§ 3104. — Negotiations in response to investigation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC3104]
TITLE 19--CUSTOMS DUTIES
CHAPTER 19--TELECOMMUNICATIONS TRADE
Sec. 3104. Negotiations in response to investigation
(a) In general
Upon--
(1) the date that is 30 days after the date on which any foreign
country is identified in the investigation conducted under section
3103(a) of this title as a priority foreign country, and
(2) the date on which any foreign country is identified under
section 3103(c)(1)(B) of this title as a priority foreign country,
the President shall enter into negotiations with such priority foreign
country for the purpose of entering into a bilateral or multilateral
trade agreement under chapter 17 of this title which meets the specific
negotiating objectives established by the President under subsection (b)
of this section for such priority foreign country.
(b) Establishment of specific negotiating objectives for each foreign
priority country
(1) The President shall establish such relevant specific negotiating
objectives on a country-by-country basis as are necessary to meet the
general negotiating objectives of the United States under this section.
(2)(A) The President may refine or modify specific negotiating
objectives for particular negotiations in order to respond to
circumstances arising during the negotiating period, including--
(i) changed practices by the priority foreign country,
(ii) tangible substantive developments in multilateral
negotiations,
(iii) changes in competitive positions, technological
developments, or
(iv) other relevant factors.
(B) By no later than the date that is 30 days after the date on
which the President makes any modifications or refinements to specific
negotiating objectives under subparagraph (A), the President shall
submit to appropriate committees of the Congress a statement describing
such modifications or refinements and the reasons for such modifications
or refinements.
(c) General negotiating objectives
The general negotiating objectives of the United States under this
section are--
(1) to obtain multilateral or bilateral agreements (or the
modification of existing agreements) that provide mutually
advantageous market opportunities for trade in telecommunications
products and services between the United States and foreign
countries;
(2) to correct the imbalances in market opportunities accruing
from reductions in barriers to the access of telecommunications
products and services of foreign firms to the United States market;
and
(3) to facilitate the increase in United States exports of
telecommunications products and services to a level of exports that
reflects the competitiveness of the United States telecommunications
industry.
(d) Specific negotiating objectives
The specific negotiating objectives of the United States under this
section regarding telecommunications products and services are to
obtain--
(1) national treatment for telecommunications products and
services that are provided by United States firms;
(2) most-favored-nation treatment for such products and
services;
(3) nondiscriminatory procurement policies with respect to such
products and services and the inclusion under the Agreement on
Government Procurement of the procurement (by sale or lease by
government-owned or controlled entities) of all telecommunications
products and services;
(4) the reduction or elimination of customs duties on
telecommunications products;
(5) the elimination of subsidies, violations of intellectual
property rights, and other unfair trade practices that distort
international trade in telecommunications products and services;
(6) the elimination of investment barriers that restrict the
establishment of foreign-owned business entities which market such
products and services;
(7) assurances that any requirement for the registration of
telecommunications products, which are to be located on customer
premises, for the purposes of--
(A) attachment to a telecommunications network in a foreign
country, and
(B) the marketing of the products in a foreign country,
be limited to the certification by the manufacturer that the
products meet the standards established by the foreign country for
preventing harm to the network or network personnel;
(8) transparency of, and open participation in, the standards-
setting processes used in foreign countries with respect to
telecommunications products;
(9) the ability to have telecommunications products, which are
to be located on customer premises, approved and registered by type,
and, if appropriate, the establishment of procedures between the
United States and foreign countries for the mutual recognition of
type approvals;
(10) access to the basic telecommunications network in foreign
countries on reasonable and nondiscriminatory terms and conditions
(including nondiscriminatory prices) for the provision of value-
added services by United States suppliers;
(11) the nondiscriminatory procurement of telecommunications
products and services by foreign entities that provide local
exchange telecommunications services which are owned, controlled,
or, if appropriate, regulated by foreign governments; and
(12) monitoring and effective dispute settlement mechanisms to
facilitate compliance with matters referred to in the preceding
paragraphs of this subsection.
(Pub. L. 100-418, title I, Sec. 1375, Aug. 23, 1988, 102 Stat. 1218.)
References in Text
Chapter 17 of this title, referred to in subsec. (a), was in the
original ``part 1 of subtitle A'', meaning part 1 (Secs. 1101-1117) of
subtitle A of title I of Pub. L. 100-418, Aug. 23, 1988, 102 Stat. 1121,
which enacted chapter 17 (Sec. 2901 et seq.) of this title and amended
sections 2131, 2133, and 2191 of this title. For complete classification
of part 1 to the Code, see Tables.
Delegation of Functions
Functions of President under this section relating to certain
telecommunications negotiations delegated to United States Trade
Representative, see section 1-401 of Ex. Ord. No. 12661, Dec. 27, 1988,
54 F.R. 779, set out as a note under section 2901 of this title.
Section Referred to in Other Sections
This section is referred to in sections 3105, 3108 of this title.
