§ 3313. — Consultation and layover requirements for, and effective date of, proclaimed actions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC3313]
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. 3313. Consultation and layover requirements for, and
effective date of, proclaimed actions
(a) Consultation and layover requirements
If a provision of this Act provides that the implementation of an
action by the President by proclamation is subject to the consultation
and layover requirements of this section, such action may be proclaimed
only if--
(1) the President has obtained advice regarding the proposed
action from--
(A) the appropriate advisory committees established under
section 2155 of this title, and
(B) the International Trade Commission;
(2) the President has submitted a report to the Committee on
Ways and Means of the House of Representatives and the Committee on
Finance of the Senate that sets forth--
(A) the action proposed to be proclaimed and the reasons
therefor, and
(B) the advice obtained under paragraph (1);
(3) a period of 60 calendar days, beginning with the first day
on which the President has met the requirements of paragraphs (1)
and (2) with respect to such action, has expired; and
(4) the President has consulted with such Committees regarding
the proposed action during the period referred to in paragraph (3).
(b) Effective date of certain proclaimed actions
Any action proclaimed by the President under the authority of this
Act that is not subject to the consultation and layover requirements
under subsection (a) of this section may not take effect before the 15th
day after the date on which the text of the proclamation is published in
the Federal Register.
(Pub. L. 103-182, title I, Sec. 103, Dec. 8, 1993, 107 Stat. 2063.)
References in Text
This Act, referred to in text, 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.
Delegation of Authority
Memorandum of President of the United States, Sept. 29, 1995, 60
F.R. 52061, provided:
Memorandum for the United States Trade Representative
By virtue of the authority vested in me as President by the
Constitution and laws of the United States, including section 301 of
title 3 of the United States Code, you are hereby delegated the
authority set forth in section 103(a) of the North American Free Trade
Agreement Implementation Act (``NAFTA Act'') [19 U.S.C. 3313(a)] and
section 115 of the Uruguay Round Agreements Act (``Uruguay Round Act'')
[19 U.S.C. 3524] to perform certain functions in order to fulfill the
consultation and layover requirements set forth in those provisions,
including:
(1) obtaining advice from the appropriate advisory committees and
the U.S. International Trade Commission on the proposed implementation
of an action by Presidential proclamation;
(2) submitting a report on such action to the House Ways and Means
and Senate Finance Committees; and
(3) consulting with such committees during the 60-day period
following the date on which the requirements under (1) and (2) have been
met.
The President retains the sole authority under the NAFTA Act [Pub.
L. 103-182, see Tables for classification] and Uruguay Round Act [Pub.
L. 103-465, see Tables for classification] to implement an action by
proclamation after the consultation and layover requirements set forth
in section 103(a)(1) through (4) and section 115 of such Acts,
respectively, have been met.
You are authorized and directed to publish this memorandum in the
Federal Register.
William J. Clinton.
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.
Section Referred to in Other Sections
This section is referred to in sections 3314, 3331, 3332 of this
title.
