References in Text

The Bipartisan Trade Promotion Authority Act of 2002, referred to in subsec. (b)(1)(B), is title XXI of Pub. L. 107–210, div. B, Aug. 6, 2002, 116 Stat. 993, which is classified principally to this chapter. For complete classification of title XXI to the Code, see section 3801(a) of this title and Tables.

Amendments

2004—Subsec. (c). Pub. L. 108–429 substituted “and” for “aand” in introductory provisions.

Statutory Notes and Related Subsidiaries
Delegation of Functions

For delegation of functions of President under this section, see section 1 of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under section 3801 of this title.

United States–Panama Trade Promotion Agreement Implementation Act

Pub. L. 112–43, Oct. 21, 2011, 125 Stat. 497, provided that:

“SECTION 1.
SHORT TITLE; TABLE OF CONTENTS.
“(a)
Short Title.—
This Act may be cited as the ‘United States–Panama Trade Promotion Agreement Implementation Act’.
“(b)
Table of Contents.—

[Omitted.]

“SEC. 2.
PURPOSES.
“The purposes of this Act are—
“(1)
to approve and implement the free trade agreement between the United States and Panama entered into under the authority of section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3803(b));
“(2)
to strengthen and develop economic relations between the United States and Panama for their mutual benefit;
“(3)
to establish free trade between the United States and Panama through the reduction and elimination of barriers to trade in goods and services and to investment; and
“(4)
to lay the foundation for further cooperation to expand and enhance the benefits of the Agreement.
“SEC. 3.
DEFINITIONS.
“In this Act:
“(1)
Agreement.—
The term ‘Agreement’ means the United States–Panama Trade Promotion Agreement approved by Congress under section 101(a)(1).
“(2)
Commission.—
The term ‘Commission’ means the United States International Trade Commission.
“(3)
HTS.—
The term ‘HTS’ means the Harmonized Tariff Schedule of the United States.
“(4)
Textile or apparel good.—
The term ‘textile or apparel good’ means a good listed in the Annex to the Agreement on Textiles and Clothing referred to in section 101(d)(4) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)), other than a good listed in Annex 3.30 of the Agreement.
“TITLE I—
APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT
“SEC. 101.
APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.
“(a)
Approval of Agreement and Statement of Administrative Action.—
Pursuant to section 2105 of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3805) and section 151 of the Trade Act of 1974 (19 U.S.C. 2191), Congress approves—
“(1)
the United States–Panama Trade Promotion Agreement entered into on June 28, 2007, with the Government of Panama and submitted to Congress on October 3, 2011; and
“(2)
the statement of administrative action proposed to implement the Agreement that was submitted to Congress on October 3, 2011.
“(b)
Conditions for Entry Into Force of the Agreement.—
At such time as the President determines that Panama has taken measures necessary to comply with those provisions of the Agreement that are to take effect on the date on which the Agreement enters into force [Oct. 31, 2012], the President is authorized to exchange notes with the Government of Panama providing for the entry into force, on or after January 1, 2012, of the Agreement with respect to the United States.
“SEC. 102.
RELATIONSHIP OF THE 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, or
“(B)
to limit any authority conferred under any law of the United States,
unless specifically provided for in this Act.
“(b)
Relationship of Agreement to State Law.—
“(1)
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.
“(2)
Definition of state law.—
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 the Agreement or by virtue of congressional approval thereof; 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.
“SEC. 103.
IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE AND INITIAL REGULATIONS.
“(a)
Implementing Actions.—
“(1)
Proclamation authority.—
After the date of the enactment of this Act [Oct. 21, 2011]—
“(A)
the President may proclaim such actions, and
“(B)
other appropriate officers of the United States Government may issue such regulations,
as may be necessary to ensure that any provision of this Act, or amendment made by this Act, that takes effect on the date on which the Agreement enters into force [Oct. 31, 2012] is appropriately implemented on such date, but no such proclamation or regulation may have an effective date earlier than the date on which the Agreement enters into force.
“(2)
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 provisions under section 104 may not take effect before the 15th day after the date on which the text of the proclamation is published in the Federal Register.
“(3)
Waiver of 15-day restriction.—
The 15-day restriction contained in paragraph (2) on the taking effect of proclaimed actions is waived to the extent that the application of such restriction would prevent the taking effect on the date the Agreement enters into force of any action proclaimed under this section.
“(b)
Initial Regulations.—
Initial regulations necessary or appropriate to carry out the actions required by or authorized under this Act or proposed in the statement of administrative action submitted under section 101(a)(2) to implement the Agreement shall, to the maximum extent feasible, be issued within 1 year after the date on which the Agreement enters into force [Oct. 31, 2012]. In the case of any implementing action that takes effect on a date after the date on which the Agreement enters into force, initial regulations to carry out that action shall, to the maximum extent feasible, be issued within 1 year after such effective date.
“SEC. 104.
CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE DATE OF, PROCLAIMED ACTIONS.
“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 135 of the Trade Act of 1974 (19 U.S.C. 2155); and
“(B)
the Commission;
“(2)
the President has submitted to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report 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 on the first day on which the requirements set forth in paragraphs (1) and (2) have been met, has expired; and
“(4)
the President has consulted with the committees referred to in paragraph (2) regarding the proposed action during the period referred to in paragraph (3).
“SEC. 105.
ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.
“(a)
Establishment or Designation of Office.—
The President is authorized to establish or designate within the Department of Commerce an office that shall be responsible for providing administrative assistance to panels established under chapter 20 of the Agreement. The office shall not be considered to be an agency for purposes of section 552 of title 5, United States Code.
“(b)
Authorization of Appropriations.—
There are authorized to be appropriated for each fiscal year after fiscal year 2011 to the Department of Commerce up to $150,000 for the establishment and operations of the office established or designated under subsection (a) and for the payment of the United States share of the expenses of panels established under chapter 20 of the Agreement.
“SEC. 106.
ARBITRATION OF CLAIMS.

“The United States is authorized to resolve any claim against the United States covered by article 10.16.1(a)(i)(C) or article 10.16.1(b)(i)(C) of the Agreement, pursuant to the Investor-State Dispute Settlement procedures set forth in section B of chapter 10 of the Agreement.

“SEC. 107.
EFFECTIVE DATES; EFFECT OF TERMINATION.
“(a)
Effective Dates.—
Except as provided in subsection (b), this Act and the amendments made by this Act take effect on the date on which the Agreement enters into force [Oct. 31, 2012].
“(b)
Exceptions.—
“(1)
In general.—
Sections 1 through 3, this title, and title V take effect on the date of the enactment of this Act [Oct. 21, 2011].
“(2)
Certain amendatory provisions.—
The amendments made by sections 204, 205, 207, and 401 of this Act take effect on the date of the enactment of this Act and apply with respect to Panama on the date on which the Agreement enters into force [Oct. 31, 2012].
“(c)
Termination of the Agreement.—
On the date on which the Agreement terminates, this Act (other than this subsection and title V) and the amendments made by this Act (other than the amendments made by title V) shall cease to have effect.
“TITLE II—
CUSTOMS PROVISIONS
“SEC. 201.
TARIFF MODIFICATIONS.
“(a)
Tariff Modifications Provided for in the Agreement.—
“(1)
Proclamation authority.—
The President may proclaim—
“(A)
such modifications or continuation of any duty,
“(B)
such continuation of duty-free or excise treatment, or
“(C)
such additional duties,
as the President determines to be necessary or appropriate to carry out or apply articles 3.3, 3.5, 3.6, 3.26, 3.27, 3.28, and 3.29, and Annex 3.3, of the Agreement.
“(2)
Effect on gsp status.—
Notwithstanding section 502(a)(1) of the Trade Act of 1974 (19 U.S.C. 2462(a)(1)), the President shall, on the date on which the Agreement enters into force [Oct. 31, 2012], terminate the designation of Panama as a beneficiary developing country for purposes of title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.).
“(3)
Effect on cbera status.—
“(A)
In general.—
Notwithstanding section 212(a) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702(a)), the President shall, on the date on which the Agreement enters into force [Oct. 31, 2012], terminate the designation of Panama as a beneficiary country for purposes of that Act.
“(B)
Exception.—
Notwithstanding subparagraph (A), Panama shall be considered a beneficiary country under section 212(a) of the Caribbean Basin Economic Recovery Act, for purposes of—
“(i)
sections 771(7)(G)(ii)(III) and 771(7)(H) of the Tariff Act of 1930 (19 U.S.C. 1677(7)(G)(ii)(III) and 1677(7)(H));
“(ii)
the duty-free treatment provided under paragraph 4 of the General Notes to the Schedule of the United States to Annex 3.3 of the Agreement; and
“(iii)
section 274(h)(6)(B) of the Internal Revenue Code of 1986 [

Pub. L. 112–42, Oct. 21, 2011, 125 Stat. 462, provided that:

“(2)
to strengthen and develop economic relations between the United States and Colombia for their mutual benefit;
“(3)
to establish free trade between the United States and Colombia through the reduction and elimination of barriers to trade in goods and services and to investment; and
“(4)
to lay the foundation for further cooperation to expand and enhance the benefits of the Agreement.
“SEC. 3.
DEFINITIONS.
“In this Act:
“(1)
Agreement.—
The term ‘Agreement’ means the United States–Colombia Trade Promotion Agreement approved by Congress under section 101(a)(1).
“(2)
Commission.—
The term ‘Commission’ means the United States International Trade Commission.
“(3)
HTS.—
The term ‘HTS’ means the Harmonized Tariff Schedule of the United States.
“(4)
Textile or apparel good.—
The term ‘textile or apparel good’ means a good listed in the Annex to the Agreement on Textiles and Clothing referred to in section 101(d)(4) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)), other than a good listed in Annex 3-C of the Agreement.
“TITLE I—
APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT
“SEC. 101.
APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.
“(a)
Approval of Agreement and Statement of Administrative Action.—
Pursuant to section 2105 of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3805) and section 151 of the Trade Act of 1974 (19 U.S.C. 2191), Congress approves—
“(1)
the United States–Colombia Trade Promotion Agreement entered into on November 22, 2006, with the Government of Colombia, as amended on June 28, 2007, by the United States and Colombia, and submitted to Congress on October 3, 2011; and
“(2)
the statement of administrative action proposed to implement the Agreement that was submitted to Congress on October 3, 2011.
“(b)
Conditions for Entry Into Force of the Agreement.—
At such time as the President determines that Colombia has taken measures necessary to comply with those provisions of the Agreement that are to take effect on the date on which the Agreement enters into force [May 15, 2012], the President is authorized to exchange notes with the Government of Colombia providing for the entry into force, on or after January 1, 2012, of the Agreement with respect to the United States.
“SEC. 102.
RELATIONSHIP OF THE 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, or
“(B)
to limit any authority conferred under any law of the United States,
unless specifically provided for in this Act.
“(b)
Relationship of Agreement to State Law.—
“(1)
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.
“(2)
Definition of state law.—
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 the Agreement or by virtue of congressional approval thereof; 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.
“SEC. 103.
IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE AND INITIAL REGULATIONS.
“(a)
Implementing Actions.—
“(1)
Proclamation authority.—
After the date of the enactment of this Act [Oct. 21, 2001]—
“(A)
the President may proclaim such actions, and
“(B)
other appropriate officers of the United States Government may issue such regulations,
as may be necessary to ensure that any provision of this Act, or amendment made by this Act, that takes effect on the date on which the Agreement enters into force [May 15, 2012] is appropriately implemented on such date, but no such proclamation or regulation may have an effective date earlier than the date on which the Agreement enters into force.
“(2)
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 provisions under section 104 may not take effect before the 15th day after the date on which the text of the proclamation is published in the Federal Register.
“(3)
Waiver of 15-day restriction.—
The 15-day restriction contained in paragraph (2) on the taking effect of proclaimed actions is waived to the extent that the application of such restriction would prevent the taking effect on the date on which the Agreement enters into force of any action proclaimed under this section.
“(b)
Initial Regulations.—
Initial regulations necessary or appropriate to carry out the actions required by or authorized under this Act or proposed in the statement of administrative action submitted under section 101(a)(2) to implement the Agreement shall, to the maximum extent feasible, be issued within 1 year after the date on which the Agreement enters into force [May 15, 2012]. In the case of any implementing action that takes effect on a date after the date on which the Agreement enters into force, initial regulations to carry out that action shall, to the maximum extent feasible, be issued within 1 year after such effective date.
“SEC. 104.
CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE DATE OF, PROCLAIMED ACTIONS.
“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 135 of the Trade Act of 1974 (19 U.S.C. 2155); and
“(B)
the Commission;
“(2)
the President has submitted to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report 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 on the first day on which the requirements set forth in paragraphs (1) and (2) have been met, has expired; and
“(4)
the President has consulted with the committees referred to in paragraph (2) regarding the proposed action during the period referred to in paragraph (3).
“SEC. 105.
ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.
“(a)
Establishment or Designation of Office.—
The President is authorized to establish or designate within the Department of Commerce an office that shall be responsible for providing administrative assistance to panels established under chapter 21 of the Agreement. The office shall not be considered to be an agency for purposes of section 552 of title 5, United States Code.
“(b)
Authorization of Appropriations.—
There are authorized to be appropriated for each fiscal year after fiscal year 2011 to the Department of Commerce up to $262,500 for the establishment and operations of the office established or designated under subsection (a) and for the payment of the United States share of the expenses of panels established under chapter 21 of the Agreement.
“SEC. 106.
ARBITRATION OF CLAIMS.

“The United States is authorized to resolve any claim against the United States covered by article 10.16.1(a)(i)(C) or article 10.16.1(b)(i)(C) of the Agreement, pursuant to the Investor-State Dispute Settlement procedures set forth in section B of chapter 10 of the Agreement.

“SEC. 107.
EFFECTIVE DATES; EFFECT OF TERMINATION.
“(a)
Effective Dates.—
Except as provided in subsection (b) and title V, this Act and the amendments made by this Act take effect on the date on which the Agreement enters into force [May 15, 2012].
“(b)
Exceptions.—
“(1)
In general.—
Sections 1 through 3, this title, and title VI take effect on the date of the enactment of this Act [Oct. 21, 2011].
“(2)
Certain amendatory provisions.—
The amendments made by sections 204, 205, 207, and 401 of this Act take effect on the date of the enactment of this Act and apply with respect to Colombia on the date on which the Agreement enters into force.
“(c)
Termination of the Agreement.—
On the date on which the Agreement terminates, this Act (other than this subsection and titles V and VI) and the amendments made by this Act (other than the amendments made by titles V and VI) shall cease to have effect.
“TITLE II—
CUSTOMS PROVISIONS
“SEC. 201.
TARIFF MODIFICATIONS.
“(a)
Tariff Modifications Provided for in the Agreement.—
“(1)
Proclamation authority.—
The President may proclaim—
“(A)
such modifications or continuation of any duty,
“(B)
such continuation of duty-free or excise treatment, or
“(C)
such additional duties,
as the President determines to be necessary or appropriate to carry out or apply articles 2.3, 2.5, 2.6, and 3.3.13, and Annex 2.3, of the Agreement.
“(2)
Effect on gsp status.—
Notwithstanding section 502(a)(1) of the Trade Act of 1974 (19 U.S.C. 2462(a)(1)), the President shall, on the date on which the Agreement enters into force [May 15, 2012], terminate the designation of Colombia as a beneficiary developing country for purposes of title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.).
“(3)
Effect on atpa status.—
Notwithstanding section 203(a)(1) of the Andean Trade Preference Act (19 U.S.C. 3202(a)(1)), the President shall, on the date on which the Agreement enters into force, terminate the designation of Colombia as a beneficiary country for purposes of that Act.
“(b)
Other Tariff Modifications.—
Subject to the consultation and layover provisions of section 104, the President may proclaim—
“(1)
such modifications or continuation of any duty,
“(2)
such modifications as the United States may agree to with Colombia regarding the staging of any duty treatment set forth in Annex 2.3 of the Agreement,
“(3)
such continuation of duty-free or excise treatment, or
“(4)
such additional duties,
as the President determines to be necessary or appropriate to maintain the general level of reciprocal and mutually advantageous concessions with respect to Colombia provided for by the Agreement.
“(c)
Conversion to Ad Valorem Rates.—
For purposes of subsections (a) and (b), with respect to any good for which the base rate in the Schedule of the United States to Annex 2.3 of the Agreement is a specific or compound rate of duty, the President may substitute for the base rate an ad valorem rate that the President determines to be equivalent to the base rate.
“(d)
Tariff Rate Quotas.—
In implementing the tariff rate quotas set forth in Appendix I to the General Notes to the Schedule of the United States to Annex 2.3 of the Agreement, the President shall take such action as may be necessary to ensure that imports of agricultural goods do not disrupt the orderly marketing of commodities in the United States.
“SEC. 202.
ADDITIONAL DUTIES ON CERTAIN AGRICULTURAL GOODS.
“(a)
Definitions.—
In this section:
“(1)
Applicable ntr (mfn) rate of duty.—
The term ‘applicable NTR (MFN) rate of duty’ means, with respect to a safeguard good, a rate of duty equal to the lowest of—
“(A)
the base rate in the Schedule of the United States to Annex 2.3 of the Agreement;
“(B)
the column 1 general rate of duty that would, on the day before the date on which the Agreement enters into force [May 15, 2012], apply to a good classifiable in the same 8-digit subheading of the HTS as the safeguard good; or
“(C)
the column 1 general rate of duty that would, at the time the additional duty is imposed under subsection (b), apply to a good classifiable in the same 8-digit subheading of the HTS as the safeguard good.
“(2)

United States–Korea Free Trade Agreement Implementation Act

Pub. L. 112–41, Oct. 21, 2011, 125 Stat. 428, as amended by Pub. L. 114–27, title VIII, §§ 801(b), 802(b), June 29, 2015, 129 Stat. 414, 415; Pub. L. 114–125, title IX, § 920(b), Feb. 24, 2016, 130 Stat. 281; Pub. L. 115–31, div. M, title I, § 105(b), May 5, 2017, 131 Stat. 804; Pub. L. 115–123, div. C, title II, § 30201(b), Feb. 9, 2018, 132 Stat. 126; Pub. L. 115–141, div. U, title I, § 107(a), Mar. 23, 2018, 132 Stat. 1171; Pub. L. 115–334, title XII, § 12606, Dec. 20, 2018, 132 Stat. 5006; Pub. L. 116–37, title IV, § 401(b), Aug. 2, 2019, 133 Stat. 1058; Pub. L. 116–164, § 3(b), Oct. 10, 2020, 134 Stat. 758; Pub. L. 117–2, title IX, § 9912(b), Mar. 11, 2021, 135 Stat. 238, provided that:

“SECTION 1.
SHORT TITLE.
“(a)
Short Title.—
This Act may be cited as the ‘United States–Korea Free Trade Agreement Implementation Act’.
“(b)
Table of Contents.—

[Omitted.]

“SEC. 2.
PURPOSES.
“The purposes of this Act are—
“(1)
to approve and implement the free trade agreement between the United States and Korea entered into under the authority of section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3803(b));
“(2)
to secure the benefits of the agreement entered into pursuant to an exchange of letters between the United States and the Government of Korea on February 10, 2011;
“(3)
to strengthen and develop economic relations between the United States and Korea for their mutual benefit;
“(4)
to establish free trade between the United States and Korea through the reduction and elimination of barriers to trade in goods and services and to investment; and
“(5)
to lay the foundation for further cooperation to expand and enhance the benefits of the Agreement.
“SEC. 3.
DEFINITIONS.
“In this Act:
“(1)
Agreement.—
The term ‘Agreement’ means the United States–Korea Free Trade Agreement approved by Congress under section 101(a)(1).
“(2)
Commission.—
The term ‘Commission’ means the United States International Trade Commission.
“(3)
HTS.—
The term ‘HTS’ means the Harmonized Tariff Schedule of the United States.
“(4)
Korea.—
The term ‘Korea’ means the Republic of Korea.
“(5)
Textile or apparel good.—
The term ‘textile or apparel good’ means a good listed in the Annex to the Agreement on Textiles and Clothing referred to in section 101(d)(4) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)).
“TITLE I—
APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT
“SEC. 101.
APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.
“(a)
Approval of Agreement and Statement of Administrative Action.—
Pursuant to section 2105 of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3805) and section 151 of the Trade Act of 1974 (19 U.S.C. 2191), Congress approves—
“(1)
the United States–Korea Free Trade Agreement entered into on June 30, 2007, with the Government of Korea, and submitted to Congress on October 3, 2011; and
“(2)
the statement of administrative action proposed to implement the Agreement that was submitted to Congress on October 3, 2011.
“(b)
Conditions for Entry Into Force of the Agreement.—
At such time as the President determines that Korea has taken measures necessary to comply with those provisions of the Agreement that are to take effect on the date on which the Agreement enters into force [Mar. 15, 2012], the President is authorized to exchange notes with the Government of Korea providing for the entry into force, on or after January 1, 2012, of the Agreement with respect to the United States.
“SEC. 102.
RELATIONSHIP OF THE 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, or
“(B)
to limit any authority conferred under any law of the United States,
unless specifically provided for in this Act.
“(b)
Relationship of Agreement to State Law.—
“(1)
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.
“(2)
Definition of state law.—
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 the Agreement or by virtue of congressional approval thereof; 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.
“SEC. 103.
IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE AND INITIAL REGULATIONS.
“(a)
Implementing Actions.—
“(1)
Proclamation authority.—
After the date of the enactment of this Act [Oct. 21, 2011]—
“(A)
the President may proclaim such actions, and
“(B)
other appropriate officers of the United States Government may issue such regulations,
as may be necessary to ensure that any provision of this Act, or amendment made by this Act, that takes effect on the date on which the Agreement enters into force [Mar. 15, 2012] is appropriately implemented on such date, but no such proclamation or regulation may have an effective date earlier than the date on which the Agreement enters into force.
“(2)
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 provisions under section 104 may not take effect before the 15th day after the date on which the text of the proclamation is published in the Federal Register.
“(3)
Waiver of 15-day restriction.—
The 15-day restriction contained in paragraph (2) on the taking effect of proclaimed actions is waived to the extent that the application of such restriction would prevent the taking effect on the date on which the Agreement enters into force of any action proclaimed under this section.
“(b)
Initial Regulations.—
Initial regulations necessary or appropriate to carry out the actions required by or authorized under this Act or proposed in the statement of administrative action submitted under section 101(a)(2) to implement the Agreement shall, to the maximum extent feasible, be issued within 1 year after the date on which the Agreement enters into force [Mar. 15, 2012]. In the case of any implementing action that takes effect on a date after the date on which the Agreement enters into force, initial regulations to carry out that action shall, to the maximum extent feasible, be issued within 1 year after such effective date.
“SEC. 104.
CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE DATE OF, PROCLAIMED ACTIONS.
“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 135 of the Trade Act of 1974 (19 U.S.C. 2155); and
“(B)
the Commission;
“(2)
the President has submitted to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report 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 on the first day on which the requirements set forth in paragraphs (1) and (2) have been met, has expired; and
“(4)
the President has consulted with the committees referred to in paragraph (2) regarding the proposed action during the period referred to in paragraph (3).
“SEC. 105.
ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.
“(a)
Establishment or Designation of Office.—
The President is authorized to establish or designate within the Department of Commerce an office that shall be responsible for providing administrative assistance to panels established under chapter 22 of the Agreement. The office shall not be considered to be an agency for purposes of section 552 of title 5, United States Code.
“(b)
Authorization of Appropriations.—
There are authorized to be appropriated for each fiscal year after fiscal year 2011 to the Department of Commerce up to $750,000 for the establishment and operations of the office established or designated under subsection (a) and for the payment of the United States [sic] share of the expenses of panels established under chapter 22 of the Agreement.
“SEC. 106.
ARBITRATION OF CLAIMS.

“The United States is authorized to resolve any claim against the United States covered by article 11.16.1(a)(i)(C) or article 11.16.1(b)(i)(C) of the Agreement, pursuant to the Investor-State Dispute Settlement procedures set forth in section B of chapter 11 of the Agreement.

“SEC. 107.
EFFECTIVE DATES; EFFECT OF TERMINATION.
“(a)
Effective Dates.—
Except as provided in subsection (b), this Act and the amendments made by this Act take effect on the date on which the Agreement enters into force [Mar. 15, 2012].
“(b)
Exceptions.—
“(1)
In general.—
Sections 1 through 3, section 207(g), this title, and title V take effect on the date of the enactment of this Act [Oct. 21, 2011].
“(2)
Certain amendatory provisions.—
The amendments made by sections 203, 204, 206, and 401 of this Act take effect on the date of the enactment of this Act and apply with respect to Korea on the date on which the Agreement enters into force [Mar. 15, 2012].
“(c)
Termination of the Agreement.—
On the date on which the Agreement terminates, this Act (other than this subsection and title V) and the amendments made by this Act (other than the amendments made by title V) shall cease to have effect.
“TITLE II—
CUSTOMS PROVISIONS
“SEC. 201.
TARIFF MODIFICATIONS.
“(a)
Tariff Modifications Provided for in the Agreement.—
The President may proclaim—
“(1)
such modifications or continuation of any duty,
“(2)
such continuation of duty-free or excise treatment, or
“(3)
such additional duties,
as the President determines to be necessary or appropriate to carry out or apply articles 2.3, 2.5, and 2.6, and Annex 2-B, Annex 4-B, and Annex 22-A, of the Agreement.
“(b)
Other Tariff Modifications.—
Subject to the consultation and layover provisions of section 104, the President may proclaim—
“(1)
such modifications or continuation of any duty,
“(2)
such modifications as the United States may agree to with Korea regarding the staging of any duty treatment set forth in Annex 2-B of the Agreement,
“(3)
such continuation of duty-free or excise treatment, or
“(4)
such additional duties,
as the President determines to be necessary or appropriate to maintain the general level of reciprocal and mutually advantageous concessions with respect to Korea provided for by the Agreement.
“(c)
Conversion to Ad Valorem Rates.—
For purposes of subsections (a) and (b), with respect to any good for which the base rate in the Schedule of the United States to Annex 2-B of the Agreement is a specific or compound rate of duty, the President may substitute for the base rate an ad valorem rate that the President determines to be equivalent to the base rate.
“(d)
Tariff Treatment of Motor Vehicles.—
The President may proclaim the following tariff treatment with respect to the following motor vehicles of Korea:
“(1)
Certain passenger cars.—
In the case of originating goods of Korea classifiable under subheading 8703.10.10, 8703.10.50, 8703.21.00, 8703.22.00, 8703.23.00, 8703.24.00, 8703.31.00, 8703.32.00, or 8703.33.00 of the HTS that are entered, or withdrawn from warehouse for consumption—
“(A)
the rate of duty for such goods shall be 2.5 percent for year 1 of the Agreement through year 4 of the Agreement; and
“(B)
such goods shall be free of duty for each year thereafter.
“(2)
Electric motor vehicles.—
In the case of originating goods of Korea classifiable under subheading 8703.90.00 of the HTS that are entered, or withdrawn from warehouse for consumption—
“(A)
the rate of duty for such goods shall be—
“(i)
2.0 percent for year 1 of the Agreement;

United States-Peru Trade Promotion Agreement Implementation Act

Pub. L. 110–138, Dec. 14, 2007, 121 Stat. 1455, provided that:

“SECTION 1.
SHORT TITLE; TABLE OF CONTENTS.
“(a)
Short Title.—
This Act may be cited as the ‘United States-Peru Trade Promotion Agreement Implementation Act’.
“(b)
Table of Contents.—

[Omitted.]

“SEC. 2.
PURPOSES.
“The purposes of this Act are—
“(1)
to approve and implement the free trade agreement between the United States and Peru entered into under the authority of section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3803(b));
“(2)
to strengthen and develop economic relations between the United States and Peru for their mutual benefit;
“(3)
to establish free trade between the United States and Peru through the reduction and elimination of barriers to trade in goods and services and to investment; and
“(4)
to lay the foundation for further cooperation to expand and enhance the benefits of the Agreement.
“SEC. 3.
DEFINITIONS.
“In this Act:
“(1)
Agreement.—
The term ‘Agreement’ means the United States-Peru Trade Promotion Agreement approved by Congress under section 101(a)(1).
“(2)
Commission.—
The term ‘Commission’ means the United States International Trade Commission.
“(3)
HTS.—
The term ‘HTS’ means the Harmonized Tariff Schedule of the United States.
“(4)
Textile or apparel good.—
The term ‘textile or apparel good’ means a good listed in the Annex to the Agreement on Textiles and Clothing referred to in section 101(d)(4) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)), other than a good listed in Annex 3–C of the Agreement.
“TITLE I—
APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT
“SEC. 101.
APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.
“(a)
Approval of Agreement and Statement of Administrative Action.—
Pursuant to section 2105 of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3805) and section 151 of the Trade Act of 1974 (19 U.S.C. 2191), Congress approves—
“(1)
the United States-Peru Trade Promotion Agreement entered into on April 12, 2006, with the Government of Peru, as amended on June 24 and June 25, 2007, respectively, by the United States and Peru, and submitted to Congress on September 27, 2007; and
“(2)
the statement of administrative action proposed to implement the Agreement that was submitted to Congress on September 27, 2007.
“(b)
Conditions for Entry Into Force of the Agreement.—
At such time as the President determines that Peru has taken measures necessary to comply with those provisions of the Agreement that are to take effect on the date on which the Agreement enters into force [Feb. 1, 2009], the President is authorized to exchange notes with the Government of Peru providing for the entry into force, on or after January 1, 2008, of the Agreement with respect to the United States.
“SEC. 102.
RELATIONSHIP OF THE 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, or
“(B)
to limit any authority conferred under any law of the United States,
unless specifically provided for in this Act.
“(b)
Relationship of Agreement to State Law.—
“(1)
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.
“(2)
Definition of state law.—
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 the Agreement or by virtue of congressional approval thereof; 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.
“SEC. 103.
IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE AND INITIAL REGULATIONS.
“(a)
Implementing Actions.—
“(1)
Proclamation authority.—
After the date of the enactment of this Act [Dec. 14, 2007]—
“(A)
the President may proclaim such actions, and
“(B)
other appropriate officers of the United States Government may issue such regulations,
as may be necessary to ensure that any provision of this Act, or amendment made by this Act, that takes effect on the date on which the Agreement enters into force [Feb. 1, 2009] is appropriately implemented on such date, but no such proclamation or regulation may have an effective date earlier than the date on which the Agreement enters into force.
“(2)
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 provisions under section 104 may not take effect before the 15th day after the date on which the text of the proclamation is published in the Federal Register.
“(3)
Waiver of 15-day restriction.—
The 15-day restriction contained in paragraph (2) on the taking effect of proclaimed actions is waived to the extent that the application of such restriction would prevent the taking effect on the date the Agreement enters into force of any action proclaimed under this section.
“(b)
Initial Regulations.—
Initial regulations necessary or appropriate to carry out the actions required by or authorized under this Act or proposed in the statement of administrative action submitted under section 101(a)(2) to implement the Agreement shall, to the maximum extent feasible, be issued within 1 year after the date on which the Agreement enters into force. In the case of any implementing action that takes effect on a date after the date on which the Agreement enters into force, initial regulations to carry out that action shall, to the maximum extent feasible, be issued within 1 year after such effective date.
“SEC. 104.
CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE DATE OF, PROCLAIMED ACTIONS.
“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 135 of the Trade Act of 1974 (19 U.S.C. 2155); and
“(B)
the Commission;
“(2)
the President has submitted to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report 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 on the first day on which the requirements set forth in paragraphs (1) and (2) have been met, has expired; and
“(4)
the President has consulted with the committees referred to in paragraph (2) regarding the proposed action during the period referred to in paragraph (3).
“SEC. 105.
ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.
“(a)
Establishment or Designation of Office.—
The President is authorized to establish or designate within the Department of Commerce an office that shall be responsible for providing administrative assistance to panels established under chapter 21 of the Agreement. The office shall not be considered to be an agency for purposes of section 552 of title 5, United States Code.
“(b)
Authorization of Appropriations.—
There are authorized to be appropriated for each fiscal year after fiscal year 2007 to the Department of Commerce such sums as may be necessary for the establishment and operations of the office established or designated under subsection (a) and for the payment of the United States share of the expenses of panels established under chapter 21 of the Agreement.
“SEC. 106.
ARBITRATION OF CLAIMS.

“The United States is authorized to resolve any claim against the United States covered by article 10.16.1(a)(i)(C) or article 10.16.1(b)(i)(C) of the Agreement, pursuant to the Investor-State Dispute Settlement procedures set forth in section B of chapter 10 of the Agreement.

“SEC. 107.
EFFECTIVE DATES; EFFECT OF TERMINATION.
“(a)
Effective Dates.—
Except as provided in subsection (b), this Act and the amendments made by this Act take effect on the date on which the Agreement enters into force [Feb. 1, 2009].
“(b)
Exceptions.—
Sections 1 through 3 and this title take effect on the date of the enactment of this Act [Dec. 14, 2007].
“(c)
Termination of the Agreement.—
On the date on which the Agreement terminates, this Act (other than this subsection) and the amendments made by this Act shall cease to have effect.
“TITLE II—
CUSTOMS PROVISIONS
“SEC. 201.
TARIFF MODIFICATIONS.
“(a)
Tariff Modifications Provided for in the Agreement.—
“(1)
Proclamation authority.—
The President may proclaim—
“(A)
such modifications or continuation of any duty,
“(B)
such continuation of duty-free or excise treatment, or
“(C)
such additional duties,
as the President determines to be necessary or appropriate to carry out or apply articles 2.3, 2.5, 2.6, 3.3.13, and Annex 2.3 of the Agreement.
“(2)
Effect on gsp status.—
Notwithstanding section 502(a)(1) of the Trade Act of 1974 (19 U.S.C. 2462(a)(1)), the President shall, on the date on which the Agreement enters into force [Feb. 1, 2009], terminate the designation of Peru as a beneficiary developing country for purposes of title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.).
“(b)
Other Tariff Modifications.—
Subject to the consultation and layover provisions of section 104, the President may proclaim—
“(1)
such modifications or continuation of any duty,
“(2)
such modifications as the United States may agree to with Peru regarding the staging of any duty treatment set forth in Annex 2.3 of the Agreement,
“(3)
such continuation of duty-free or excise treatment, or
“(4)
such additional duties,
as the President determines to be necessary or appropriate to maintain the general level of reciprocal and mutually advantageous concessions with respect to Peru provided for by the Agreement.
“(c)
Conversion to Ad Valorem Rates.—
For purposes of subsections (a) and (b), with respect to any good for which the base rate in the Schedule of the United States to Annex 2.3 of the Agreement is a specific or compound rate of duty, the President may substitute for the base rate an ad valorem rate that the President determines to be equivalent to the base rate.
“(d)
Tariff Rate Quotas.—
In implementing the tariff rate quotas set forth in Appendix I to the Schedule of the United States to Annex 2.3 of the Agreement, the President shall take such action as may be necessary to ensure that imports of agricultural goods do not disrupt the orderly marketing of commodities in the United States.
“SEC. 202.
ADDITIONAL DUTIES ON CERTAIN AGRICULTURAL GOODS.
“(a)
Definitions.—
In this section:
“(1)
Applicable ntr (mfn) rate of duty.—
The term ‘applicable NTR (MFN) rate of duty’ means, with respect to a safeguard good, a rate of duty equal to the lowest of—
“(A)
the base rate in the Schedule of the United States to Annex 2.3 of the Agreement;
“(B)
the column 1 general rate of duty that would, on the day before the date on which the Agreement enters into force [Feb. 1, 2009], apply to a good classifiable in the same 8-digit subheading of the HTS as the safeguard good; or
“(C)
the column 1 general rate of duty that would, at the time the additional duty is imposed under subsection (b), apply to a good classifiable in the same 8-digit subheading of the HTS as the safeguard good.
“(2)
Schedule rate of duty.—
The term ‘schedule rate of duty’ means, with respect to a safeguard good, the rate of duty for that good that is set forth in the Schedule of the United States to Annex 2.3 of the Agreement.
“(3)
Safeguard good.—
The term ‘safeguard good’ means a good—
“(A)
that is included in the Schedule of the United States to Annex 2.18 of the Agreement;
“(B)
that qualifies as an originating good under section 203, except that operations performed in or material obtained from the United States shall be considered as if the operations were performed in, and the material was obtained from, a country that is not a party to the Agreement; and
“(C)
for which a claim for preferential tariff treatment under the Agreement has been made.
“(b)
Additional Duties on Safeguard Goods.—
“(1)
In general.—
In addition to any duty proclaimed under subsection (a) or (b) of section 201, the Secretary of the Treasury shall assess a duty, in the amount determined under paragraph (2), on a safeguard good imported into the United States in a calendar year if the Secretary determines that, prior to such importation, the total volume of that safeguard good that is imported into the United States in that calendar year exceeds 130 percent of the volume that is provided for that safeguard good in the corresponding year in the applicable table contained in Appendix I of the General Notes to the Schedule of the United States to Annex 2.3 of the Agreement. For purposes of this subsection, year 1 in that table corresponds to the calendar year in which the Agreement enters into force.
“(2)
Calculation of additional duty.—
The additional duty on a safeguard good under this subsection shall be—
“(A)
in years 1 through 12, an amount equal to 100 percent of the excess of the applicable NTR (MFN) rate of duty over the schedule rate of duty; and
“(B)
in years 13 through 16, an amount equal to 50 percent of the excess of the applicable NTR (MFN) rate of duty over the schedule rate of duty.
“(3)
Notice.—
Not later than 60 days after the Secretary of the Treasury first assesses an additional duty in a calendar year on a good under this subsection, the Secretary shall notify the Government of Peru in writing of such action and shall provide to that Government data supporting the assessment of the additional duty.
“(c)
Exceptions.—
No additional duty shall be assessed on a good under subsection (b) if, at the time of entry, the good is subject to import relief under—
“(1)
subtitle A of title III of this Act; or
“(2)
chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.).
“(d)
Termination.—
The assessment of an additional duty on a good under subsection (b) shall cease to apply to that good on the date on which duty-free treatment must be provided to that good under the Schedule of the United States to Annex 2.3 of the Agreement.
“SEC. 203.
RULES OF ORIGIN.
“(a)
Application and Interpretation.—
In this section:
“(1)
Tariff classification.—
The basis for any tariff classification is the HTS.
“(2)
Reference to hts.—

United States-Oman Free Trade Agreement Implementation Act

Pub. L. 109–283, Sept. 26, 2006, 120 Stat. 1191, provided that:

“SECTION 1.
SHORT TITLE; TABLE OF CONTENTS.
“(a)
Short Title.—
This Act may be cited as the ‘United States-Oman Free Trade Agreement Implementation Act’.
“(b)
Table of Contents.—

[Omitted.]

“SEC. 2.
PURPOSES.
“The purposes of this Act are—
“(1)
to approve and implement the Free Trade Agreement between the United States and Oman entered into under the authority of section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3803(b));
“(2)
to strengthen and develop economic relations between the United States and Oman for their mutual benefit;
“(3)
to establish free trade between the 2 nations through the reduction and elimination of barriers to trade in goods and services and to investment; and
“(4)
to lay the foundation for further cooperation to expand and enhance the benefits of such Agreement.
“SEC. 3.
DEFINITIONS.
“In this Act:
“(1)
Agreement.—
The term ‘Agreement’ means the United States-Oman Free Trade Agreement approved by Congress under section 101(a)(1).
“(2)
HTS.—
The term ‘HTS’ means the Harmonized Tariff Schedule of the United States.
“(3)
Textile or apparel good.—
The term ‘textile or apparel good’ means a good listed in the Annex to the Agreement on Textiles and Clothing referred to in section 101(d)(4) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)).
“TITLE I—
APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT
“SEC. 101.
APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.
“(a)
Approval of Agreement and Statement of Administrative Action.—
Pursuant to section 2105 of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3805) and section 151 of the Trade Act of 1974 (19 U.S.C. 2191), Congress approves—
“(1)
the United States-Oman Free Trade Agreement entered into on January 19, 2006, with Oman and submitted to Congress on June 26, 2006; and
“(2)
the statement of administrative action proposed to implement the Agreement that was submitted to Congress on June 26, 2006.
“(b)
Conditions for Entry Into Force of the Agreement.—
At such time as the President determines that Oman has taken measures necessary to bring it into compliance with those provisions of the Agreement that are to take effect on the date on which the Agreement enters into force [Jan. 1, 2009], the President is authorized to exchange notes with the Government of Oman providing for the entry into force, on or after January 1, 2007, of the Agreement with respect to the United States.
“SEC. 102.
RELATIONSHIP OF THE 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, or
“(B)
to limit any authority conferred under any law of the United States,
unless specifically provided for in this Act.
“(b)
Relationship of Agreement to State Law.—
“(1)
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.
“(2)
Definition of state law.—
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 the Agreement or by virtue of congressional approval thereof; 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.
“SEC. 103.
IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE AND INITIAL REGULATIONS.
“(a)
Implementing Actions.—
“(1)
Proclamation authority.—
After the date of the enactment of this Act [Sept. 26, 2006]—
“(A)
the President may proclaim such actions, and
“(B)
other appropriate officers of the United States Government may issue such regulations,
as may be necessary to ensure that any provision of this Act, or amendment made by this Act, that takes effect on the date on which the Agreement enters into force [Jan. 1, 2009] is appropriately implemented on such date, but no such proclamation or regulation may have an effective date earlier than the date on which the Agreement enters into force.
“(2)
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 provisions under section 104 may not take effect before the 15th day after the date on which the text of the proclamation is published in the Federal Register.
“(3)
Waiver of 15-day restriction.—
The 15-day restriction in paragraph (2) on the taking effect of proclaimed actions is waived to the extent that the application of such restriction would prevent the taking effect on the date on which the Agreement enters into force of any action proclaimed under this section.
“(b)
Initial Regulations.—
Initial regulations necessary or appropriate to carry out the actions required by or authorized under this Act or proposed in the statement of administrative action submitted under section 101(a)(2) to implement the Agreement shall, to the maximum extent feasible, be issued within 1 year after the date on which the Agreement enters into force. In the case of any implementing action that takes effect on a date after the date on which the Agreement enters into force, initial regulations to carry out that action shall, to the maximum extent feasible, be issued within 1 year after such effective date.
“SEC. 104.
CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE DATE OF, PROCLAIMED ACTIONS.
“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 135 of the Trade Act of 1974 (19 U.S.C. 2155); and
“(B)
the United States International Trade Commission;
“(2)
the President has submitted to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report 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 on the first day on which the requirements set forth in paragraphs (1) and (2) have been met has expired; and
“(4)
the President has consulted with the Committees referred to in paragraph (2) regarding the proposed action during the period referred to in paragraph (3).
“SEC. 105.
ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.
“(a)
Establishment or Designation of Office.—
The President is authorized to establish or designate within the Department of Commerce an office that shall be responsible for providing administrative assistance to panels established under chapter 20 of the Agreement. The office may not be considered to be an agency for purposes of section 552 of title 5, United States Code.
“(b)
Authorization of Appropriations.—
There are authorized to be appropriated for each fiscal year after fiscal year 2006 to the Department of Commerce such sums as may be necessary for the establishment and operations of the office established or designated under subsection (a) and for the payment of the United States share of the expenses of panels established under chapter 20 of the Agreement.
“SEC. 106.
ARBITRATION OF CLAIMS.

“The United States is authorized to resolve any claim against the United States covered by article 10.15.1(a)(i)(C) or article 10.15.1(b)(i)(C) of the Agreement, pursuant to the Investor-State Dispute Settlement procedures set forth in section B of chapter 10 of the Agreement.

“SEC. 107.
EFFECTIVE DATES; EFFECT OF TERMINATION.
“(a)
Effective Dates.—
Except as provided in subsection (b), the provisions of this Act and the amendments made by this Act take effect on the date on which the Agreement enters into force [Jan. 1, 2009].
“(b)
Exceptions.—
Sections 1 through 3 and this title take effect on the date of the enactment of this Act [Sept. 26, 2006].
“(c)
Termination of the Agreement.—
On the date on which the Agreement terminates, the provisions of this Act (other than this subsection) and the amendments made by this Act shall cease to be effective.
“TITLE II—
CUSTOMS PROVISIONS
“SEC. 201.
TARIFF MODIFICATIONS.
“(a)
Tariff Modifications Provided for in the Agreement.—
“(1)
Proclamation authority.—
The President may proclaim—
“(A)
such modifications or continuation of any duty,
“(B)
such continuation of duty-free or excise treatment, or
“(C)
such additional duties,
as the President determines to be necessary or appropriate to carry out or apply articles 2.3, 2.5, 2.6, 3.2.8, and 3.2.9, and Annex 2–B of the Agreement.
“(2)
Effect on omani gsp status.—
Notwithstanding section 502(a)(1) of the Trade Act of 1974 (19 U.S.C. 2462(a)(1)), the President shall, on the date on which the Agreement enters into force [Jan. 1, 2009], terminate the designation of Oman as a beneficiary developing country for purposes of title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.).
“(b)
Other Tariff Modifications.—
Subject to the consultation and layover provisions of section 104, the President may proclaim—
“(1)
such modifications or continuation of any duty,
“(2)
such modifications as the United States may agree to with Oman regarding the staging of any duty treatment set forth in Annex 2–B of the Agreement,
“(3)
such continuation of duty-free or excise treatment, or
“(4)
such additional duties,
as the President determines to be necessary or appropriate to maintain the general level of reciprocal and mutually advantageous concessions with respect to Oman provided for by the Agreement.
“(c)
Conversion to Ad Valorem Rates.—
For purposes of subsections (a) and (b), with respect to any good for which the base rate in the Tariff Schedule of the United States to Annex 2–B of the Agreement is a specific or compound rate of duty, the President may substitute for the base rate an ad valorem rate that the President determines to be equivalent to the base rate.
“SEC. 202.
RULES OF ORIGIN.
“(a)
Application and Interpretation.—
In this section:
“(1)
Tariff classification.—
The basis for any tariff classification is the HTS.
“(2)
Reference to hts.—
Whenever in this section there is a reference to a heading or subheading, such reference shall be a reference to a heading or subheading of the HTS.
“(b)
Originating Goods.—
“(1)
In general.—
For purposes of this Act and for purposes of implementing the preferential tariff treatment provided for under the Agreement, a good is an originating good if—
“(A)
the good is imported directly—
“(i)
from the territory of Oman into the territory of the United States; or
“(ii)
from the territory of the United States into the territory of Oman; and
“(B)
(i)
the good is a good wholly the growth, product, or manufacture of Oman or the United States, or both;
“(ii)

United States-Bahrain Free Trade Agreement Implementation Act

Pub. L. 109–169, Jan. 11, 2006, 119 Stat. 3581, provided that:

“SECTION 1.
SHORT TITLE; TABLE OF CONTENTS.
“(a)
Short Title.—
This Act may be cited as the ‘United States-Bahrain Free Trade Agreement Implementation Act’.
“(b)
Table of Contents.—

[Omitted.]

“SEC. 2.
PURPOSES.
“The purposes of this Act are—
“(1)
to approve and implement the Free Trade Agreement between the United States and Bahrain entered into under the authority of section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3803(b));
“(2)
to strengthen and develop economic relations between the United States and Bahrain for their mutual benefit;
“(3)
to establish free trade between the 2 nations through the reduction and elimination of barriers to trade in goods and services; and
“(4)
to lay the foundation for further cooperation to expand and enhance the benefits of such Agreement.
“SEC. 3.
DEFINITIONS.
“In this Act:
“(1)
Agreement.—
The term ‘Agreement’ means the United States-Bahrain Free Trade Agreement approved by Congress under section 101(a)(1).
“(2)
HTS.—
The term ‘HTS’ means the Harmonized Tariff Schedule of the United States.
“(3)
Textile or apparel good.—
The term ‘textile or apparel good’ means a good listed in the Annex to the Agreement on Textiles and Clothing referred to in section 101(d)(4) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)).
“TITLE I—
APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT
“SEC. 101.
APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.
“(a)
Approval of Agreement and Statement of Administrative Action.—
Pursuant to section 2105 of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3805) and section 151 of the Trade Act of 1974 (19 U.S.C. 2191), Congress approves—
“(1)
the United States-Bahrain Free Trade Agreement entered into on September 14, 2004, with Bahrain and submitted to Congress on November 16, 2005; and
“(2)
the statement of administrative action proposed to implement the Agreement that was submitted to Congress on November 16, 2005.
“(b)
Conditions for Entry Into Force of the Agreement.—
At such time as the President determines that Bahrain has taken measures necessary to bring it into compliance with those provisions of the Agreement that are to take effect on the date on which the Agreement enters into force [Aug. 1, 2006], the President is authorized to exchange notes with the Government of Bahrain providing for the entry into force, on or after January 1, 2006, of the Agreement with respect to the United States.
“SEC. 102.
RELATIONSHIP OF THE 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; or
“(B)
to limit any authority conferred under any law of the United States,
unless specifically provided for in this Act.
“(b)
Relationship of Agreement to State Law.—
“(1)
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.
“(2)
Definition of state law.—
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 the Agreement or by virtue of congressional approval thereof; 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.
“SEC. 103.
IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE AND INITIAL REGULATIONS.
“(a)
Implementing Actions.—
“(1)
Proclamation authority.—
After the date of the enactment of this Act [Jan. 11, 2006]—
“(A)
the President may proclaim such actions, and
“(B)
other appropriate officers of the United States Government may issue such regulations,
as may be necessary to ensure that any provision of this Act, or amendment made by this Act, that takes effect on the date on which the Agreement enters into force [Aug. 1, 2006] is appropriately implemented on such date, but no such proclamation or regulation may have an effective date earlier than the date on which the Agreement enters into force.
“(2)
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 provisions under section 104 may not take effect before the 15th day after the date on which the text of the proclamation is published in the Federal Register.
“(3)
Waiver of 15-day restriction.—
The 15-day restriction in paragraph (2) on the taking effect of proclaimed actions is waived to the extent that the application of such restriction would prevent the taking effect on the date on which the Agreement enters into force of any action proclaimed under this section.
“(b)
Initial Regulations.—
Initial regulations necessary or appropriate to carry out the actions required by or authorized under this Act or proposed in the statement of administrative action submitted under section 101(a)(2) to implement the Agreement shall, to the maximum extent feasible, be issued within 1 year after the date on which the Agreement enters into force [Aug. 1, 2006]. In the case of any implementing action that takes effect on a date after the date on which the Agreement enters into force, initial regulations to carry out that action shall, to the maximum extent feasible, be issued within 1 year after such effective date.
“SEC. 104.
CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE DATE OF, PROCLAIMED ACTIONS.
“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 135 of the Trade Act of 1974 (19 U.S.C. 2155); and
“(B)
the United States International Trade Commission;
“(2)
the President has submitted to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report 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 on the first day on which the requirements set forth in paragraphs (1) and (2) have been met has expired; and
“(4)
the President has consulted with the Committees referred to in paragraph (2) regarding the proposed action during the period referred to in paragraph (3).
“SEC. 105.
ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.
“(a)
Establishment or Designation of Office.—
The President is authorized to establish or designate within the Department of Commerce an office that shall be responsible for providing administrative assistance to panels established under chapter 19 of the Agreement. The office may not be considered to be an agency for purposes of section 552 of title 5, United States Code.
“(b)
Authorization of Appropriations.—
There are authorized to be appropriated for each fiscal year after fiscal year 2005 to the Department of Commerce such sums as may be necessary for the establishment and operations of the office established or designated under subsection (a) and for the payment of the United States share of the expenses of panels established under chapter 19 of the Agreement.
“SEC. 106.
EFFECTIVE DATES; EFFECT OF TERMINATION.
“(a)
Effective Dates.—
Except as provided in subsection (b), the provisions of this Act and the amendments made by this Act take effect on the date on which the Agreement enters into force [Aug. 1, 2006].
“(b)
Exceptions.—
Sections 1 through 3 and this title take effect on the date of the enactment of this Act [Jan. 11, 2006].
“(c)
Termination of the Agreement.—
On the date on which the Agreement terminates, the provisions of this Act (other than this subsection) and the amendments made by this Act shall cease to be effective.
“TITLE II—
CUSTOMS PROVISIONS
“SEC. 201.
TARIFF MODIFICATIONS.
“(a)
Tariff Modifications Provided for in the Agreement.—
“(1)
Proclamation authority.—
The President may proclaim—
“(A)
such modifications or continuation of any duty,
“(B)
such continuation of duty-free or excise treatment, or
“(C)
such additional duties,
as the President determines to be necessary or appropriate to carry out or apply articles 2.3, 2.5, 2.6, 3.2.8, and 3.2.9, and Annex 2–B of the Agreement.
“(2)
Effect on bahraini gsp status.—
Notwithstanding section 502(a)(1) of the Trade Act of 1974 (19 U.S.C. 2462(a)(1)), the President shall, on the date on which the Agreement enters into force [Aug. 1, 2006], terminate the designation of Bahrain as a beneficiary developing country for purposes of title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.).
“(b)
Other Tariff Modifications.—
Subject to the consultation and layover provisions of section 104, the President may proclaim—
“(1)
such modifications or continuation of any duty,
“(2)
such modifications as the United States may agree to with Bahrain regarding the staging of any duty treatment set forth in Annex 2–B of the Agreement,
“(3)
such continuation of duty-free or excise treatment, or
“(4)
such additional duties,
as the President determines to be necessary or appropriate to maintain the general level of reciprocal and mutually advantageous concessions with respect to Bahrain provided for by the Agreement.
“(c)
Conversion to Ad Valorem Rates.—
For purposes of subsections (a) and (b), with respect to any good for which the base rate in the Tariff Schedule of the United States to Annex 2–B of the Agreement is a specific or compound rate of duty, the President may substitute for the base rate an ad valorem rate that the President determines to be equivalent to the base rate.
“SEC. 202.
RULES OF ORIGIN.
“(a)
Application and Interpretation.—
In this section:
“(1)
Tariff classification.—
The basis for any tariff classification is the HTS.
“(2)
Reference to hts.—
Whenever in this section there is a reference to a heading or subheading, such reference shall be a reference to a heading or subheading of the HTS.
“(b)
Originating Goods.—
“(1)
In general.—
For purposes of this Act and for purposes of implementing the preferential tariff treatment provided for under the Agreement, a good is an originating good if—
“(A)
the good is imported directly—
“(i)
from the territory of Bahrain into the territory of the United States; or
“(ii)
from the territory of the United States into the territory of Bahrain; and
“(B)
(i)
the good is a good wholly the growth, product, or manufacture of Bahrain or the United States, or both;
“(ii)
the good (other than a good to which clause (iii) applies) is a new or different article of commerce that has been grown, produced, or manufactured in Bahrain or the United States, or both, and meets the requirements of paragraph (2); or
“(iii)
(I)
the good is a good covered by Annex 3–A or 4–A of the Agreement;
“(II)
(aa)
each of the nonoriginating materials used in the production of the good undergoes an applicable change in tariff classification specified in such Annex as a result of production occurring entirely in the territory of Bahrain or the United States, or both; or
“(bb)
the good otherwise satisfies the requirements specified in such Annex; and
“(III)
the good satisfies all other applicable requirements of this section.
“(2)
Requirements.—
A good described in paragraph (1)(B)(ii) is an originating good only if the sum of—
“(A)
the value of each material produced in the territory of Bahrain or the United States, or both, and
“(B)
the direct costs of processing operations performed in the territory of Bahrain or the United States, or both,
is not less than 35 percent of the appraised value of the good at the time the good is entered into the territory of the United States.
“(c)
Cumulation.—
“(1)
Originating good or material incorporated into goods of other country.—
An originating good, or a material produced in the territory of Bahrain or the United States, or both, that is incorporated into a good in the territory of the other country shall be considered to originate in the territory of the other country.
“(2)
Multiple producers.—
A good that is grown, produced, or manufactured in the territory of Bahrain or the United States, or both, by 1 or more producers, is an originating good if the good satisfies the requirements of subsection (b) and all other applicable requirements of this section.
“(d)
Value of Materials.—
“(1)
In general.—
Except as provided in paragraph (2), the value of a material produced in the territory of Bahrain or the United States, or both, includes the following:
“(A)
The price actually paid or payable for the material by the producer of the good.
“(B)
The freight, insurance, packing, and all other costs incurred in transporting the material to the producer’s plant, if such costs are not included in the price referred to in subparagraph (A).
“(C)
The cost of waste or spoilage resulting from the use of the material in the growth, production, or manufacture of the good, less the value of recoverable scrap.
“(D)
Taxes or customs duties imposed on the material by Bahrain or the United States, or both, if the taxes or customs duties are not remitted upon exportation from the territory of Bahrain or the United States, as the case may be.
“(2)
Exception.—
If the relationship between the producer of a good and the seller of a material influenced the price actually paid or payable for the material, or if there is no price actually paid or payable by the producer for the material, the value of the material produced in the territory of Bahrain or the United States, or both, includes the following:
“(A)
All expenses incurred in the growth, production, or manufacture of the material, including general expenses.
“(B)
A reasonable amount for profit.
“(C)
Freight, insurance, packing, and all other costs incurred in transporting the material to the producer’s plant.
“(e)
Packaging and Packing Materials and Containers for Retail Sale and for Shipment.—
Packaging and packing materials and containers for retail sale and shipment shall be disregarded in determining whether a good qualifies as an originating good, except to the extent that the value of such packaging and packing materials and containers has been included in meeting the requirements set forth in subsection (b)(2).
“(f)
Indirect Materials.—
Indirect materials shall be disregarded in determining whether a good qualifies as an originating good, except that the cost of such indirect materials may be included in meeting the requirements set forth in subsection (b)(2).
“(g)
Transit and Transshipment.—
A good shall not be considered to meet the requirement of subsection (b)(1)(A) if, after exportation from the territory of Bahrain or the United States, the good undergoes production, manufacturing, or any other operation outside the territory of Bahrain or the United States, other than unloading, reloading, or any other operation necessary to preserve the good in good condition or to transport the good to the territory of Bahrain or the United States.
“(h)
Textile and Apparel Goods.—
“(1)
De minimis amounts of nonoriginating materials.—

United States-Morocco Free Trade Agreement Implementation Act

Pub. L. 108–302, Aug. 17, 2004, 118 Stat. 1103, provided that:

“SECTION 1.
SHORT TITLE; TABLE OF CONTENTS.
“(a)
Short Title.—
This Act may be cited as the ‘United States-Morocco Free Trade Agreement Implementation Act’.
“(b)
Table of Contents.—

[Omitted.]

“SEC. 2.
PURPOSES.
“The purposes of this Act are—
“(1)
to approve and implement the Free Trade Agreement between the United States and Morocco entered into under the authority of section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3803(b));
“(2)
to strengthen and develop economic relations between the United States and Morocco for their mutual benefit;
“(3)
to establish free trade between the 2 nations through the reduction and elimination of barriers to trade in goods and services and to investment; and
“(4)
to lay the foundation for further cooperation to expand and enhance the benefits of such Agreement.
“SEC. 3.
DEFINITIONS.
“In this Act:
“(1)
Agreement.—
The term ‘Agreement’ means the United States-Morocco Free Trade Agreement approved by Congress under section 101(a)(1).
“(2)
HTS.—
The term ‘HTS’ means the Harmonized Tariff Schedule of the United States.
“(3)
Textile or apparel good.—
The term ‘textile or apparel good’ means a good listed in the Annex to the Agreement on Textiles and Clothing referred to in section 101(d)(4) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)).
“TITLE I—
APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT
“SEC. 101.
APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.
“(a)
Approval of Agreement and Statement of Administrative Action.—
Pursuant to section 2105 of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3805) and section 151 of the Trade Act of 1974 (19 U.S.C. 2191), Congress approves—
“(1)
the United States-Morocco Free Trade Agreement entered into on June 15, 2004, with Morocco and submitted to Congress on July 15, 2004; and
“(2)
the statement of administrative action proposed to implement the Agreement that was submitted to Congress on July 15, 2004.
“(b)
Conditions for Entry Into Force of the Agreement.—
At such time as the President determines that Morocco has taken measures necessary to bring it into compliance with those provisions of the Agreement that are to take effect on the date on which the Agreement enters into force [Jan. 1, 2006], the President is authorized to exchange notes with the Government of Morocco providing for the entry into force, on or after January 1, 2005, of the Agreement with respect to the United States.
“SEC. 102.
RELATIONSHIP OF THE 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, or
“(B)

United States-Australia Free Trade Agreement Implementation Act

Pub. L. 108–286, Aug. 3, 2004, 118 Stat. 919, provided that:

“SECTION 1.
SHORT TITLE; TABLE OF CONTENTS.
“(a)
Short Title.—
This Act may be cited as the ‘United States-Australia Free Trade Agreement Implementation Act’.
(b)
Table of Contents.—

[Omitted.]

“SEC. 2.
PURPOSES.
“The purposes of this Act are—
“(1)
to approve and implement the Free Trade Agreement between the United States and Australia, entered into under the authority of section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3803(b));
“(2)
to strengthen and develop economic relations between the United States and Australia for their mutual benefit;
“(3)

United States-Singapore Free Trade Agreement Implementation Act

Pub. L. 108–78, Sept. 3, 2003, 117 Stat. 948, provided that:

“SECTION 1.
SHORT TITLE; TABLE OF CONTENTS.
“(a)
Short Title.—
This Act may be cited as the ‘United States-Singapore Free Trade Agreement Implementation Act’.
“(b)
Table of Contents.—

[Omitted.]

“SEC. 2.
PURPOSES.
“The purposes of this Act are—
“(1)
to approve and implement the Free Trade Agreement between the United States and the Republic of Singapore entered into under the authority of section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 [19 U.S.C. 3803(b)];
“(2)
to strengthen and develop economic relations between the United States and Singapore for their mutual benefit;
“(3)
to establish free trade between the 2 nations through the reduction and elimination of barriers to trade in goods and services and to investment; and
“(4)
to lay the foundation for further cooperation to expand and enhance the benefits of such Agreement.
“SEC. 3.
DEFINITIONS.
“In this Act:
“(1)
Agreement.—
The term ‘Agreement’ means the United States-Singapore Free Trade Agreement approved by Congress under section 101(a).
“(2)
HTS.—
The term ‘HTS’ means the Harmonized Tariff Schedule of the United States.
“TITLE I—
APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT
“SEC. 101.
APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.
“(a)
Approval of Agreement and Statement of Administrative Action.—
Pursuant to section 2105 of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3805) and section 151 of the Trade Act of 1974 (19 U.S.C. 2191), Congress approves—
“(1)
the United States-Singapore Free Trade Agreement entered into on May 6, 2003, with the Government of Singapore and submitted to Congress on July 15, 2003; and
“(2)
the statement of administrative action proposed to implement the Agreement that was submitted to Congress on July 15, 2003.
“(b)
Conditions for Entry Into Force of the Agreement.—

United States-Chile Free Trade Agreement Implementation Act

Pub. L. 108–77, Sept. 3, 2003, 117 Stat. 909, as amended by Pub. L. 108–429, title II, § 2004(d)(7), Dec. 3, 2004, 118 Stat. 2593, provided that:

“SECTION 1.
SHORT TITLE; TABLE OF CONTENTS.
“(a)
Short Title.—
This Act may be cited as the ‘United States-Chile Free Trade Agreement Implementation Act’.
“(b)
Table of Contents.—

[Omitted.]

“SEC. 2.
PURPOSES.
“The purposes of this Act are—
“(1)
to approve and implement the Free Trade Agreement between the United States and the Republic of Chile entered into under the authority of section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 [19 U.S.C. 3803(b)];
“(2)
to strengthen and develop economic relations between the United States and Chile for their mutual benefit;
“(3)
to establish free trade between the 2 nations through the reduction and elimination of barriers to trade in goods and services and to investment; and
“(4)
to lay the foundation for further cooperation to expand and enhance the benefits of such Agreement.
“SEC. 3.
DEFINITIONS.
“In this Act:
“(1)
Agreement.—
The term ‘Agreement’ means the United States-Chile Free Trade Agreement approved by the Congress under section 101(a)(1).
“(2)
HTS.—
The term ‘HTS’ means the Harmonized Tariff Schedule of the United States.
“(3)
Textile or apparel good.—
The term ‘textile or apparel good’ means a good listed in the Annex to the Agreement on Textiles and Clothing referred to in section 101(d)(4) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)).
“TITLE I—
APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT
“SEC. 101.
APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.
“(a)
Approval of Agreement and Statement of Administrative Action.—
Pursuant to section 2105 of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3805) and section 151 of the Trade Act of 1974 (19 U.S.C. 2191), the Congress approves—
“(1)
the United States-Chile Free Trade Agreement entered into on June 6, 2003, with the Government of Chile and submitted to the Congress on July 15, 2003; and
“(2)
the statement of administrative action proposed to implement the Agreement that was submitted to the Congress on July 15, 2003.
“(b)
Conditions for Entry Into Force of the Agreement.—
At such time as the President determines that Chile has taken measures necessary to bring it into compliance with the provisions of the Agreement that take effect on the date on which the Agreement enters into force, the President is authorized to exchange notes with the Government of Chile providing for the entry into force, on or after January 1, 2004, of the Agreement for the United States.
“SEC. 102.
RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE LAW.
“(a)
Relationship 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, or
“(B)
to limit any authority conferred under any law of the United States,
unless specifically provided for in this Act.
“(b)
Relationship of Agreement to State Law.—
“(1)
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.
“(2)
Definition of state law.—
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 the Agreement or by virtue of Congressional approval thereof; 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.
“SEC. 103.
CONSULTATION AND LAYOVER PROVISIONS 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 135 of the Trade Act of 1974 (19 U.S.C. 2155); and
“(B)
the United States 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 on the first day on which the requirements set forth in paragraphs (1) and (2) have been met 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 provisions under subsection (a) may not take effect before the 15th day after the date on which the text of the proclamation is published in the Federal Register.
“SEC. 104.
IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE AND INITIAL REGULATIONS.
“(a)
Implementing Actions.—
“(1)
Proclamation authority.—
After the date of enactment of this Act [Sept. 3, 2003]—
“(A)
the President may proclaim such actions, and
“(B)
other appropriate officers of the United States Government may issue such regulations,
as may be necessary to ensure that any provision of this Act, or amendment made by this Act, that takes effect on the date the Agreement enters into force [Jan. 1, 2004] is appropriately implemented on such date, but no such proclamation or regulation may have an effective date earlier than the date of entry into force.
“(2)
Waiver of 15-day restriction.—
The 15-day restriction contained in section 103(b) on the taking effect of proclaimed actions is waived to the extent that the application of such restriction would prevent the taking effect on the date the Agreement enters into force of any action proclaimed under this section.
“(b)
Initial Regulations.—
Initial regulations necessary or appropriate to carry out the actions required by or authorized under this Act or proposed in the statement of administrative action referred to in section 101(a)(2) to implement the Agreement shall, to the maximum extent feasible, be issued within 1 year after the date of entry into force of the Agreement [Jan. 1, 2004]. In the case of any implementing action that takes effect on a date after the date of entry into force of the Agreement, initial regulations to carry out that action shall, to the maximum extent feasible, be issued within 1 year after such effective date.
“SEC. 105.
ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.
“(a)
Establishment or Designation of Office.—
The President is authorized to establish or designate within the Department of Commerce an office that shall be responsible for providing administrative assistance to panels established under chapter 22 of the Agreement. The office may not be considered to be an agency for purposes of section 552 of title 5, United States Code.
“(b)
Authorization of Appropriations.—
There are authorized to be appropriated for each fiscal year after fiscal year 2003 to the Department of Commerce such sums as may be necessary for the establishment and operations of the office under subsection (a) and for the payment of the United States share of the expenses of panels established under chapter 22 of the Agreement.
“SEC. 106.
ARBITRATION OF CLAIMS.
“(a)
Submission of Certain Claims.—
The United States is authorized to resolve any claim against the United States covered by article 10.15(1)(a)(i)(C) or 10.15(1)(b)(i)(C) of the Agreement, pursuant to the Investor-State Dispute Settlement procedures set forth in section B of chapter 10 of the Agreement.
“(b)
Contract Clauses.—
All contracts executed by any agency of the United States on or after the date of entry into force of the Agreement [Jan. 1, 2004] shall contain a clause specifying the law that will apply to resolve any breach of contract claim.
“SEC. 107.
EFFECTIVE DATES; EFFECT OF TERMINATION.
“(a)
Effective Dates.—
Except as provided in subsection (b), the provisions of this Act and the amendments made by this Act take effect on the date the Agreement enters into force [Jan. 1, 2004].
“(b)
Exceptions.—
Sections 1 through 3 and this title take effect on the date of the enactment of this Act [Sept. 3, 2003].
“(c)
Termination of the Agreement.—
On the date on which the Agreement ceases to be in force, the provisions of this Act (other than this subsection) and the amendments made by this Act shall cease to be effective.
“TITLE II—
CUSTOMS PROVISIONS
“SEC. 201.
TARIFF MODIFICATIONS.
“(a)
Tariff Modifications Provided for in the Agreement.—
“(1)
Proclamation authority.—
The President may proclaim—
“(A)
such modifications or continuation of any duty,
“(B)
such continuation of duty-free or excise treatment, or
“(C)
such additional duties,
as the President determines to be necessary or appropriate to carry out or apply articles 3.3, 3.7, 3.9, article 3.20 (8), (9), (10), and (11), and Annex 3.3 of the Agreement.
“(2)
Effect on chilean gsp status.—
Notwithstanding section 502(a)(1) of the Trade Act of 1974 (19 U.S.C. 2462(a)(1)), the President shall terminate the designation of Chile as a beneficiary developing country for purposes of title V of the Trade Act of 1974 [19 U.S.C. 2461 et seq.] on the date of entry into force of the Agreement [Jan. 1, 2004].
“(b)
Other Tariff Modifications.—
Subject to the consultation and layover provisions of section 103(a), the President may proclaim—
“(1)
such modifications or continuation of any duty,
“(2)
such modifications as the United States may agree to with Chile regarding the staging of any duty treatment set forth in Annex 3.3 of the Agreement,
“(3)
such continuation of duty-free or excise treatment, or