§ 3311. — Approval and entry into force of North American Free Trade Agreement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC3311]
TITLE 19--CUSTOMS DUTIES
CHAPTER 21--NORTH AMERICAN FREE TRADE
SUBCHAPTER I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, NORTH
AMERICAN FREE TRADE AGREEMENT
Sec. 3311. Approval and entry into force of North American Free
Trade Agreement
(a) Approval of Agreement and statement of administrative action
Pursuant to section 2903 of this title and section 2191 of this
title, the Congress approves--
(1) the North American Free Trade Agreement entered into on
December 17, 1992, with the Governments of Canada and Mexico and
submitted to the Congress on November 4, 1993; and
(2) the statement of administrative action proposed to implement
the Agreement that was submitted to the Congress on November 4,
1993.
(b) Conditions for entry into force of Agreement
The President is authorized to exchange notes with the Government of
Canada or Mexico providing for the entry into force, on or after January
1, 1994, of the Agreement for the United States with respect to such
country at such time as--
(1) the President--
(A) determines that such country has implemented the
statutory changes necessary to bring that country into
compliance with its obligations under the Agreement and has made
provision to implement the Uniform Regulations provided for
under article 511 of the Agreement regarding the interpretation,
application, and administration of the rules of origin, and
(B) transmits a report to the House of Representatives and
the Senate setting forth the determination under subparagraph
(A) and including, in the case of Mexico, a description of the
specific measures taken by that country to--
(i) bring its laws into conformity with the requirements
of the Schedule of Mexico in Annex 1904.15 of the Agreement,
and
(ii) otherwise ensure the effective implementation of
the binational panel review process under chapter 19 of the
Agreement regarding final antidumping and countervailing
duty determinations; and
(2) the Government of such country exchanges notes with the
United States providing for the entry into force of the North
American Agreement on Environmental Cooperation and the North
American Agreement on Labor Cooperation for that country and the
United States.
(Pub. L. 103-182, title I, Sec. 101, Dec. 8, 1993, 107 Stat. 2061.)
Effective Date; Termination of NAFTA Status
Section 109 of title I of Pub. L. 103-182 provided that:
``(a) Effective Dates.--
``(1) In general.--This title [enacting this subchapter and
amending provisions set out as a note under section 2112 of this
title] (other than the amendment made by section 107 [amending
provisions set out as a note under section 2112 of this title])
takes effect on the date of the enactment of this Act [Dec. 8,
1993].
``(2) Section 107 amendment.--The amendment made by section 107
takes effect on the date the Agreement enters into force between the
United States and Canada [Jan. 1, 1994].
``(b) Termination of NAFTA Status.--During any period in which a
country ceases to be a NAFTA country, sections 101 through 106 [enacting
this section and sections 3312 to 3316 of this title] shall cease to
have effect with respect to such country.''
North American Free Trade Agreement: Entry Into Force
A Presidential Memorandum on the Implementation of the North
American Free Trade Agreement, dated Dec. 27, 1993, directing the
Secretary of State to exchange notes with the Government of Canada and
the Government of Mexico to provide for the entry into force of the
Agreement on Jan. 1, 1994, is set out in 29 Weekly Compilation of
Presidential Documents 2641, Jan. 3, 1994.
Ex. Ord. No. 12889. Implementation of North American Free Trade
Agreement
Ex. Ord. No. 12889, Dec. 27, 1993, 58 F.R. 69681, provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, including the North American
Free Trade Agreement Implementation Act (Public Law 103-182, 107 Stat.
2057) (the NAFTA Implementation Act) [see Short Title note set out under
section 3301 of this title] and section 302 of title 3, United States
Code, and in order to implement the North American Free Trade Agreement
(NAFTA), it is hereby ordered:
Section 1. Establishment of United States Section of the NAFTA
Secretariat. Pursuant to section 105(a) of the NAFTA Implementation Act
[19 U.S.C. 3315(a)], a United States section of the NAFTA Secretariat
shall be established within the Department of Commerce and shall carry
out the functions set out in that section.
Sec. 2. Acceptance by the President of Panel and Committee
Decisions. Pursuant to subparagraph 516A(g)(7)(B) of the Tariff Act of
1930, as amended, 19 U.S.C. 1516a(g)(7)(B), in the event that the
provisions of that subparagraph take effect, I accept, as a whole, all
decisions of binational panels and extraordinary challenge committees.
Sec. 3. Implementation of Safeguard Provisions for Textile and
Apparel Goods. Pursuant to section 201 of the NAFTA Implementation Act
[19 U.S.C. 3331], the Committee for the Implementation of Textile
Agreements (the Committee) shall take such action as necessary to
implement the bilateral safeguard provisions (tariff actions) set out in
section 4 of Annex 300-B of the NAFTA. The United States Customs Service
shall take such actions to carry out those safeguard provisions as
directed by the Secretary of the Treasury, upon the advice and
recommendation of the Chairman of the Committee.
Sec. 4. Publication of Proposed Rules regarding Technical
Regulations and Sanitary and Phytosanitary Measures. (a) In accordance
with Articles 718 and 909 of the NAFTA, each agency subject to the
provisions of the Administrative Procedure Act, as amended (5 U.S.C. 551
et seq.), shall, in applying section 553 of title 5, United States Code,
with respect to any proposed Federal technical regulation or any Federal
sanitary or phytosanitary measure of general application, other than a
regulation issued pursuant to section 104(a) of the NAFTA Implementation
Act [19 U.S.C. 3314(a)], publish or serve notice of such regulation or
measure not less than 75 days before the comment due date, except:
(1) in the case of a technical regulation relating to perishable
goods, in which case the agency shall, to the greatest extent
practicable, publish or serve notice at least 30 days prior to
adoption of such regulation;
(2) in the case of a technical regulation, where the United
States considers it necessary to address an urgent problem relating
to safety or to protection of human, animal or plant life or health,
the environment or consumers; or
(3) in the case of a sanitary or phytosanitary measure, where
the United States considers it necessary to address an urgent
problem relating to sanitary or phytosanitary protection.
(b) For purposes of this section, the term ``sanitary or
phytosanitary measure'' shall be defined in accordance with section 463
of the Trade Agreements Act of 1979 [19 U.S.C. 2575b], and ``technical
regulation'' shall be defined in accordance with section 473 of the
Trade Agreements Act of 1979 [19 U.S.C. 2576b].
(c) This section supersedes section 1 of Executive Order No. 12662
of December 31, 1988 [19 U.S.C. 2112 note].
Sec. 5. Government Procurement Procedures. (a) Waiver.
(1) With respect to eligible products (as defined in section 381(c)
of the NAFTA Implementation Act [amending section 2518(4)(A) of this
title]) of Canada and Mexico, and suppliers of such products, the
application of any law, regulation, procedure, or practice regarding
Federal Government procurement that would, if applied to such products
or suppliers, result in treatment less favorable than the most favorable
treatment accorded:
(A) to United States products and services and suppliers of such
products and services; or
(B) to eligible products of either Mexico or Canada, shall be
waived.
(2) This waiver shall be applied by all executive agencies listed in
Annexes 1 and 2 of this Executive order in consultation with, and when
deemed necessary at the direction of, the United States Trade
Representative (Trade Representative).
(b) The Secretary of Defense, or his designee, in consultation with
the Trade Representative, shall be responsible for determinations under
Article 1018(1), pursuant to Annex 1001.1b-1(A)(4), of the NAFTA. The
Secretary of Defense, or his designee, and the Trade Representative
shall establish procedures for this purpose.
(c) The executive agencies listed in Annex 2 are directed to procure
eligible products in compliance with the procedural provisions of
Chapter 10 of the NAFTA.
(d) The Trade Representative shall be responsible for calculating
and adjusting the threshold as required by Article 1001(1)(c) of the
NAFTA.
(e) This order shall apply only to solicitations issued on or after
the date of entry into force of the NAFTA for the United States.
(f) Although regulatory implementation of this order must await
revisions to the Federal Acquisitions Regulation (FAR), it is expected
that agencies listed in Annexes 1 and 2 of this order will take all
appropriate actions in the interim to implement those aspects of the
order that are not dependent upon regulatory revision.
(g) Pursuant to section 25 of the Office of Federal Procurement
Policy Act, as amended (41 U.S.C. 421(a)), the Federal Acquisition
Regulatory Council shall ensure that the policies established herein are
incorporated in the FAR within 30 days from the date this order is
issued.
Sec. 6. Government Use of Patented Technology. (a) Each agency
shall, within 30 days from the date this order is issued, modify or
adopt procedures to ensure compliance with Article 1709(10) of the NAFTA
regarding notice when patented technology is used by or for the Federal
Government without a license from the owner, except that the requirement
of Article 1709(10)(b) regarding reasonable efforts to obtain advance
authorization from the patent owner:
(1) is hereby waived for an invention used or manufactured by or
for the Federal Government, except that the patent owner must be
notified whenever the agency or its contractor, without making a
patent search, knows or has demonstrable reasonable grounds to know
that an invention described in and covered by a valid United States
patent is or will be used or manufactured without a license; and
(2) is waived whenever a national emergency or other
circumstances of extreme urgency exists, except that the patent
owner must be notified as soon as it is reasonably practicable to do
so.
(b) Agencies shall treat the term ``remuneration'' as used in
Articles 1709(10)(h) and (j) and 1715 of the NAFTA as equivalent to
``reasonable and entire compensation'' as used in section 1498 of title
28, United States Code.
(c) In addition to the general provisions of section 7 of this order
regarding enforceable rights, nothing in this order is intended to
suggest that the giving of notice to a patent owner under Article
1709(10) of the NAFTA constitutes an admission that the Federal
Government has infringed a valid privately-owned patent.
Sec. 7. Judicial Review. This order does not create any right or
benefit, substantive or procedural, enforceable at law by a party
against the United States, its agencies, its officers, or any person.
Sec. 8. Effective Date. This order shall take effect upon the date
of entry into force of the NAFTA for the United States.
William J. Clinton.
Annex 1
Department of Agriculture
Department of Commerce
Department of Defense
Department of Education
Department of Energy
Department of Health and Human Services
Department of Housing and Urban Development
Department of the Interior
Department of Justice
Department of Labor
Department of State
Department of Transportation
Department of the Treasury
United States Agency for International Development
General Services Administration
National Aeronautics and Space Administration
Department of Veterans Affairs
Environmental Protection Agency
United States Information Agency
National Science Foundation
Panama Canal Commission
Executive Office of the President
Farm Credit Administration
National Credit Union Administration
Merit Systems Protection Board
ACTION Agency
United States Arms Control and Disarmament Agency
Office of Thrift Supervision
Federal Housing Finance Board
National Labor Relations Board
National Mediation Board
Railroad Retirement Board
American Battle Monuments Commission
Federal Communications Commission
Federal Trade Commission
Interstate Commerce Commission
Securities and Exchange Commission
Office of Personnel Management
United States International Trade Commission
Export-Import Bank of the United States
Federal Mediation and Conciliation Service
Selective Service System
Smithsonian Institution
Federal Deposit Insurance Corporation
Consumer Product Safety Commission
Equal Employment Opportunity Commission
Federal Maritime Commission
National Transportation Safety Board
Nuclear Regulatory Commission
Overseas Private Investment Corporation
Administrative Conference of the United States
Board for International Broadcasting
Commission on Civil Rights
Commodity Futures Trading Commission
Peace Corps
National Archives and Records Administration
Annex 2
The Power Marketing Administrations of the Department of Energy
Tennessee Valley Authority
St. Lawrence Seaway Development Corporation
[For abolition of United States Information Agency (other than
Broadcasting Board of Governors and International Broadcasting Bureau),
transfer of functions, and treatment of references thereto, see sections
6531, 6532, and 6551 of Title 22, Foreign Relations and Intercourse.]
[For abolition, transfer of functions, and treatment of references
to United States Arms Control and Disarmament Agency, see section 6511
et seq. of Title 22, Foreign Relations and Intercourse.]
Section Referred to in Other Sections
This section is referred to in sections 3301, 3314, 3317 of this
title.
