§ 3312. — Relationship of Agreement to United States and State law.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC3312]
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. 3312. Relationship of Agreement to United States and State
law
(a) Relationship of Agreement to United States law
(1) United States law to prevail in conflict
No provision of the Agreement, nor the application of any such
provision to any person or circumstance, which is inconsistent with
any law of the United States shall have effect.
(2) Construction
Nothing in this Act shall be construed--
(A) to amend or modify any law of the United States,
including any law regarding--
(i) the protection of human, animal, or plant life or
health,
(ii) the protection of the environment, or
(iii) motor carrier or worker safety; or
(B) to limit any authority conferred under any law of the
United States, including section 2411 of this title;
unless specifically provided for in this Act.
(b) Relationship of Agreement to State law
(1) Federal-State consultation
(A) In general
On December 8, 1993, the President shall, through the
intergovernmental policy advisory committees on trade
established under section 2114c(2)(A) of this title, consult
with the States for the purpose of achieving conformity of State
laws and practices with the Agreement.
(B) Federal-State consultation process
The Trade Representative shall establish within the Office
of the United States Trade Representative a Federal-State
consultation process for addressing issues relating to the
Agreement that directly relate to, or will potentially have a
direct impact on, the States. The Federal-State consultation
process shall include procedures under which--
(i) the Trade Representative will assist the States in
identifying those State laws that may not conform with the
Agreement but may be maintained under the Agreement by
reason of being in effect before the Agreement entered into
force;
(ii) the States will be informed on a continuing basis
of matters under the Agreement that directly relate to, or
will potentially have a direct impact on, the States;
(iii) the States will be provided opportunity to submit,
on a continuing basis, to the Trade Representative
information and advice with respect to matters referred to
in clause (ii);
(iv) the Trade Representative will take into account the
information and advice received from the States under clause
(iii) when formulating United States positions regarding
matters referred to in clause (ii); and
(v) the States will be involved (including involvement
through the inclusion of appropriate representatives of the
States) to the greatest extent practicable at each stage of
the development of United States positions regarding matters
referred to in clause (ii) that will be addressed by
committees, subcommittees, or working groups established
under the Agreement or through dispute settlement processes
provided for under the Agreement.
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Federal-State consultation process established by this
paragraph.
(2) Legal challenge
No State law, or the application thereof, may be declared
invalid as to any person or circumstance on the ground that the
provision or application is inconsistent with the Agreement, except
in an action brought by the United States for the purpose of
declaring such law or application invalid.
(3) ``State law'' defined
For purposes of this subsection, the term ``State law''
includes--
(A) any law of a political subdivision of a State; and
(B) any State law regulating or taxing the business of
insurance.
(c) Effect of Agreement with respect to private remedies
No person other than the United States--
(1) shall have any cause of action or defense under--
(A) the Agreement or by virtue of Congressional approval
thereof, or
(B) the North American Agreement on Environmental
Cooperation or the North American Agreement on Labor
Cooperation; or
(2) may challenge, in any action brought under any provision of
law, any action or inaction by any department, agency, or other
instrumentality of the United States, any State, or any political
subdivision of a State on the ground that such action or inaction is
inconsistent with the Agreement, the North American Agreement on
Environmental Cooperation, or the North American Agreement on Labor
Cooperation.
(Pub. L. 103-182, title I, Sec. 102, Dec. 8, 1993, 107 Stat. 2062.)
References in Text
This Act, referred to in subsec. (a)(2), is Pub. L. 103-182, Dec. 8,
1993, 107 Stat. 2057, known as the North American Free Trade Agreement
Implementation Act. For complete classification of this Act to the Code,
see Short Title note set out under section 3301 of this title and
Tables.
The Federal Advisory Committee Act, referred to in subsec. (b)(1),
is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set
out in the Appendix to Title 5, Government Organization and Employees.
Termination of NAFTA Status
Section to cease to have effect with respect to any country during
any period in which such country ceases to be a NAFTA country, see
section 109(b) of Pub. L. 103-182, set out as an Effective Date;
Termination of NAFTA Status note under section 3311 of this title.
