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UNITED STATES-SINGAPORE FREE TRADE AGREEMENT IMPLEMENTATION ACT
[[Page 117 STAT. 948]]
Public Law 108-78
108th Congress
An Act
To implement the United States-Singapore Free Trade
Agreement. <<NOTE: Sept. 3, 2003 - [H.R. 2739]>>
Be it enacted by the Senate and House of Representatives of the
United States of <<NOTE: United States-Singapore Free Trade Agreement
Implementation Act.>> America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. <<NOTE: 19 USC 3805 note.>>
(a) Short Title.--This Act may be cited as the ``United States-
Singapore Free Trade Agreement Implementation Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
TITLE I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT
Sec. 101. Approval and entry into force of the Agreement.
Sec. 102. Relationship of the agreement to United States and State law.
Sec. 103. Consultation and layover provisions for, and effective date
of, proclaimed actions.
Sec. 104. Implementing actions in anticipation of entry into force and
initial regulations.
Sec. 105. Administration of dispute settlement proceedings.
Sec. 106. Arbitration of certain claims.
Sec. 107. Effective dates; effect of termination.
TITLE II--CUSTOMS PROVISIONS
Sec. 201. Tariff modifications.
Sec. 202. Rules of origin.
Sec. 203. Customs user fees.
Sec. 204. Disclosure of incorrect information.
Sec. 205. Enforcement relating to trade in textile and apparel goods.
Sec. 206. Regulations.
TITLE III--RELIEF FROM IMPORTS
Sec. 301. Definitions.
Subtitle A--Relief From Imports Benefiting From the Agreement
Sec. 311. Commencing of action for relief.
Sec. 312. Commission action on petition.
Sec. 313. Provision of relief.
Sec. 314. Termination of relief authority.
Sec. 315. Compensation authority.
Sec. 316. Confidential business information.
Subtitle B--Textile and Apparel Safeguard Measures
Sec. 321. Commencement of action for relief.
Sec. 322. Determination and provision of relief.
Sec. 323. Period of relief.
Sec. 324. Articles exempt from relief.
Sec. 325. Rate after termination of import relief.
Sec. 326. Termination of relief authority.
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Sec. 327. Compensation authority.
Sec. 328. Business confidential information.
Subtitle C--Cases Under Title II of the Trade Act of 1974
Sec. 331. Findings and action on goods from Singapore.
TITLE IV--TEMPORARY ENTRY OF BUSINESS PERSONS
Sec. 401. Nonimmigrant traders and investors.
Sec. 402. Nonimmigrant professionals.
SEC. 2. PURPOSES. <<NOTE: 19 USC 3805 note.>>
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;
(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. <<NOTE: 19 USC 3805 note.>>
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. <<NOTE: 19 USC 3805 note.>> 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.--At such time
as the President determines that Singapore has taken measures necessary
to bring it into compliance with those 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
Singapore providing for the entry into force, on or after January 1,
2004, of the Agreement for the United States.
[[Page 117 STAT. 950]]
SEC. 102. <<NOTE: 19 USC 3805 note.>> 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. <<NOTE: President. 19 USC 3805 note.>> 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; and
(B) the United States International Trade
Commission;
(2) <<NOTE: Reports.>> the President has submitted a report
to the Committee on Finance of the Senate and the Committee on
Ways and Means of the House of Representatives 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 of paragraphs (1) and (2) have been
met has expired; and
[[Page 117 STAT. 951]]
(4) the President has consulted with such Committees
regarding the proposed action during the period referred to in
paragraph (3).
(b) Effective <<NOTE: Federal Register, publication.>> 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. <<NOTE: 19 USC 3805 note.>> 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--
(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 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 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 <<NOTE: Deadlines.>> 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 of entry into force of the Agreement. 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. <<NOTE: 19 USC 3805 note.>> ADMINISTRATION OF DISPUTE
SETTLEMENT PROCEEDINGS.
(a) Establishment <<NOTE: President.>> 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. Such 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 20 of the Agreement.
SEC. 106. <<NOTE: 19 USC 3805 note.>> ARBITRATION OF CERTAIN CLAIMS.
(a) Submission of Certain Claims.--The United States is authorized
to resolve any claim against the United States covered by article
15.15.1(a)(i)(C) or article 15.15.1(b)(i)(C) of the Agreement,
[[Page 117 STAT. 952]]
pursuant to the Investor-State Dispute Settlement procedures set forth
in section C of chapter 15 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
shall contain a clause specifying the law that will apply to resolve any
breach of contract claim.
SEC. 107. <<NOTE: 19 USC 3805 note.>> 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.
(b) Exceptions.--
(1) Sections 1 through 3 and this title take effect on the
date of enactment of this Act.
(2) Section 205 takes effect on the date on which the
textile and apparel provisions of the Agreement take effect
pursuant to article 5.10 of the Agreement.
(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. <<NOTE: 19 USC 3805 note.>> TARIFF MODIFICATIONS.
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