§ 2701. — Authority to grant dutyfree treatment.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC2701]
TITLE 19--CUSTOMS DUTIES
CHAPTER 15--CARIBBEAN BASIN ECONOMIC RECOVERY
Sec. 2701. Authority to grant duty-free treatment
The President may proclaim duty-free treatment (or other
preferential treatment) for all eligible articles from any beneficiary
country in accordance with the provisions of this chapter.
(Pub. L. 98-67, title II, Sec. 211, Aug. 5, 1983, 97 Stat. 384; Pub. L.
106-200, title II, Sec. 211(e)(1)(A), May 18, 2000, 114 Stat. 287.)
References in Text
This chapter, referred to in text, was in the original ``this
title'' meaning title II of Pub. L. 98-67, Aug. 5, 1983, 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
below and Tables.
Amendments
2000--Pub. L. 106-200 inserted ``(or other preferential treatment)''
after ``treatment''.
Short Title of 2000 Amendment
Pub. L. 106-200, title II, Sec. 201, May 18, 2000, 114 Stat. 275,
provided that: ``This title [amending this section and sections 2702 to
2704, 3202, and 3204 of this title and enacting provisions set out as
notes under this section] may be cited as the `United States-Caribbean
Basin Trade Partnership Act'.''
Short Title of 1990 Amendment
Pub. L. 101-382, title II, Sec. 201, Aug. 20, 1990, 104 Stat. 655,
provided that: ``This title [enacting section 226 of Title 20,
Education, amending sections 1677, 2463, 2702, 2703, and 2706 of this
title and section 936 of Title 26, Internal Revenue Code, enacting
provisions set out as notes under this section and sections 1677, 2071,
and 2703 of this title and section 936 of Title 26, and amending
provisions set out as notes under section 2703 of this title] may be
cited as the `Caribbean Basin Economic Recovery Expansion Act of
1990'.''
Short Title
Section 201 of title II of Pub. L. 98-67 provided that: ``This title
[enacting this chapter, amending section 1202 of this title and sections
274 and 7652 of Title 26, Internal Revenue Code, repealing section 2582
of this title, and enacting provisions set out as notes under sections
1319, 2251, and 2703 of this title, sections 274 and 7652 of Title 26,
and section 1311 of Title 33, Navigation and Navigable Waters] may be
cited as the `Caribbean Basin Economic Recovery Act'.''
Findings and Policy
Pub. L. 106-200, title II, Sec. 202, May 18, 2000, 114 Stat. 275,
provided that:
``(a) Findings.--Congress makes the following findings:
``(1) The Caribbean Basin Economic Recovery Act [19 U.S.C. 2701
et seq.] (in this title [see Short Title of 2000 Amendment note
above] referred to as `CBERA') represents a permanent commitment by
the United States to encourage the development of strong democratic
governments and revitalized economies in neighboring countries in
the Caribbean Basin.
``(2) In 1998, Hurricane Mitch and Hurricane Georges devastated
areas in the Caribbean Basin region, killing more than 10,000 people
and leaving 3,000,000 homeless.
``(3) The total direct impact of Hurricanes Mitch and Georges on
Honduras, Nicaragua, the Dominican Republic, El Salvador, and
Guatemala amounts to $4,200,000,000, representing a severe loss to
income levels in this underdeveloped region.
``(4) In addition to short term disaster assistance, United
States policy toward the region should focus on expanding
international trade with the Caribbean Basin region as an enduring
solution for successful economic growth and recovery.
``(5) Thirty-four democratically elected leaders agreed at the
1994 Summit of the Americas to conclude negotiation of a Free Trade
Area of the Americas (in this title referred to as `FTAA') by the
year 2005.
``(6) The economic security of the countries in the Caribbean
Basin will be enhanced by the completion of the FTAA.
``(7) Offering temporary benefits to Caribbean Basin countries
will preserve the United States commitment to Caribbean Basin
beneficiary countries, promote the growth of free enterprise and
economic opportunity in these neighboring countries, and thereby
enhance the national security interests of the United States.
``(8) Given the greater propensity of countries located in the
Western Hemisphere to use United States components and to purchase
United States products compared to other countries, increased trade
and economic activity between the United States and countries in the
Western Hemisphere will create new jobs in the United States as a
result of expanding export opportunities.
``(b) Policy.--It is the policy of the United States--
``(1) to offer Caribbean Basin beneficiary countries willing to
prepare to become a party to the FTAA or another free trade
agreement, tariff treatment essentially equivalent to that accorded
to products of NAFTA countries for certain products not currently
eligible for duty-free treatment under the CBERA; and
``(2) to seek the participation of Caribbean Basin beneficiary
countries in the FTAA or another free trade agreement at the
earliest possible date, with the goal of achieving full
participation in such agreement not later than 2005.''
Meetings of Trade Ministers and USTR
Pub. L. 106-200, title II, Sec. 213, May 18, 2000, 114 Stat. 288,
provided that:
``(a) Schedule of Meetings.--The President shall take the necessary
steps to convene a meeting with the trade ministers of the CBTPA
beneficiary countries in order to establish a schedule of regular
meetings, to commence as soon as is practicable, of the trade ministers
and the Trade Representative, for the purpose set forth in subsection
(b).
``(b) Purpose.--The purpose of the meetings scheduled under
subsection (a) is to reach agreement between the United States and CBTPA
beneficiary countries on the likely timing and procedures for initiating
negotiations for CBTPA beneficiary countries to enter into mutually
advantageous free trade agreements with the United States that contain
provisions comparable to those in the NAFTA and would make substantial
progress in achieving the negotiating objectives set forth in section
108(b)(5) of Public Law 103-182 (19 U.S.C. 3317(b)(5)).
``(c) Definition.--In this section, the term `CBTPA beneficiary
country' has the meaning given that term in section 213(b)(5)(B) of the
Caribbean Basin Economic Recovery Act [19 U.S.C. 2703(b)(5)(B)].''
Congressional Findings
Pub. L. 101-382, title II, Sec. 202, Aug. 20, 1990, 104 Stat. 655,
provided that: ``The Congress finds that--
``(1) a stable political and economic climate in the Caribbean
region is necessary for the development of the countries in that
region and for the security and economic interests of the United
States;
``(2) the Caribbean Basin Economic Recovery Act [this chapter]
was enacted in 1983 to assist in the achievement of such a climate
by stimulating the development of the export potential of the
region; and
``(3) the commitment of the United States to the successful
development of the region, as evidenced by the enactment of the
Caribbean Basin Economic Recovery Act, should be reaffirmed, and
further strengthened, by amending that Act to improve its
operation.''
Definitions
Pub. L. 106-200, title II, Sec. 203, May 18, 2000, 114 Stat. 276,
provided that: ``In this title [see Short Title of 2000 Amendment note
above]:
``(1) NAFTA.--The term `NAFTA' means the North American Free
Trade Agreement entered into between the United States, Mexico, and
Canada on December 17, 1992.
``(2) NAFTA country.--The term `NAFTA country' means any country
with respect to which the NAFTA is in force.
``(3) WTO and wto member.--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).''
Section Referred to in Other Sections
This section is referred to in section 2703 of this title.
