§ 3317. — Congressional intent regarding future accessions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC3317]
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. 3317. Congressional intent regarding future accessions
(a) In general
Section 3311(a) of this title may not be construed as conferring
Congressional approval of the entry into force of the Agreement for the
United States with respect to countries other than Canada and Mexico.
(b) Future free trade area negotiations
(1) Findings
The Congress makes the following findings:
(A) Efforts by the United States to obtain greater market
opening through multilateral negotiations have not produced
agreements that fully satisfy the trade negotiating objectives
of the United States.
(B) United States trade policy should provide for additional
mechanisms with which to pursue greater market access for United
States exports of goods and services and opportunities for
export-related investment by United States persons.
(C) Among the additional mechanisms should be a system of
bilateral and multilateral trade agreements that provide greater
market access for United States exports and opportunities for
export-related investment by United States persons.
(D) The system of trade agreements can and should be
structured to be consistent with, and complementary to, existing
international obligations of the United States and ongoing
multilateral efforts to open markets.
(2) Report on significant market opening
No later than May 1, 1994, and May 1, 1997, the Trade
Representative shall submit to the President, and to the Committee
on Finance of the Senate and the Committee on Ways and Means of the
House of Representatives (hereafter in this section referred to as
the ``appropriate Congressional committees''), a report which lists
those foreign countries--
(A) that--
(i) currently provide fair and equitable market access
for United States exports of goods and services and
opportunities for export-related investment by United States
persons, beyond what is required by existing multilateral
trade agreements or obligations; or
(ii) have made significant progress in opening their
markets to United States exports of goods and services and
export-related investment by United States persons; and
(B) the further opening of whose markets has the greatest
potential to increase United States exports of goods and
services and export-related investment by United States persons,
either directly or through the establishment of a beneficial
precedent.
(3) Presidential determination
The President, on the basis of the report submitted by the Trade
Representative under paragraph (2), shall determine with which
foreign country or countries, if any, the United States should seek
to negotiate a free trade area agreement or agreements.
(4) Recommendations on future free trade area negotiations
No later than July 1, 1994, and July 1, 1997, the President
shall submit to the appropriate Congressional committees a written
report that contains--
(A) recommendations for free trade area negotiations with
each foreign country selected under paragraph (3);
(B) with respect to each country selected, the specific
negotiating objectives that are necessary to meet the objectives
of the United States under this section; and
(C) legislative proposals to ensure adequate consultation
with the Congress and the private sector during the
negotiations, advance Congressional approval of the negotiations
recommended by the President, and Congressional approval of any
trade agreement entered into by the President as a result of the
negotiations.
(5) General negotiating objectives
The general negotiating objectives of the United States under
this section are to obtain--
(A) preferential treatment for United States goods;
(B) national treatment and, where appropriate, equivalent
competitive opportunity for United States services and foreign
direct investment by United States persons;
(C) the elimination of barriers to trade in goods and
services by United States persons through standards, testing,
labeling, and certification requirements;
(D) nondiscriminatory government procurement policies and
practices with respect to United States goods and services;
(E) the elimination of other barriers to market access for
United States goods and services, and the elimination of
barriers to foreign direct investment by United States persons;
(F) the elimination of acts, policies, and practices which
deny fair and equitable market opportunities, including foreign
government toleration of anticompetitive business practices by
private firms or among private firms that have the effect of
restricting, on a basis that is inconsistent with commercial
considerations, purchasing by such firms of United States goods
and services;
(G) adequate and effective protection of intellectual
property rights of United States persons, and fair and equitable
market access for United States persons that rely upon
intellectual property protection;
(H) the elimination of foreign export and domestic subsidies
that distort international trade in United States goods and
services or cause material injury to United States industries;
(I) the elimination of all export taxes;
(J) the elimination of acts, policies, and practices which
constitute export targeting; and
(K) monitoring and effective dispute settlement mechanisms
to facilitate compliance with the matters described in
subparagraphs (A) through (J).
(Pub. L. 103-182, title I, Sec. 108, Dec. 8, 1993, 107 Stat. 2066.)
Section Referred to in Other Sections
This section is referred to in section 2703 of this title; title 22
section 6062.
