| Home > 106th Congressional Bills > S. 2677 (rfh) To restrict assistance until certain conditions are satisfied and to support democratic and economic transition in Zimbabwe. [Referred in House] ...
S. 2677 (rfh) To restrict assistance until certain conditions are satisfied and to support democratic and economic transition in Zimbabwe. [Referred in House] ...
108th CONGRESS 2d Session S. 2677 To implement the United States-Morocco Free Trade Agreement. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES July 15, 2004 Mr. Grassley (for himself, Mr. Baucus, and Mr. Frist) (by request) introduced the following bill; which was read twice and referred to the Committee on Finance pursuant to section 2103(b)(3) of Public Law 107- 210 _______________________________________________________________________ A BILL To implement the United States-Morocco Free Trade Agreement. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 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.--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. Implementing actions in anticipation of entry into force and initial regulations. Sec. 104. Consultation and layover provisions for, and effective date of, proclaimed actions. Sec. 105. Administration of dispute settlement proceedings. Sec. 106. Arbitration of claims. Sec. 107. Effective dates; effect of termination. TITLE II--CUSTOMS PROVISIONS Sec. 201. Tariff modifications. Sec. 202. Additional duties on certain agricultural goods. Sec. 203. Rules of origin. Sec. 204. Enforcement relating to trade in textile and apparel goods. Sec. 205. 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. Sec. 327. Compensation authority. Sec. 328. Business confidential information. 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 _______, 2004; and (2) the statement of administrative action proposed to implement the Agreement that was submitted to Congress on _______, 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, 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) 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-- (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 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 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 such Committees 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 2004 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. 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 the Agreement enters into force. (b) Exceptions.--Sections 1 through 3 and this title take effect on the date of the enactment of this Act. (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, 4.1, 4.3.9, 4.3.10, 4.3.11, 4.3.13, 4.3.14, and 4.3.15, and Annex IV of the Agreement. (2) Effect on moroccan 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 Morocco as a beneficiary developing country for purposes of title V of the Trade Act of 1974 on the date of entry into force 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 Morocco regarding the staging of any duty treatment set forth in Annex IV of the Agreement, (3) such continuation of duty-free or excise treatment, or
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