For purposes of this chapter—
The term “beneficiary country” means any country listed in subsection (b)(1) with respect to which there is in effect a proclamation by the President designating such country as a beneficiary country for purposes of this chapter.
The term “entered” means entered, or withdrawn from warehouse for consumption, in the customs territory of the United States.
The term “HTS” means Harmonized Tariff Schedule of the United States.
Countries eligible for designation; congressional notification
In designating countries as beneficiary countries under this chapter, the President shall consider only the following countries or successor political entities:
Before the President designates any country as a beneficiary country for purposes of this chapter, he shall notify the House of Representatives and the Senate of his intention to make such designation, together with the considerations entering into such decision.
Limitations on designation
The President shall not designate any country a beneficiary country under this chapter—
if such country is a Communist country;
if such country—
has nationalized, expropriated or otherwise seized ownership or control of property owned by a United States citizen or by a corporation, partnership, or association which is 50 percent or more beneficially owned by United States citizens,
has taken steps to repudiate or nullify—
any existing contract or agreement with, or
any patent, trademark, or other intellectual property of,
a United States citizen or a corporation, partnership, or association, which is 50 percent or more beneficially owned by United States citizens, the effect of which is to nationalize, expropriate, or otherwise seize ownership or control of property so owned, or
has imposed or enforced taxes or other exactions, restrictive maintenance or operational conditions, or other measures with respect to property so owned, the effect of which is to nationalize, expropriate, or otherwise seize ownership or control of such property, unless the President determines that—
prompt, adequate, and effective compensation has been or is being made to such citizen, corporation, partnership, or association,
good-faith negotiations to provide prompt, adequate, and effective compensation under the applicable provisions of international law are in progress, or such country is otherwise taking steps to discharge its obligations under international law with respect to such citizen, corporation, partnership, or association, or
a dispute involving such citizen, corporation, partnership, or association, over compensation for such a seizure has been submitted to arbitration under the provisions of the Convention for the Settlement of Investment Disputes, or in another mutually agreed upon forum, and
promptly furnishes a copy of such determination to the Senate and House of Representatives;
if such country fails to act in good faith in recognizing as binding or in enforcing arbitral awards in favor of United States citizens or a corporation, partnership, or association which is 50 percent or more beneficially owned by United States citizens, which have been made by arbitrators appointed for each case or by permanent arbitral bodies to which the parties involved have submitted their dispute;
if such country affords preferential treatment to the products of a developed country, other than the United States, and if such preferential treatment has, or is likely to have, a significant adverse effect on United States commerce, unless the President—
has received assurances satisfactory to him that such preferential treatment will be eliminated or that action will be taken to assure that there will be no such significant adverse effect, and
reports those assurances to the Congress;
if a government-owned entity in such country engages in the broadcast of copyrighted material, including films or television material, belonging to United States copyright owners without their express consent or such country fails to work towards the provision of adequate and effective protection of intellectual property rights;
unless such country is a signatory to a treaty, convention, protocol, or other agreement regarding the extradition of United States citizens; and
if such country has not or is not taking steps to afford internationally recognized worker rights (as defined in section 2467(4) of this title
) to workers in the country (including any designated zone in that country).
Paragraphs (1), (2), (3), (5), and (7) shall not prevent the designation of any country as a beneficiary country under this chapter if the President determines that such designation will be in the national economic or security interest of the United States and reports such determination to the Congress with his reasons therefor.
Factors affecting designation
In determining whether to designate any country a beneficiary country under this chapter, the President shall take into account—
an expression by such country of its desire to be so designated;
the economic conditions in such country, the living standards of its inhabitants, and any other economic factors which he deems appropriate;
the extent to which such country has assured the United States it will provide equitable and reasonable access to the markets and basic commodity resources of such country;
the degree to which such country follows the accepted rules of international trade provided for under the WTO Agreement and the multilateral trade agreements (as such terms are defined in paragraphs (9) and (4), respectively, of section 3501 of this title
the degree to which such country uses export subsidies or imposes export performance requirements or local content requirements which distort international trade;
the degree to which the trade policies of such country as they relate to other beneficiary countries are contributing to the revitalization of the region;
the degree to which such country is undertaking self-help measures to protect its own economic development;
whether or not such country has taken or is taking steps to afford to workers in that country (including any designated zone in that country) internationally recognized worker rights;
the extent to which such country provides under its law adequate and effective means for foreign nationals to secure, exercise, and enforce exclusive rights in intellectual property, including patent, trademark, and copyright rights;
the extent to which such country prohibits its nationals from engaging in the broadcast of copyrighted material, including films or television material, belonging to United States copyright owners without their express consent;
whether such country has met the narcotics cooperation certification criteria set forth in section 2291(h)(2)(A)
See References in Text note below.
of title 22 for eligibility for United States assistance; and
the extent to which such country is prepared to cooperate with the United States in the administration of the provisions of this chapter.
[Pub. L. 102–182, title II, § 203], Dec. 4, 1991, [105 Stat. 1236]; [Pub. L. 103–465, title VI, § 621(a)(3)], Dec. 8, 1994, [108 Stat. 4992]; [Pub. L. 104–188, title I, § 1954(a)(2)], Aug. 20, 1996, [110 Stat. 1927]; [Pub. L. 106–200, title II, § 211(c)(2)], May 18, 2000, [114 Stat. 287]; [Pub. L. 107–210, div. C, title XXXI, § 3103(b)], (e), Aug. 6, 2002, [116 Stat. 1033]; [Pub. L. 111–124, § 2(c)], Dec. 28, 2009, [123 Stat. 3484]; [Pub. L. 111–344, title II, § 201(d)], Dec. 29, 2010, [124 Stat. 3616].)