international law are in progress, or such country is otherwise taking steps to discharge its obligations under international law with respect to such citizen, corporation, partnership, or association, or
a dispute involving such citizen, corporation, partnership, or association, over compensation for such a seizure has been submitted to arbitration under the provisions of the Convention for the Settlement of Investment Disputes, or in another mutually agreed upon forum, and
promptly furnishes a copy of such determination to the Senate and House of Representatives;
if such country fails to act in good faith in recognizing as binding or in enforcing arbitral awards in favor of United States citizens or a corporation, partnership or association which is 50 per centum or more beneficially owned by United States citizens, which have been made by arbitrators appointed for each case or by permanent arbitral bodies to which the parties involved have submitted their dispute;
if such country affords preferential treatment to the products of a developed country, other than the United States, which has, or is likely to have, a significant adverse effect on United States commerce, unless the President has received assurances satisfactory to him that such preferential treatment will be eliminated or that action will be taken to assure that there will be no such significant adverse effect, and he reports those assurances to the Congress;
if a government-owned entity in such country engages in the broadcast of copyrighted material, including films or television material, belonging to United States copyright owners without their express consent;
unless such country is a signatory to a treaty, convention, protocol, or other agreement regarding the extradition of United States citizens; and
if such country has not or is not taking steps to afford internationally recognized worker rights (as defined in section 2467(4) of this title) to workers in the country (including any designated zone in that country).
Paragraphs (1), (2), (3), (5), and (7) shall not prevent the designation of any country as a beneficiary country under this Act if the President determines that such designation will be in the national economic or security interest of the United States and reports such determination to the Congress with his reasons therefor.
Factors determining designation
In determining whether to designate any country a beneficiary country under this chapter, the President shall take into account—
an expression by such country of its desire to be so designated;
the economic conditions in such country, the living standards of its inhabitants, and any other economic factors which he deems appropriate;
the extent to which such country has assured the United States it will provide equitable and reasonable access to the markets and basic commodity resources of such country;
the degree to which such country follows the accepted rules of international trade provided for under the WTO Agreement and the multilateral trade agreements (as such terms are defined in paragraphs (9) and (4), respectively, of section 3501 of this title);
the degree to which such country uses export subsidies or imposes export performance requirements or local content requirements which distort international trade;
the degree to which the trade policies of such country as they relate to other beneficiary countries are contributing to the revitalization of the region;
the degree to which such country is undertaking self-help measures to promote its own economic development;
whether or not such country has taken or is taking steps to afford to workers in that country (including any designated zone in that country) internationally recognized worker rights.1
the extent to which such country provides under its law adequate and effective means for foreign nationals to secure, exercise, and enforce exclusive rights in intellectual property, including patent, trademark, and copyright rights;
the extent to which such country prohibits its nationals from engaging in the broadcast of copyrighted material, including films or television material, belonging to United States copyright owners without their express consent; and
the extent to which such country is prepared to cooperate with the United States in the administration of the provisions of this chapter.
Omitted
Withdrawal or suspension of duty-free treatment to specific articles
The President may, after the requirements of subsection (a)(2) and paragraph (2) have been met—
withdraw or suspend the designation of any country as a beneficiary country, or
withdraw, suspend, or limit the application of duty-free treatment under this chapter to any article of any country,
if, after such designation, the President determines that as a result of changed circumstances such country would be barred from designation as a beneficiary country under subsection (b).
The President may, after the requirements of subsection (a)(2) and paragraph (2) have been met—
withdraw or suspend the designation of any country as a CBTPA beneficiary country; or
withdraw, suspend, or limit the application of preferential treatment under section 2703(b)(2) and (3) of this title to any article of any country,
if, after such designation, the President determines that, as a result of changed circumstances, the performance of such country is not satisfactory under the criteria set forth in section 2703(b)(5)(B) of this title.
The President shall publish in the Federal Register notice of the action the President proposes to take under paragraph (1) at least 30 days prior to taking such action.
The United States Trade Representative shall, within the 30-day period beginning on the date on which the President publishes under subparagraph (A) notice of proposed action—
accept written comments from the public regarding such proposed action,
hold a public hearing on such proposed action, and
publish in the Federal Register—
notice of the time and place of such hearing prior to the hearing, and
the time and place at which such written comments will be accepted.
If preferential treatment under section 2703(b)(2) and (3) of this title is withdrawn, suspended, or limited with respect to a CBTPA beneficiary country, such country shall not be deemed to be a “party” for the purposes of applying section 2703(b)(5)(C) of this title to imports of articles for which preferential treatment has been withdrawn, suspended, or limited with respect to such country.
Reporting requirements
In general
Not later than , and every 2 years thereafter during the period this chapter is in effect, the United States Trade Representative shall submit to Congress a report regarding the operation of this chapter, including—
with respect to subsections (b) and (c), the results of a general review of beneficiary countries based on the considerations described in such subsections; and
the performance of each beneficiary country or CBTPA beneficiary country, as the case may be, under the criteria set forth in section 2703(b)(5)(B) of this title.
Public comment
Before submitting the report described in paragraph (1), the United States Trade Representative shall publish a notice in the Federal Register requesting public comments on whether beneficiary countries are meeting the criteria listed in section 2703(b)(5)(B) of this title.
Footnotes
- 1 So in original. The period probably should be a semicolon.
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.
Pub. L. 98–67 title II § 212 · 97 Stat. 369
Enacted · 19 U.S.C. § 2702
Pub. L. 98–67, title II, § 212, Aug. 5, 1983, 97 Stat. 384
Source evidence
Code source credit
Pub. L. 98–67, title II, § 212, Aug. 5, 1983, 97 Stat. 384Enacted provision · exact public law section
SEC. 212. BENEFICIARY COUNTRY. (a) (1) For purposes of this title— (A) The term “beneficiary country” means any country listed in subsection (b) with respect to which there is in effect a proclamation by the President designating such country as a beneficiary country for purposes of this title. Before the President designates any country as a Designation, notification of Congress. beneficiary country for purposes of this title, he shall notify the House of Representatives and the Senate of his intention to make such designation, together with the considerations entering into such decision. (B) The term “entered” means entered, or withdrawn from warehouse for consumption, in the customs territory of the United States. (C) The term “TSUS” means Tariff Schedules of the United States (19 U.S.C. 1202). (2) If the President has designated any country as a beneficiary Termination, notification of Congress. country for purposes of this title, he shall not terminate such designation (either by issuing a proclamation for that purpose or by issuing a proclamation which has the effect of terminating such designation) unless, at least sixty days before such termination, he has notified the House of Representatives and the Senate and has notified such country of his intention to terminate such designation, together with the considerations entering into such decision. (b) In designating countries as “beneficiary countries” under this Eligible countries. title the President shall consider only the following countries and territories or successor political entities: Anguilla Jamaica Antigua and Barbuda Nicaragua Bahamas, The Panama Barbados Saint Lucia Belize Saint Vincent and the Grenadines Costa Rica Suriname Dominica Trinidad and Tobago Dominican Republic Cayman Islands El Salvador Montserrat Grenada Netherlands Antilles Guatemala Saint Christopher-Nevis Guyana Turks and Caicos Islands Haiti Virgin Islands, British Honduras In addition, the President shall not designate any country a beneficiary Restrictions. country under this title— (1) if such country is a Communist country; (2) if such country— (A) has nationalized, expropriated or otherwise seized ownership or control of property owned by a United States citizen or by a corporation, partnership, or association which is 50 per centum or more beneficially owned by United States citizens, (B) has taken steps to repudiate or nullify— (i) any existing contract or agreement with, or (ii) any patent, trademark, or other intellectual property of, a United States citizen or a corporation, partnership, or association which is 50 per centum or more beneficially owned by United States citizens, the effect of which is to nationalize, expropriate, or otherwise seize ownership or control of property so owned, or (C) has imposed or enforced taxes or other exactions, restrictive maintenance or operational conditions, or other measures with respect to property so owned, the effect of which is to nationalize, expropriate, or otherwise seize ownership or control of such property, unless the President determines that— (i) prompt, adequate, and effective compensation has been or is being made to such citizen, corporation, partnership, or association, (ii) good-faith negotiations to provide prompt, adequate, and effective compensation under the applicable provisions of international law are in progress, or such country is otherwise taking steps to discharge its obligations under international law with respect to such citizen, corporation, partnership, or association, or (iii) a dispute involving such citizen, corporation, partnership, or association, over compensation for such a seizure has been submitted to arbitration under the provisions of the Convention for the Settlement of Investment Disputes, or in another mutually agreed upon forum, and promptly furnishes a copy of such determination to the Senate and House of Representatives; (3) if such country fails to act in good faith in recognizing as binding or in enforcing arbitral awards in favor of United States citizens or a corporation, partnership or association which is 50 per centum or more beneficially owned by United States citizens, which have been made by arbitrators appointed for each case or by permanent arbitral bodies to which the parties involved have submitted their dispute; (4) if such country affords preferential treatment to the products of a developed country, other than the United States, which has, or is likely to have, a significant adverse effect on United States commerce, unless the President has received assurances satisfactory to him that such preferential treatment will be eliminated or that action will be taken to assure that there will be no such significant adverse effect, and he reports those assurances to the Congress; (5) if a government-owned entity in such country engages in the broadcast of copyrighted material, including films or television material, belonging to United States copyright owners without their express consent; (6) if such country does not take adequate steps to cooperate with the United States to prevent narcotic drugs and other controlled substances (as listed in the schedules in section 202 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 812)) produced, processed, or transported in such country from entering the United States unlawfully; and (7) unless such country is a signatory to a treaty, convention, protocol, or other agreement regarding the extradition of United States citizens. Paragraphs (1), (2), (3), and (5) shall not prevent the designation of any country as a beneficiary country under this Act if the President determines that such designation will be in the national economic or security interest of the United States and reports such determination to the Congress with his reasons therefor. (c) In determining whether to designate any country a beneficiary country under this title, the President shall take into account— (1) an expression by such country of its desire to be so designated; (2) the economic conditions in such country, the living standards of its inhabitants, and any other economic factors which he deems appropriate; (3) the extent to which such country has assured the United States it will provide equitable and reasonable access to the markets and basic commodity resources of such country; (4) the degree to which such country follows the accepted rules of international trade provided for under the General Agreement on Tariffs and Trade, as well as applicable trade agreements approved under section 2(a) of the Trade Agreements Act of 1979; (5) the degree to which such country uses export subsidies or imposes export performance requirements or local content requirements which distort international trade; (6) the degree to which the trade policies of such country as they relate to other beneficiary countries are contributing to the revitalization of the region; (7) the degree to which such country is undertaking self-help measures to promote its own economic development; (8) the degree to which workers in such country are afforded reasonable workplace conditions and enjoy the right to organize and bargain collectively; (9) the extent to which such country provides under its law adequate and effective means for foreign nationals to secure, exercise, and enforce exclusive rights in intellectual property, including patent, trademark, and copyright rights; (10) the extent to which such country prohibits its nationals from engaging in the broadcast of copyrighted material, including films or television material, belonging to United States copyright owners without their express consent; and (11) the extent to which such country is prepared to cooperate with the United States in the administration of the provisions of this title. (d) General headnote 3(a) of the TSUS (relating to products of the U.S. insular possessions. 19 USC 1202. insular possessions) is amended by adding at the end thereof the following paragraph: “(iv) Subject to the provisions in section 213 of the Caribbean Basin Economic Recovery Act, articles which are imported from Infra. insular possessions of the United States shall receive duty treatment no less favorable than the treatment afforded such articles when they are imported from a beneficiary country under such Act.”. (e) The President shall, after complying with the requirements of Withdrawal or suspension. 19 USC 2702. subsection (a)(2), withdraw or suspend the designation of any country as a beneficiary country if, after such designation, he determines that as the result of changed circumstances such country would be barred from designation as a beneficiary country under subsection (b).Anti-Drug Abuse Act of 1986
Pub. L. 99–570 title IX § 9002(b) · 100 Stat. 3207
Redesignated · 19 U.S.C. § 2702(b)(6); 19 U.S.C. § 2702(b)(7)
Pub. L. 99–570 redesignated par. (7) as (6)
Struck · 19 U.S.C. § 2702(b)(6); 19 U.S.C. § 2702(b)(7)
Pub. L. 99–570 struck out former par. (6) which provided that the President shall not designate a country as a beneficiary country under this chapter if the country does not take adequate steps to cooperate with the United States to prevent narcotic drugs and other controlled substances produced, processed, or transported in the country from entering the United States unlawfully
Source evidence
Code amendment note
Subsec. (b)(6), (7). Pub. L. 99–570 redesignated par. (7) as (6) and struck out former par. (6) which provided that the President shall not designate a country as a beneficiary country under this chapter if the country does not take adequate steps to cooperate with the United States to prevent narcotic drugs and other controlled substances produced, processed, or transported in the country from entering the United States unlawfully.Enacted provision · exact public law section
(b) Caribbean Basin Economic Recovery.— Section 212(b) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702(b)) is amended— (1) by inserting “and” after the semicolon at the end of paragraph (5); (2) by striking out paragraph (6); and (3) by redesignating paragraph (7) as paragraph (6).Omnibus Trade and Competitiveness Act of 1988
Pub. L. 100–418 § 1214(q)(1) · 102 Stat. 1107
Substituted · 19 U.S.C. § 2702(a)(1)(C)
Pub. L. 100–418, § 1214(q)(1), substituted “HTS” and “Harmonized Tariff Schedule of the United States” for “TSUS” and “Tariff Schedules of the United States”, respectively
Source evidence
Code amendment note
Subsec. (a)(1)(C). Pub. L. 100–418, § 1214(q)(1), substituted “HTS” and “Harmonized Tariff Schedule of the United States” for “TSUS” and “Tariff Schedules of the United States”, respectively.Enacted provision · exact public law section
(1) Section 212(a)(1)(C) (19 U.S.C. 2702(a)(1)(C)) is amended by striking out “ ‘TSUS’ means Tariff Schedules of the United States” and inserting “ ‘HTS’ means Harmonized Tariff Schedule of the United States”.Omnibus Trade and Competitiveness Act of 1988
Pub. L. 100–418 § 1909(c) · 102 Stat. 1107
Amended · 19 U.S.C. § 2702(e)
Pub. L. 100–418, § 1909(c), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “The President shall, after complying with the requirements of subsection (a)(2) of this section, withdraw or suspend the designation of any country as a beneficiary country if, after such designation, he determines that as the result of changed circumstances such country would be barred from designation as a beneficiary country under subsection (b) of this section.”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 100–418, § 1909(c), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “The President shall, after complying with the requirements of subsection (a)(2) of this section, withdraw or suspend the designation of any country as a beneficiary country if, after such designation, he determines that as the result of changed circumstances such country would be barred from designation as a beneficiary country under subsection (b) of this section.”Enacted provision · exact public law section
(c) Withdrawal or Suspension of Duty-Free Treatment to Specific Articles.— Subsection (e) of section 212 of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702(e)) is amended to read as follows: “(e) (1) The President may, after the requirements of subsection (a)(2) and paragraph (2) have been met— “(A) withdraw or suspend the designation of any country as a beneficiary country, or “(B) withdraw, suspend, or limit the application of duty-free treatment under this subtitle to any article of any country, if, after such designation, the President determines that as a result of changed circumstances such country would be barred from designation as a beneficiary country under subsection (b). “(2) (A) The President shall publish in the Federal Register notice of the action the President proposes to take under paragraph (1) at least 30 days prior to taking such action. “(B) The United States Trade Representative shall, within the 30-day period beginning on the date on which the President publishes under subparagraph (A) notice of proposed action— “(i) accept written comments from the public regarding such proposed action, “(ii) hold a public hearing on such proposed action, and “(iii) publish in the Federal Register— “(I) notice of the time and place of such hearing prior to the hearing, and “(II) the time and place at which such written comments will be accepted.”.Caribbean Basin Economic Recovery Expansion Act of 1990
Pub. L. 101–382 § 213(1) · 104 Stat. 629
Substituted · 19 U.S.C. § 2702(b)
Pub. L. 101–382, § 213(1)–(4), added par. (7) and in concluding provisions substituted “(5), and (7)” for “and (5)”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 101–382, § 213(1)–(4), added par. (7) and in concluding provisions substituted “(5), and (7)” for “and (5)”.Enacted provision · exact public law section
(1) by striking out “and” after the semicolon at the end of subsection (b)(5);Caribbean Basin Economic Recovery Expansion Act of 1990
Pub. L. 101–382 § 213(5) · 104 Stat. 629
Amended · 19 U.S.C. § 2702(c)(8)
Pub. L. 101–382, § 213(5), amended par. (8) generally. Prior to amendment, par. (8) read as follows: “the degree to which workers in such country are afforded reasonable workplace conditions and enjoy the right to organize and bargain collectively;”
Source evidence
Code amendment note
Subsec. (c)(8). Pub. L. 101–382, § 213(5), amended par. (8) generally. Prior to amendment, par. (8) read as follows: “the degree to which workers in such country are afforded reasonable workplace conditions and enjoy the right to organize and bargain collectively;”.Enacted provision · exact public law section
(5) by amending subsection (c)(8) to read as follows: “(8) whether or not such country has taken or is taking steps to afford to workers in that country (including any designated zone in that country) internationally recognized worker rights.”.Caribbean Basin Economic Recovery Expansion Act of 1990
Pub. L. 101–382 § 214 · 104 Stat. 629
Added · 19 U.S.C. § 2702(f)
Pub. L. 101–382, § 214, added subsec. (f)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 101–382, § 214, added subsec. (f).Enacted provision · exact public law section
SEC. 214. REPORTS. Section 212 of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702) is amended by adding at the end thereof the following new subsection: “(f) On or before October 1, 1993, and the close of each 3-year period thereafter, the President shall submit to the Congress a complete report regarding the operation of this title, including the results of a general review of beneficiary countries based on the considerations described in subsections (b) and (c).”.Pub. L. 103–465 title VI § 621(a)(2) · 108 Stat. 4809
Substituted · 19 U.S.C. § 2702(c)(4)
Pub. L. 103–465 substituted “WTO Agreement and the multilateral trade agreements (as such terms are defined in paragraphs (9) and (4), respectively, of section 3501 of this title)” for “General Agreement on Tariffs and Trade, as well as applicable trade agreements approved under section 2503(a) of this title”
Source evidence
Code amendment note
Subsec. (c)(4). Pub. L. 103–465 substituted “WTO Agreement and the multilateral trade agreements (as such terms are defined in paragraphs (9) and (4), respectively, of section 3501 of this title)” for “General Agreement on Tariffs and Trade, as well as applicable trade agreements approved under section 2503(a) of this title”.Enacted provision · exact public law section
(2) Section 212(c)(4) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702(c)(4)) is amended by striking “General” and all that follows through “1979” and inserting “WTO Agreement and the multilateral trade agreements (as such terms are defined in paragraphs (9) and (4), respectively, of section 2 of the Uruguay Round Agreements Act)”.Small Business Job Protection Act of 1996
Pub. L. 104–188 title I § 1954(a)(3) · 110 Stat. 1755
Substituted · 19 U.S.C. § 2702(b)(7)
Pub. L. 104–188 substituted “2467(4)” for “2462(a)(4)”
Source evidence
Code amendment note
Subsec. (b)(7). Pub. L. 104–188 substituted “2467(4)” for “2462(a)(4)”.Enacted provision · exact public law section
(3) Section 212(b)(7) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702(b)(7)) is amended by striking “502(a)(4)” and inserting “507(4)”.Pub. L. 106–200 § 211(e)(2) · 114 Stat. 251
Added · 19 U.S.C. § 2702(a)(1)(D); 19 U.S.C. § 2702(a)(1)(E)
Pub. L. 106–200, § 211(e)(2), added subpars. (D) and (E)
Source evidence
Code amendment note
Subsec. (a)(1)(D), (E). Pub. L. 106–200, § 211(e)(2), added subpars. (D) and (E).Enacted provision · exact public law section
(2) Definitions.— Section 212(a)(1) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702(a)(1)) is amended by adding at the end the following new subparagraphs: “(D) The term ‘NAFTA’ means the North American Free Trade Agreement entered into between the United States, Mexico, and Canada on December 17, 1992. “(E) The terms ‘WTO’ and ‘WTO member’ have the meanings given those terms in section 2 of the Uruguay Round Agreements Act (19 U.S.C. 3501).”.Pub. L. 106–200 title II § 211(b) · 114 Stat. 251
Amended · 19 U.S.C. § 2702(e)(1)
Pub. L. 106–200, § 211(b)(1), designated existing provisions as subpar. (A)
Redesignated · 19 U.S.C. § 2702(e)(1)
Pub. L. 106–200, § 211(b)(1), redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A)
Added · 19 U.S.C. § 2702(e)(1)
Pub. L. 106–200, § 211(b)(1), added subpar. (B)
Source evidence
Code amendment note
Subsec. (e)(1). Pub. L. 106–200, § 211(b)(1), designated existing provisions as subpar. (A), redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), and added subpar. (B).Enacted provision · exact public law section
(b) Determination Regarding Retention of Designation.— Section 212(e) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702(e)) is amended— (1) in paragraph (1)— (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (B) by inserting “(A)” after “(1)”; and (C) by adding at the end the following; “(B) The President may, after the requirements of subsection (a)(2) and paragraph (2) have been met— “(i) withdraw or suspend the designation of any country as a CBTPA beneficiary country; or “(ii) withdraw, suspend, or limit the application of preferential treatment under section 213(b)(2) and (3) to any article of any country, if, after such designation, the President determines that, as a result of changed circumstances, the performance of such country is not satisfactory under the criteria set forth in section 213(b)(5)(B).”; and (2) by adding after paragraph (2) the following new paragraph: “(3) If preferential treatment under section 213(b)(2) and (3) is withdrawn, suspended, or limited with respect to a CBTPA beneficiary country, such country shall not be deemed to be a ‘party’ for the purposes of applying section 213(b)(5)(C) to imports of articles for which preferential treatment has been withdrawn, suspended, or limited with respect to such country.”.Pub. L. 106–200 § 211(b)(2) · 114 Stat. 251
Added · 19 U.S.C. § 2702(e)(3)
Pub. L. 106–200, § 211(b)(2), added par. (3)
Source evidence
Code amendment note
Subsec. (e)(3). Pub. L. 106–200, § 211(b)(2), added par. (3).Enacted provision · exact public law section
(2) by adding after paragraph (2) the following new paragraph: “(3) If preferential treatment under section 213(b)(2) and (3) is withdrawn, suspended, or limited with respect to a CBTPA beneficiary country, such country shall not be deemed to be a ‘party’ for the purposes of applying section 213(b)(5)(C) to imports of articles for which preferential treatment has been withdrawn, suspended, or limited with respect to such country.”.Pub. L. 106–200 § 211(c)(1) · 114 Stat. 251
Inserted · 19 U.S.C. § 2702(f)
Pub. L. 106–200, § 211(c)(1), inserted heading
Amended · 19 U.S.C. § 2702(f)
Pub. L. 106–200, § 211(c)(1), amended text generally. Prior to amendment, text read as follows: “On or before October 1, 1993, and the close of each 3-year period thereafter, the President shall submit to the Congress a complete report regarding the operation of this chapter, including the results of a general review of beneficiary countries based on the considerations described in subsections (b) and (c) of this section.”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 106–200, § 211(c)(1), inserted heading and amended text generally. Prior to amendment, text read as follows: “On or before October 1, 1993, and the close of each 3-year period thereafter, the President shall submit to the Congress a complete report regarding the operation of this chapter, including the results of a general review of beneficiary countries based on the considerations described in subsections (b) and (c) of this section.”Enacted provision · exact public law section
(1) Section 212(f) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702(f)) is amended to read as follows: “(f) Reporting Requirements.— “(1) In general.— Not later than December 31, 2001, and every 2 years thereafter during the period this title is in effect, the United States Trade Representative shall submit to Congress a report regarding the operation of this title, including— “(A) with respect to subsections (b) and (c), the results of a general review of beneficiary countries based on the considerations described in such subsections; and “(B) the performance of each beneficiary country or CBTPA beneficiary country, as the case may be, under the criteria set forth in section 213(b)(5)(B). “(2) Public comment.— Before submitting the report described in paragraph (1), the United States Trade Representative shall publish a notice in the Federal Register requesting public comments on whether beneficiary countries are meeting the criteria listed in section 213(b)(5)(B).”.Dominican Republic-Central America-United States Free Trade Agreement Implementation Act
Pub. L. 109–53 title IV § 402(a) · 119 Stat. 462
Added · 19 U.S.C. § 2702(a)(1)(F)
Pub. L. 109–53, §§ 107(d), 402(a), temporarily added subpar. (F). See Effective and Termination Dates of 2005 Amendment note below
Source evidence
Code amendment note
Subsec. (a)(1)(F). Pub. L. 109–53, §§ 107(d), 402(a), temporarily added subpar. (F). See Effective and Termination Dates of 2005 Amendment note below.Enacted provision · exact public law section
(a) Former Beneficiary Countries.— Section 212(a)(1) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702(a)(1)) is amended by adding at the end the following new subparagraph: “(F) The term ‘former beneficiary country’ means a country that ceases to be designated as a beneficiary country under this title because the country has become a party to a free trade agreement with the United States.” .Dominican Republic-Central America-United States Free Trade Agreement Implementation Act
Pub. L. 109–53 title IV § 402(a) · 119 Stat. 462
Struck · 19 U.S.C. § 2702(b)
Pub. L. 109–53, §§ 107(d), 402(b), temporarily struck out “Costa Rica”, “Dominican Republic”, “El Salvador”, “Guatemala”, “Honduras”, and “Nicaragua” from list of countries eligible for designation as beneficiary country. See Effective and Termination Dates of 2005 Amendment notes below
Source evidence
Code amendment note
Subsec. (b). Pub. L. 109–53, §§ 107(d), 402(b), temporarily struck out “Costa Rica”, “Dominican Republic”, “El Salvador”, “Guatemala”, “Honduras”, and “Nicaragua” from list of countries eligible for designation as beneficiary country. See Effective and Termination Dates of 2005 Amendment notes below.Enacted provision · exact public law section
(a) Former Beneficiary Countries.— Section 212(a)(1) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702(a)(1)) is amended by adding at the end the following new subparagraph: “(F) The term ‘former beneficiary country’ means a country that ceases to be designated as a beneficiary country under this title because the country has become a party to a free trade agreement with the United States.” .United States–Panama Trade Promotion Agreement Implementation Act
Pub. L. 112–43 title IV § 402(a) · 125 Stat. 530
Struck · 19 U.S.C. § 2702(b)
Pub. L. 112–43, §§ 107(c), 402(a), temporarily struck out “Panama” from list of countries eligible for designation as beneficiary country. See Effective and Termination Dates of 2011 Amendment note below
Source evidence
Code amendment note
Subsec. (b). Pub. L. 112–43, §§ 107(c), 402(a), temporarily struck out “Panama” from list of countries eligible for designation as beneficiary country. See Effective and Termination Dates of 2011 Amendment note below.Enacted provision · exact public law section
(a) In General.— Section 212(b) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702(b)) is amended by striking “Panama” from the list of countries eligible for designation as beneficiary countries.Financial Services and General Government Appropriations Act, 2021
Pub. L. 116–260 div. O title VI § 602(b)(1) · 134 Stat. 1182
Added · 19 U.S.C. § 2702(a)(1)(D)
Pub. L. 116–260 added subpar. (D)
Struck · 19 U.S.C. § 2702(a)(1)(D)
Pub. L. 116–260 struck out former subpar. (D) which defined “NAFTA”
Source evidence
Code amendment note
Subsec. (a)(1)(D). Pub. L. 116–260 added subpar. (D) and struck out former subpar. (D) which defined “NAFTA”.Enacted provision · exact public law section
Sec. 602. None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein.Effective date note
Amendment by Pub. L. 116–260 effective July 1, 2020, see section 602(g) of div. O of Pub. L. 116–260, set out as a note under section 2578b of this title.
22 of 22 references resolved to an enrolled provision
Notes
Amendment of Section
For termination of amendment by section 107(c) of Pub. L. 112–43, see Effective and Termination Dates of 2011 Amendment note below.
For termination of amendment by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates of 2005 Amendment note below.
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a) to (c) and (f), was in the original “this title”, meaning title II of Pub. L. 98–67, , 97 Stat. 384, which is classified principally to this chapter. For complete classification of title II to the Code, see Short Title note set out under section 2701 of this title and Tables.
The Harmonized Tariff Schedule of the United States, referred to in subsec. (a)(1)(C), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.
This Act, referred to in provisions following subsec. (b)(6), probably should be “this title” meaning title II of Pub. L. 98–67, , 97 Stat. 384, which is classified principally to this chapter. For complete classification of title II to the Code, see Short Title note set out under section 2701 of this title and Tables.
This chapter, referred to in subsec. (e)(1)(B), was in the original “this subtitle”, meaning subtitle A (§§ 211–218) of title II of Pub. L. 98–67 which enacted this chapter, amended section 1202 of this title, repealed section 2582 of this title, and enacted provisions set out as notes under sections 1202, 1319, 2251, and 2703 of this title and section 1311 of Title 33, Navigation and Navigable Waters. For complete classification of subtitle A to the Code, see Tables.
Codification
Subsec. (d) of this section amended general headnote 3(a) of the Tariff Schedules of the United States. The Tariff Schedules were replaced by the Harmonized Tariff Schedule of the United States. See References in Text note above.
Amendments1986–2020 · 9 rounds
2020
Subsec. (a)(1)(D). Pub. L. 116–260 added subpar. (D) and struck out former subpar. (D) which defined “NAFTA”.
2011
Subsec. (b). Pub. L. 112–43, §§ 107(c), 402(a), temporarily struck out “Panama” from list of countries eligible for designation as beneficiary country. See Effective and Termination Dates of 2011 Amendment note below.
2005
Subsec. (a)(1)(F). Pub. L. 109–53, §§ 107(d), 402(a), temporarily added subpar. (F). See Effective and Termination Dates of 2005 Amendment note below.
Subsec. (b). Pub. L. 109–53, §§ 107(d), 402(b), temporarily struck out “Costa Rica”, “Dominican Republic”, “El Salvador”, “Guatemala”, “Honduras”, and “Nicaragua” from list of countries eligible for designation as beneficiary country. See Effective and Termination Dates of 2005 Amendment notes below.
2000
Subsec. (a)(1)(D), (E). Pub. L. 106–200, § 211(e)(2), added subpars. (D) and (E).
Subsec. (e)(1). Pub. L. 106–200, § 211(b)(1), designated existing provisions as subpar. (A), redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), and added subpar. (B).
Subsec. (e)(3). Pub. L. 106–200, § 211(b)(2), added par. (3).
Subsec. (f). Pub. L. 106–200, § 211(c)(1), inserted heading and amended text generally. Prior to amendment, text read as follows: “On or before , and the close of each 3-year period thereafter, the President shall submit to the Congress a complete report regarding the operation of this chapter, including the results of a general review of beneficiary countries based on the considerations described in subsections (b) and (c) of this section.”
1996
Subsec. (b)(7). Pub. L. 104–188 substituted “2467(4)” for “2462(a)(4)”.
1994
Subsec. (c)(4). Pub. L. 103–465 substituted “WTO Agreement and the multilateral trade agreements (as such terms are defined in paragraphs (9) and (4), respectively, of section 3501 of this title)” for “General Agreement on Tariffs and Trade, as well as applicable trade agreements approved under section 2503(a) of this title”.
1990
Subsec. (b). Pub. L. 101–382, § 213(1)–(4), added par. (7) and in concluding provisions substituted “(5), and (7)” for “and (5)”.
Subsec. (c)(8). Pub. L. 101–382, § 213(5), amended par. (8) generally. Prior to amendment, par. (8) read as follows: “the degree to which workers in such country are afforded reasonable workplace conditions and enjoy the right to organize and bargain collectively;”.
Subsec. (f). Pub. L. 101–382, § 214, added subsec. (f).
1988
Subsec. (a)(1)(C). Pub. L. 100–418, § 1214(q)(1), substituted “HTS” and “Harmonized Tariff Schedule of the United States” for “TSUS” and “Tariff Schedules of the United States”, respectively.
Subsec. (e). Pub. L. 100–418, § 1909(c), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “The President shall, after complying with the requirements of subsection (a)(2) of this section, withdraw or suspend the designation of any country as a beneficiary country if, after such designation, he determines that as the result of changed circumstances such country would be barred from designation as a beneficiary country under subsection (b) of this section.”
1986
Subsec. (b)(6), (7). Pub. L. 99–570 redesignated par. (7) as (6) and struck out former par. (6) which provided that the President shall not designate a country as a beneficiary country under this chapter if the country does not take adequate steps to cooperate with the United States to prevent narcotic drugs and other controlled substances produced, processed, or transported in the country from entering the United States unlawfully.
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Amendment by Pub. L. 116–260 effective , see section 602(g) of div. O of Pub. L. 116–260, set out as a note under section 2578b of this title.
Effective and Termination Dates of 2011 Amendment
Amendment by Pub. L. 112–43 effective on date President terminates designation of Panama [Designation terminated . See Proc. No. 8894, 77 F.R. 66507.] as beneficiary country pursuant to section 201(a)(3) of Pub. L. 112–43, set out in a note under section 3805 of this title, and to cease to have effect on date the United States–Panama Trade Promotion Agreement terminates, see sections 107(c) and 402(b) of Pub. L. 112–43, set out in a note under section 3805 of this title.
Effective and Termination Dates of 2005 Amendment
Amendment by Pub. L. 109–53 effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force () and to cease to have effect on date Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see section 107 of Pub. L. 109–53, set out as an Effective and Termination Dates note under section 4001 of this title.
Pub. L. 109–53, title IV, § 402(b), , 119 Stat. 495, provided that the amendment made by section 402(b) is effective on date President terminates designation of Costa Rica [Designation terminated . See Proc. No. 8331, 73 F.R. 79585.], Dominican Republic [Designation terminated . See Proc. No. 8111, 72 F.R. 10025.], El Salvador [Designation terminated . See Proc. No. 7987, 71 F.R. 10827.], Guatemala [Designation terminated . See Proc. No. 8034, 71 F.R. 38509.], Honduras [Designation terminated . See Proc. No. 7996, 71 F.R. 16971.], or Nicaragua [Designation terminated . See Proc. No. 7996, 71 F.R. 16971.] as beneficiary country pursuant to section 4031(a)(3) of this title.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–188 applicable to articles entered on or after , with provisions relating to retroactive application, see section 1953 of Pub. L. 104–188, set out as an Effective Date note under section 2461 of this title.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–465 effective on the date on which the WTO Agreement enters into force with respect to the United States (), see section 621(b) of Pub. L. 103–465, set out as a note under section 1677k of this title.
Effective Date of 1988 Amendment
Amendment by section 1214(q)(1) of Pub. L. 100–418 effective , and applicable with respect to articles entered on or after such date, see section 1217(b)(1) of Pub. L. 100–418, set out as an Effective Date note under section 3001 of this title.
Caribbean Basin Initiative
Pub. L. 100–418, title I, § 1909(a), (b), , 102 Stat. 1317, 1318, provided that:
“(a) Findings.—
The Congress finds that—
“(1) Caribbean and Central American countries historically have had close economic, political, and cultural ties to the United States;
“(2) promoting economic and political stability in the Caribbean and Central America is in the national security interests of the United States;
“(3) the economic and political stability of the nations of the Caribbean and Central America can be strengthened significantly by the attraction of foreign and domestic investment specifically devoted to employment generation; and
“(4) the diversification of the economies and expansion of exports, particularly those of a non-traditional nature, of the nations of the Caribbean and Central America is linked directly to fair access to the markets of the United States.
“(b) Intent of the Congress.—
The Congress hereby expresses its intention to ensure that—
“(1) the trade elements of the Caribbean Basin Initiative be strengthened in a manner consistent with the promotion of economic and political stability in the Caribbean and Central America;
“(2) to the extent that Congress imposes changes that are intended to improve the competitive environment for United States industry and workers, such changes do not unduly affect the unilateral duty-free trade system available to the beneficiary countries designated under the Caribbean Basin Economic Recovery Act [19 U.S.C. 2701 et seq.]; and
“(3) generic changes in the trade laws of the United States do not discriminate against imports from designated beneficiary countries in relation to imports from other United States trading partners.”
Executive Documents
Delegation of Functions
Functions of President under subsec. (e)(2)(A) of this section, related to publishing notice of proposed actions, delegated to United States Trade Representative, see Proc. No. 7616, , 67 F.R. 67283, set out as a note under section 3203 of this title.
Credits
1983–2020 · 10 acts
- 1983Pub. L. 98–67, title II, § 212, , 97 Stat. 384
- 1986Pub. L. 99–570, title IX, § 9002(b), , 100 Stat. 3207–166
- 1988Pub. L. 100–418, title I, §§ 1214(q)(1), 1909(c), , 102 Stat. 1159, 1318
- 1990Pub. L. 101–382, title II, §§ 213, 214, , 104 Stat. 656
- 1994Pub. L. 103–465, title VI, § 621(a)(2), , 108 Stat. 4992
- 1996Pub. L. 104–188, title I, § 1954(a)(3), , 110 Stat. 1927
- 2000Pub. L. 106–200, title II, § 211(b), (c)(1), (e)(2), , 114 Stat. 286, 287
- 2005Pub. L. 109–53, title IV, § 402(a), (b), , 119 Stat. 495
- 2011Pub. L. 112–43, title IV, § 402(a), , 125 Stat. 530
- 2020Pub. L. 116–260, div. O, title VI, § 602(b)(1), , 134 Stat. 2152.
Show as published
(Pub. L. 98–67, title II, § 212, , 97 Stat. 384; Pub. L. 99–570, title IX, § 9002(b), , 100 Stat. 3207–166; Pub. L. 100–418, title I, §§ 1214(q)(1), 1909(c), , 102 Stat. 1159, 1318; Pub. L. 101–382, title II, §§ 213, 214, , 104 Stat. 656; Pub. L. 103–465, title VI, § 621(a)(2), , 108 Stat. 4992; Pub. L. 104–188, title I, § 1954(a)(3), , 110 Stat. 1927; Pub. L. 106–200, title II, § 211(b), (c)(1), (e)(2), , 114 Stat. 286, 287; Pub. L. 109–53, title IV, § 402(a), (b), , 119 Stat. 495; Pub. L. 112–43, title IV, § 402(a), , 125 Stat. 530; Pub. L. 116–260, div. O, title VI, § 602(b)(1), , 134 Stat. 2152.)