Title 19 — Customs Duties
Chapter 27 — Bipartisan Congressional Trade Priorities and Accountability
§ 4206. Treatment of certain trade agreements for which negotiations have already begun
Statutory text
Certain agreements
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 ,
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 , 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 ,
and results from negotiations that were commenced before , subsection (b) shall apply.
Treatment of agreements
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 —
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.
1 Agreement by Asia-Pacific Economic Cooperation members to reduce rates of duty on certain environmental goods
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 , if (and only if) the President, as soon as feasible after , 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.
1 Agreement by Asia-Pacific Economic Cooperation members to reduce rates of duty on certain environmental goods
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 , if (and only if) the President, as soon as feasible after , 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.
Footnotes
- 1 So in original. Two subsecs. (c) have been enacted.
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.
Bipartisan Congressional Trade Priorities and Accountability Act of 2015
Pub. L. 114–26 title I § 107 · 129 Stat. 319
Enacted · 19 U.S.C. § 4206
Pub. L. 114–26, title I, § 107, June 29, 2015, 129 Stat. 355
Source evidence
Code source credit
Pub. L. 114–26, title I, § 107, June 29, 2015, 129 Stat. 355Enacted provision · exact public law section
SEC. 107. TREATMENT OF CERTAIN TRADE AGREEMENTS FOR WHICH NEGOTIATIONS HAVE ALREADY BEGUN. (a) Certain Agreements.— Notwithstanding the prenegotiation notification and consultation requirement described in section 105(a), if an agreement to which section 103(b) applies— (1) is entered into under the auspices of the World Trade Organization, (2) is entered into with the Trans-Pacific Partnership countries with respect to which notifications have been made in a manner consistent with section 105(a)(1)(A) as of the date of the enactment of this Act, (3) is entered into with the European Union, (4) 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 105(a)(1)(A) as of the date of the enactment of this Act, or (5) 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 105(a)(1)(A) as of the date of the enactment of this Act, and results from negotiations that were commenced before the date of the enactment of this Act, subsection (b) shall apply. (b) Treatment of Agreements.— 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 105(a) (relating only to notice prior to initiating negotiations), and any resolution under paragraph (1)(B), (3)(C), or (4)(C) of section 106(b) shall not be in order on the basis of a failure or refusal to comply with the provisions of section 105(a), if (and only if) the President, as soon as feasible after the date of the enactment of this Act— (1) 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 (2) before and after submission of the notice, consults regarding the negotiations with the committees referred to in section 105(a)(1)(B) and the House and Senate Advisory Groups on Negotiations convened under section 104(c).Commerce, Justice, Science, and Related Agencies Appropriations Act, 2016
Pub. L. 114–113 div. Q title V § 502 · 129 Stat. 2242
Added · 19 U.S.C. § 4206(c)
Pub. L. 114–113 added subsec. (c) relating to proclamation authority and requiring notification to Congress after Dec. 18, 2015
Source evidence
Code amendment note
Subsec. (c). Pub. L. 114–113 added subsec. (c) relating to proclamation authority and requiring notification to Congress after Dec. 18, 2015.Enacted provision · exact public law section
Sec. 502. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.Trade Facilitation and Trade Enforcement Act of 2015
Pub. L. 114–125 title IX § 916 · 130 Stat. 122
Added · 19 U.S.C. § 4206(c)
Pub. L. 114–125 added subsec. (c) relating to proclamation authority and requiring notification to Congress after Feb. 24, 2016
Source evidence
Code amendment note
Subsec. (c). Pub. L. 114–125 added subsec. (c) relating to proclamation authority and requiring notification to Congress after Feb. 24, 2016.Enacted provision · exact public law section
SEC. 916. AGREEMENT BY ASIA-PACIFIC ECONOMIC COOPERATION MEMBERS TO REDUCE RATES OF DUTY ON CERTAIN ENVIRONMENTAL GOODS. Section 107 of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (Public Law 114–26; 19 U.S.C. 4206) is amended by adding at the end the following: “(c) Agreement by Asia-Pacific Economic Cooperation Members to Reduce Rates of Duty on Certain Environmental Goods.— Notwithstanding President. Notification. Negotiations. the notification requirement described in section 103(a)(2), the President may exercise the proclamation authority provided for in section 103(a)(1)(B) 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 the date of the enactment of the Trade Facilitation and Trade Enforcement Act of 2015, and before exercising proclamation authority under section 103(a)(1)(B), notifies Congress of the negotiations relating to the agreement and the specific United States objectives in the negotiations.” .
3 of 3 references resolved to an enrolled provision
Editorial Notes
Amendments2015–2016 · 2 rounds
2016
Subsec. (c). Pub. L. 114–125 added subsec. (c) relating to proclamation authority and requiring notification to Congress after .
2015
Subsec. (c). Pub. L. 114–113 added subsec. (c) relating to proclamation authority and requiring notification to Congress after .
Executive Documents
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 13701, , 80 F.R. 43903, set out as a note under section 4201 of this title.
Credits
2015–2016 · 3 acts
- 2015Pub. L. 114–26, title I, § 107, , 129 Stat. 355
- 2015Pub. L. 114–113, div. Q, title V, § 502, , 129 Stat. 3127
- 2016Pub. L. 114–125, title IX, § 916, , 130 Stat. 279.
Show as published
(Pub. L. 114–26, title I, § 107, , 129 Stat. 355; Pub. L. 114–113, div. Q, title V, § 502, , 129 Stat. 3127; Pub. L. 114–125, title IX, § 916, , 130 Stat. 279.)