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§ 2411. —  Actions by United States Trade Representative.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 19USC2411]

 
                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 12--TRADE ACT OF 1974
 
    SUBCHAPTER III--ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE 
       AGREEMENTS AND RESPONSE TO CERTAIN FOREIGN TRADE PRACTICES
 
Sec. 2411. Actions by United States Trade Representative


(a) Mandatory action

    (1) If the United States Trade Representative determines under 
section 2414(a)(1) of this title that--
        (A) the rights of the United States under any trade agreement 
    are being denied; or
        (B) an act, policy, or practice of a foreign country--
            (i) violates, or is inconsistent with, the provisions of, or 
        otherwise denies benefits to the United States under, any trade 
        agreement, or
            (ii) is unjustifiable and burdens or restricts United States 
        commerce;

the Trade Representative shall take action authorized in subsection (c) 
of this section, subject to the specific direction, if any, of the 
President regarding any such action, and shall take all other 
appropriate and feasible action within the power of the President that 
the President may direct the Trade Representative to take under this 
subsection, to enforce such rights or to obtain the elimination of such 
act, policy, or practice. Actions may be taken that are within the power 
of the President with respect to trade in any goods or services, or with 
respect to any other area of pertinent relations with the foreign 
country.
    (2) The Trade Representative is not required to take action under 
paragraph (1) in any case in which--
        (A) the Dispute Settlement Body (as defined in section 3531(5) 
    of this title) has adopted a report, or a ruling issued under the 
    formal dispute settlement proceeding provided under any other trade 
    agreement finds, that--
            (i) the rights of the United States under a trade agreement 
        are not being denied, or
            (ii) the act, policy, or practice--
                (I) is not a violation of, or inconsistent with, the 
            rights of the United States, or
                (II) does not deny, nullify, or impair benefits to the 
            United States under any trade agreement; or

        (B) the Trade Representative finds that--
            (i) the foreign country is taking satisfactory measures to 
        grant the rights of the United States under a trade agreement,
            (ii) the foreign country has--
                (I) agreed to eliminate or phase out the act, policy, or 
            practice, or
                (II) agreed to an imminent solution to the burden or 
            restriction on United States commerce that is satisfactory 
            to the Trade Representative,

            (iii) it is impossible for the foreign country to achieve 
        the results described in clause (i) or (ii), as appropriate, but 
        the foreign country agrees to provide to the United States 
        compensatory trade benefits that are satisfactory to the Trade 
        Representative,
            (iv) in extraordinary cases, where the taking of action 
        under this subsection would have an adverse impact on the United 
        States economy substantially out of proportion to the benefits 
        of such action, taking into account the impact of not taking 
        such action on the credibility of the provisions of this 
        subchapter, or
            (v) the taking of action under this subsection would cause 
        serious harm to the national security of the United States.

    (3) Any action taken under paragraph (1) to eliminate an act, 
policy, or practice shall be devised so as to affect goods or services 
of the foreign country in an amount that is equivalent in value to the 
burden or restriction being imposed by that country on United States 
commerce.

(b) Discretionary action

    If the Trade Representative determines under section 2414(a)(1) of 
this title that--
        (1) an act, policy, or practice of a foreign country is 
    unreasonable or discriminatory and burdens or restricts United 
    States commerce, and
        (2) action by the United States is appropriate, the Trade 
    Representative shall take all appropriate and feasible action 
    authorized under subsection (c) of this section, subject to the 
    specific direction, if any, of the President regarding any such 
    action, and all other appropriate and feasible action within the 
    power of the President that the President may direct the Trade 
    Representative to take under this subsection, to obtain the 
    elimination of that act, policy, or practice. Actions may be taken 
    that are within the power of the President with respect to trade in 
    any goods or services, or with respect to any other area of 
    pertinent relations with the foreign country.

(c) Scope of authority

    (1) For purposes of carrying out the provisions of subsection (a) or 
(b) of this section, the Trade Representative is authorized to--
        (A) suspend, withdraw, or prevent the application of, benefits 
    of trade agreement concessions to carry out a trade agreement with 
    the foreign country referred to in such subsection;
        (B) impose duties or other import restrictions on the goods of, 
    and, notwithstanding any other provision of law, fees or 
    restrictions on the services of, such foreign country for such time 
    as the Trade Representative determines appropriate;
        (C) in a case in which the act, policy, or practice also fails 
    to meet the eligibility criteria for receiving duty-free treatment 
    under subsections (b) and (c) of section 2462 of this title, 
    subsections (b) and (c) of section 2702 of this title, or 
    subsections (c) and (d) of section 3202 of this title, withdraw, 
    limit, or suspend such treatment under such provisions, 
    notwithstanding the provisions of subsection (a)(3) of this section; 
    or
        (D) enter into binding agreements with such foreign country that 
    commit such foreign country to--
            (i) eliminate, or phase out, the act, policy, or practice 
        that is the subject of the action to be taken under subsection 
        (a) or (b) of this section,
            (ii) eliminate any burden or restriction on United States 
        commerce resulting from such act, policy, or practice, or
            (iii) provide the United States with compensatory trade 
        benefits that--
                (I) are satisfactory to the Trade Representative, and
                (II) meet the requirements of paragraph (4).

    (2)(A) Notwithstanding any other provision of law governing any 
service sector access authorization, and in addition to the authority 
conferred in paragraph (1), the Trade Representative may, for purposes 
of carrying out the provisions of subsection (a) or (b) of this 
section--
        (i) restrict, in the manner and to the extent the Trade 
    Representative determines appropriate, the terms and conditions of 
    any such authorization, or
        (ii) deny the issuance of any such authorization.

    (B) Actions described in subparagraph (A) may only be taken under 
this section with respect to service sector access authorizations 
granted, or applications therefor pending, on or after the date on 
which--
        (i) a petition is filed under section 2412(a) of this title, or
        (ii) a determination to initiate an investigation is made by the 
    Trade Representative under section 2412(b) of this title.

    (C) Before the Trade Representative takes any action under this 
section involving the imposition of fees or other restrictions on the 
services of a foreign country, the Trade Representative shall, if the 
services involved are subject to regulation by any agency of the Federal 
Government or of any State, consult, as appropriate, with the head of 
the agency concerned.
    (3) The actions the Trade Representative is authorized to take under 
subsection (a) or (b) of this section may be taken against any goods or 
economic sector--
        (A) on a nondiscriminatory basis or solely against the foreign 
    country described in such subsection, and
        (B) without regard to whether or not such goods or economic 
    sector were involved in the act, policy, or practice that is the 
    subject of such action.

    (4) Any trade agreement described in paragraph (1)(D)(iii) shall 
provide compensatory trade benefits that benefit the economic sector 
which includes the domestic industry that would benefit from the 
elimination of the act, policy, or practice that is the subject of the 
action to be taken under subsection (a) or (b) of this section, or 
benefit the economic sector as closely related as possible to such 
economic sector, unless--
        (A) the provision of such trade benefits is not feasible, or
        (B) trade benefits that benefit any other economic sector would 
    be more satisfactory than such trade benefits.

    (5) If the Trade Representative determines that actions to be taken 
under subsection (a) or (b) of this section are to be in the form of 
import restrictions, the Trade Representative shall--
        (A) give preference to the imposition of duties over the 
    imposition of other import restrictions, and
        (B) if an import restriction other than a duty is imposed, 
    consider substituting, on an incremental basis, an equivalent duty 
    for such other import restriction.

    (6) Any action taken by the Trade Representative under this section 
with respect to export targeting shall, to the extent possible, reflect 
the full benefit level of the export targeting to the beneficiary over 
the period during which the action taken has an effect.

(d) Definitions and special rules

    For purposes of this subchapter--
        (1) The term ``commerce'' includes, but is not limited to--
            (A) services (including transfers of information) associated 
        with international trade, whether or not such services are 
        related to specific goods, and
            (B) foreign direct investment by United States persons with 
        implications for trade in goods or services.

        (2) An act, policy, or practice of a foreign country that 
    burdens or restricts United States commerce may include the 
    provision, directly or indirectly, by that foreign country of 
    subsidies for the construction of vessels used in the commercial 
    transportation by water of goods between foreign countries and the 
    United States.
        (3)(A) An act, policy, or practice is unreasonable if the act, 
    policy, or practice, while not necessarily in violation of, or 
    inconsistent with, the international legal rights of the United 
    States, is otherwise unfair and inequitable.
        (B) Acts, policies, and practices that are unreasonable include, 
    but are not limited to, any act, policy, or practice, or any 
    combination of acts, policies, or practices, which--
            (i) denies fair and equitable--
                (I) opportunities for the establishment of an 
            enterprise,
                (II) provision of adequate and effective protection of 
            intellectual property rights notwithstanding the fact that 
            the foreign country may be in compliance with the specific 
            obligations of the Agreement on Trade-Related Aspects of 
            Intellectual Property Rights referred to in section 
            3511(d)(15) of this title,
                (III) nondiscriminatory market access opportunities for 
            United States persons that rely upon intellectual property 
            protection, or
                (IV) market opportunities, including the toleration by a 
            foreign government of systematic anticompetitive activities 
            by enterprises or among enterprises in the foreign country 
            that have the effect of restricting, on a basis that is 
            inconsistent with commercial considerations, access of 
            United States goods or services to a foreign market,

            (ii) constitutes export targeting, or
            (iii) constitutes a persistent pattern of conduct that--
                (I) denies workers the right of association,
                (II) denies workers the right to organize and bargain 
            collectively,
                (III) permits any form of forced or compulsory labor,
                (IV) fails to provide a minimum age for the employment 
            of children, or
                (V) fails to provide standards for minimum wages, hours 
            of work, and occupational safety and health of workers.

        (C)(i) Acts, policies, and practices of a foreign country 
    described in subparagraph (B)(iii) shall not be treated as being 
    unreasonable if the Trade Representative determines that--
            (I) the foreign country has taken, or is taking, actions 
        that demonstrate a significant and tangible overall advancement 
        in providing throughout the foreign country (including any 
        designated zone within the foreign country) the rights and other 
        standards described in the subclauses of subparagraph (B)(iii), 
        or
            (II) such acts, policies, and practices are not inconsistent 
        with the level of economic development of the foreign country.

        (ii) The Trade Representative shall publish in the Federal 
    Register any determination made under clause (i), together with a 
    description of the facts on which such determination is based.
        (D) For purposes of determining whether any act, policy, or 
    practice is unreasonable, reciprocal opportunities in the United 
    States for foreign nationals and firms shall be taken into account, 
    to the extent appropriate.
        (E) The term ``export targeting'' means any government plan or 
    scheme consisting of a combination of coordinated actions (whether 
    carried out severally or jointly) that are bestowed on a specific 
    enterprise, industry, or group thereof, the effect of which is to 
    assist the enterprise, industry, or group to become more competitive 
    in the export of a class or kind of merchandise.
        (F)(i) For the purposes of subparagraph (B)(i)(II), adequate and 
    effective protection of intellectual property rights includes 
    adequate and effective means under the laws of the foreign country 
    for persons who are not citizens or nationals of such country to 
    secure, exercise, and enforce rights and enjoy commercial benefits 
    relating to patents, trademarks, copyrights and related rights, mask 
    works, trade secrets, and plant breeder's rights.
        (ii) For purposes of subparagraph (B)(i)(IV), the denial of fair 
    and equitable nondiscriminatory market access opportunities includes 
    restrictions on market access related to the use, exploitation, or 
    enjoyment of commercial benefits derived from exercising 
    intellectual property rights in protected works or fixations or 
    products embodying protected works.
        (4)(A) An act, policy, or practice is unjustifiable if the act, 
    policy, or practice is in violation of, or inconsistent with, the 
    international legal rights of the United States.
        (B) Acts, policies, and practices that are unjustifiable 
    include, but are not limited to, any act, policy, or practice 
    described in subparagraph (A) which denies national or most-favored-
    nation treatment or the right of establishment or protection of 
    intellectual property rights.
        (5) Acts, policies, and practices that are discriminatory 
    include, when appropriate, any act, policy, and practice which 
    denies national or most-favored-nation treatment to United States 
    goods, services, or investment.
        (6) The term ``service sector access authorization'' means any 
    license, permit, order, or other authorization, issued under the 
    authority of Federal law, that permits a foreign supplier of 
    services access to the United States market in a service sector 
    concerned.
        (7) The term ``foreign country'' includes any foreign 
    instrumentality. Any possession or territory of a foreign country 
    that is administered separately for customs purposes shall be 
    treated as a separate foreign country.
        (8) The term ``Trade Representative'' means the United States 
    Trade Representative.
        (9) The term ``interested persons'', only for purposes of 
    sections 2412(a)(4)(B), 2414(b)(1)(A), 2416(c)(2), and 2417(a)(2) of 
    this title, includes, but is not limited to, domestic firms and 
    workers, representatives of consumer interests, United States 
    product exporters, and any industrial user of any goods or services 
    that may be affected by actions taken under subsection (a) or (b) of 
    this section.

(Pub. L. 93-618, title III, Sec. 301, as added Pub. L. 96-39, title IX, 
Sec. 901, July 26, 1979, 93 Stat. 295; amended Pub. L. 98-573, title 
III, Sec. 304(a)-(c), (f), Oct. 30, 1984, 98 Stat. 3002, 3005; Pub. L. 
100-418, title I, Sec. 1301(a), Aug. 23, 1988, 102 Stat. 1164; Pub. L. 
103-465, title III, Sec. 314(a)-(c), title VI, Sec. 621(a)(9), Dec. 8, 
1994, 108 Stat. 4939, 4940, 4993; Pub. L. 104-295, Sec. 20(c)(4), Oct. 
11, 1996, 110 Stat. 3528.)


                            Prior Provisions

    A prior section 301 of Pub. L. 93-618, title III, Jan. 3, 1975, 88 
Stat. 2041, which related to Presidential responses to foreign import 
restrictions and export subsidies and which was classified to this 
section, was omitted in the general revision of chapter 1 of title III 
of Pub. L. 93-618 by Pub. L. 96-39, title IX, Sec. 901, July 26, 1979, 
93 Stat. 295.


                               Amendments

    1996--Subsec. (c)(4). Pub. L. 104-295 substituted ``paragraph 
(1)(D)(iii)'' for ``paragraph (1)(C)(iii)''.
    1994--Subsec. (a)(1). Pub. L. 103-465, Sec. 314(a)(1), inserted at 
end of concluding provisions ``Actions may be taken that are within the 
power of the President with respect to trade in any goods or services, 
or with respect to any other area of pertinent relations with the 
foreign country.''
    Subsec. (a)(2)(A). Pub. L. 103-465, Sec. 621(a)(9), substituted 
``the Dispute Settlement Body (as defined in section 3531(5) of this 
title) has adopted a report,'' for ``the Contracting Parties to the 
General Agreement on Tariffs and Trade have determined, a panel of 
experts has reported to the Contracting Parties,''.
    Subsec. (b)(2). Pub. L. 103-465, Sec. 314(a)(1), inserted at end 
``Actions may be taken that are within the power of the President with 
respect to trade in any goods or services, or with respect to any other 
area of pertinent relations with the foreign country.''
    Subsec. (c)(1)(B) to (D). Pub. L. 103-465, Sec. 314(b)(1), struck 
out ``or'' at end of subpar. (B), added subpar. (C), and redesignated 
former subpar. (C) as (D).
    Subsec. (c)(5). Pub. L. 103-465, Sec. 314(a)(2), added introductory 
provisions, reenacted subpar. (A) without change, and struck out former 
introductory provisions which read as follows: ``In taking actions under 
subsection (a) or (b) of this section, the Trade Representative shall--
''.
    Subsec. (d)(3)(B)(i)(II) to (IV). Pub. L. 103-465, Sec. 314(c)(1), 
added subcls. (II) to (IV) and struck out former subcls. (II) and (III) 
which read as follows:
    ``(II) provision of adequate and effective protection of 
intellectual property rights, or
    ``(III) market opportunities, including the toleration by a foreign 
government of systematic anticompetitive activities by private firms or 
among private firms in the foreign country that have the effect of 
restricting, on a basis that is inconsistent with commercial 
considerations, access of United States goods to purchasing by such 
firms,''.
    Subsec. (d)(3)(F). Pub. L. 103-465, Sec. 314(c)(2), added subpar. 
(F).
    1988--Pub. L. 100-418 amended section generally, substituting 
provisions relating to actions by United States Trade Representative for 
provisions relating to determinations and action by President.
    1984--Subsec. (a). Pub. L. 98-573, Sec. 304(a), amended subsec. (a) 
generally, which prior to amendment provided that if the President 
determines that action by the United States is appropriate (1) to 
enforce the rights of the United States under any trade agreement; or 
(2) to respond to any act, policy, or practice of a foreign country or 
instrumentality that (A) is inconsistent with the provisions of, or 
otherwise denies benefits to the United States under, any trade 
agreement, or (B) is unjustifiable, unreasonable, or discriminatory and 
burdens or restricts United States commerce; the President shall take 
all appropriate and feasible action within his power to enforce such 
rights or to obtain the elimination of such act, policy, or practice and 
that action under this section may be taken on a nondiscriminatory basis 
or solely against the products or services of the foreign country or 
instrumentality involved.
    Subsec. (b)(1). Pub. L. 98-573, Sec. 304(b)(1), struck out ``and'' 
at end.
    Subsec. (b)(2). Pub. L. 98-573, Sec. 304(b)(2), (3), inserted ``, 
notwithstanding any other provision of law,'' and substituted ``goods'' 
for ``products''.
    Subsecs. (c), (d). Pub. L. 98-573, Sec. 304(c), added subsec. (c) 
and redesignated existing subsecs. (c) and (d) as (d) and (e), 
respectively.
    Subsec. (e). Pub. L. 98-573, Sec. 304(c), (f), redesignated subsec. 
(d) as (e), inserted ``For purposes of this section--'' before par. (1), 
in par. (1) substituted provisions defining ``commerce'' as including, 
but not limited to services (including transfers of information) 
associated with international trade, whether or not such services are 
related to specific goods, and foreign direct investment by United 
States persons with implications for trade in goods or services for 
provision defining ``commerce'' as including, but not limited to, 
services associated with international trade, whether or not such 
services are related to specific products, and added pars. (3) to (6).


                    Effective Date of 1994 Amendment

    Amendment by section 314(a)-(c) of Pub. L. 103-465 effective on the 
date on which the WTO Agreement enters into force with respect to the 
United States [Jan. 1, 1995], see section 316(a) of Pub. L. 103-465, set 
out as an Effective Date note under section 3581 of this title.
    Amendment by section 621(a)(9) of Pub. L. 103-465 effective on the 
date on which the WTO Agreement enters into force with respect to the 
United States [Jan. 1, 1995], 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

    Section 1301(c) of Pub. L. 100-418 provided that: ``The amendments 
made by this section [enacting sections 2417 to 2419 of this title and 
amending this section and sections 2412 to 2416 of this title] shall 
apply to--
        ``(1) petitions filed, and investigations initiated, under 
    section 302 of the Trade Act of 1974 [19 U.S.C. 2412] on or after 
    the date of the enactment of this Act [Aug. 23, 1988]; and
        ``(2) petitions filed, and investigations initiated, before the 
    date of enactment of this Act, if by that date no decision had been 
    made under section 304 [19 U.S.C. 2414] regarding the petition or 
    investigation.''


                             Effective Date

    Section 903 of Pub. L. 96-39 provided that: ``The amendments made by 
sections 901 and 902 [enacting this subchapter and amending sections 
1872, 2192, and 2194 of this title] shall take effect on the date of the 
enactment of this Act [July 26, 1979]. Any petition for review filed 
with the Special Representative for Trade Negotiations under section 301 
of the Trade Act of 1974 (as in effect on the day before such date of 
enactment) [former section 2411 of this title] and pending on such date 
of enactment shall be treated as an investigation initiated on such date 
of enactment under section 302(b)(2) of the Trade Act of 1974 (as added 
by section 901 of this Act) [section 2412(b)(2) of this title] and any 
information developed by, or submitted to, the Special Representative 
before such date of enactment under the review shall be treated as part 
of the information developed during such investigation.''

   Ex. Ord. No. 13155. Access to HIV/AIDS Pharmaceuticals and Medical 
                              Technologies

    Ex. Ord. No. 13155, May 10, 2000, 65 F.R. 30521, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including sections 141 and 
chapter 1 of title III of the Trade Act of 1974, as amended (19 U.S.C. 
2171, 2411-2420), section 307 of the Public Health Service Act (42 
U.S.C. 242l), and section 104 of the Foreign Assistance Act of 1961, as 
amended (22 U.S.C. 2151b), and in accordance with executive branch 
policy on health-related intellectual property matters to promote access 
to essential medicines, it is hereby ordered as follows:
    Section 1. Policy. (a) In administering sections 301-310 of the 
Trade Act of 1974 [19 U.S.C. 2411-2420], the United States shall not 
seek, through negotiation or otherwise, the revocation or revision of 
any intellectual property law or policy of a beneficiary sub-Saharan 
African country, as determined by the President, that regulates HIV/AIDS 
pharmaceuticals or medical technologies if the law or policy of the 
country:
    (1) promotes access to HIV/AIDS pharmaceuticals or medical 
technologies for affected populations in that country; and
    (2) provides adequate and effective intellectual property protection 
consistent with the Agreement on Trade-Related Aspects of Intellectual 
Property Rights (TRIPS Agreement) referred to in section 101(d)(15) of 
the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(15)).
    (b) The United States shall encourage all beneficiary sub-Saharan 
African countries to implement policies designed to address the 
underlying causes of the HIV/AIDS crisis by, among other things, making 
efforts to encourage practices that will prevent further transmission 
and infection and to stimulate development of the infrastructure 
necessary to deliver adequate health services, and by encouraging 
policies that provide an incentive for public and private research on, 
and development of, vaccines and other medical innovations that will 
combat the HIV/AIDS epidemic in Africa.
    Sec. 2. Rationale: (a) This order finds that:
    (1) since the onset of the worldwide HIV/AIDS epidemic, 
approximately 34 million people living in sub-Saharan Africa have been 
infected with the disease;
    (2) of those infected, approximately 11.5 million have died;
    (3) the deaths represent 83 percent of the total HIV/AIDS-related 
deaths worldwide; and
    (4) access to effective therapeutics for HIV/AIDS is determined by 
issues of price, health system infrastructure for delivery, and 
sustainable financing.
    (b) In light of these findings, this order recognizes that:
    (1) it is in the interest of the United States to take all 
reasonable steps to prevent further spread of infectious disease, 
particularly HIV/AIDS;
    (2) there is critical need for effective incentives to develop new 
pharmaceuticals, vaccines, and therapies to combat the HIV/AIDS crisis, 
including effective global intellectual property standards designed to 
foster pharmaceutical and medical innovation;
    (3) the overriding priority for responding to the crisis of HIV/AIDS 
in sub-Saharan Africa should be to improve public education and to 
encourage practices that will prevent further transmission and 
infection, and to stimulate development of the infrastructure necessary 
to deliver adequate health care services;
    (4) the United States should work with individual countries in sub-
Saharan Africa to assist them in development of effective public 
education campaigns aimed at the prevention of HIV/AIDS transmission and 
infection, and to improve their health care infrastructure to promote 
improved access to quality health care for their citizens in general, 
and particularly with respect to the HIV/AIDS epidemic;
    (5) an effective United States response to the crisis in sub-Saharan 
Africa must focus in the short term on preventive programs designed to 
reduce the frequency of new infections and remove the stigma of the 
disease, and should place a priority on basic health services that can 
be used to treat opportunistic infections, sexually transmitted 
infections, and complications associated with HIV/AIDS so as to prolong 
the duration and improve the quality of life of those with the disease;
    (6) an effective United States response to the crisis must also 
focus on the development of HIV/AIDS vaccines to prevent the spread of 
the disease;
    (7) the innovative capacity of the United States in the commercial 
and public pharmaceutical research sectors is unmatched in the world, 
and the participation of both these sectors will be a critical element 
in any successful program to respond to the HIV/AIDS crisis in sub-
Saharan Africa;
    (8) the TRIPS Agreement recognizes the importance of promoting 
effective and adequate protection of intellectual property rights and 
the right of countries to adopt measures necessary to protect public 
health;
    (9) individual countries should have the ability to take measures to 
address the HIV/AIDS epidemic, provided that such measures are 
consistent with their international obligations; and
    (10) successful initiatives will require effective partnerships and 
cooperation among governments, international organizations, 
nongovernmental organizations, and the private sector, and greater 
consideration should be given to financial, legal, and other incentives 
that will promote improved prevention and treatment actions.
    Sec. 3. Scope. (a) This order prohibits the United States Government 
from taking action pursuant to section 301(b) of the Trade Act of 1974 
[19 U.S.C. 2411(b)] with respect to any law or policy in beneficiary 
sub-Saharan African countries that promotes access to HIV/AIDS 
pharmaceuticals or medical technologies and that provides adequate and 
effective intellectual property protection consistent with the TRIPS 
Agreement. However, this order does not prohibit United States 
Government officials from evaluating, determining, or expressing concern 
about whether such a law or policy promotes access to HIV/AIDS 
pharmaceuticals or medical technologies or provides adequate and 
effective intellectual property protection consistent with the TRIPS 
Agreement. In addition, this order does not prohibit United States 
Government officials from consulting with or otherwise discussing with 
sub-Saharan African governments whether such law or policy meets the 
conditions set forth in section 1(a) of this order. Moreover, this order 
does not prohibit the United States Government from invoking the dispute 
settlement procedures of the World Trade Organization to examine whether 
any such law or policy is consistent with the Uruguay Round Agreements, 
referred to in section 101(d) of the Uruguay Round Agreements Act [19 
U.S.C. 3511(d)].
    (b) This order is intended only to improve the internal management 
of the executive branch and is not intended to, and does not create, any 
right or benefit, substantive or procedural, enforceable at law or 
equity by a party against the United States, its agencies or 
instrumentalities, its officers or employees, or any other person.
                                                     William J. Clinton.

                  Section Referred to in Other Sections

    This section is referred to in sections 2112, 2241, 2412, 2414, 
2415, 2416, 2417, 2419, 2554, 2581, 3105, 3106, 3312, 3437, 3512, 3571 
of this title; title 7 sections 5602, 5623.



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