Collapse to view only § 2518. Definitions
- § 2511. General authority to modify discriminatory purchasing requirements
- § 2512. Authority to encourage reciprocal competitive procurement practices
- § 2513. Waiver of discriminatory purchasing requirements with respect to purchases of civil aircraft
- § 2514. Expansion of the coverage of the Agreement
- § 2515. Monitoring and enforcement
- § 2516. Repealed.
- § 2517. Availability of information to Members of Congress designated as official advisers
- § 2518. Definitions
§ 2511. General authority to modify discriminatory purchasing requirements
(a) Presidential waiver of discriminatory purchasing requirements
Subject to subsection (f) of this section, the President may waive, in whole or in part, with respect to eligible products of any foreign country or instrumentality designated under subsection (b), and suppliers of such products, the application of any law, regulation, procedure, or practice regarding Government procurement that would, if applied to such products and suppliers, result in treatment less favorable than that accorded—
(1) to United States products and suppliers of such products; or
(2) to eligible products of another foreign country or instrumentality which is a party to the Agreement and suppliers of such products.
(b) Designation of eligible countries and instrumentalities
The President may designate a foreign country or instrumentality for purposes of subsection (a) only if he determines that such country or instrumentality—
(1) is a country or instrumentality which (A) has become a party to the Agreement or the USMCA (as defined in section 4502 of this title), and (B) will provide appropriate reciprocal competitive government procurement opportunities to United States products and suppliers of such products;
(2) is a country or instrumentality, other than a major industrial country, which (A) will otherwise assume the obligations of the Agreement, and (B) will provide such opportunities to such products and suppliers;
(3) is a country or instrumentality, other than a major industrial country, which will provide such opportunities to such products and suppliers; or
(4) is a least developed country.
(c) Modification or withdrawal of waivers and designations
(d) Omitted
(e) Procurement procedures by certain Federal agencies
(f) Small business and minority preferences
(Pub. L. 96–39, title III, § 301, July 26, 1979, 93 Stat. 236; Pub. L. 100–418, title VII, § 7005(e), Aug. 23, 1988, 102 Stat. 1553; Pub. L. 103–182, title III, § 381(a), Dec. 8, 1993, 107 Stat. 2128; Pub. L. 116–113, title V, § 505(a), Jan. 29, 2020, 134 Stat. 77.)
§ 2512. Authority to encourage reciprocal competitive procurement practices
(a) Authority to bar procurement from non-designated countries
(1) In generalSubject to paragraph (2), the President, in order to encourage additional countries to become parties to the Agreement and to provide appropriate reciprocal competitive government procurement opportunities to United States products and suppliers of such products—
(A) shall, with respect to procurement covered by the Agreement, prohibit the procurement, after the date on which any waiver under section 2511(a) of this title first takes effect, of products—
(i) which are products of a foreign country or instrumentality which is not designated pursuant to section 2511(b) of this title, and
(ii) which would otherwise be eligible products; and
(B) may, with respect to procurement covered by the Agreement, take such other actions within the President’s authority as the President deems necessary.
(2) ExceptionParagraph (1) shall not apply in the case of procurements for which—
(A) there are no offers of products or services of the United States or of eligible products; or
(B) the offers of products or services of the United States or of eligible products are insufficient to fulfill the requirements of the United States Government.
(b) Deferrals and waiversNotwithstanding subsection (a), but in furtherance of the objective of encouraging countries to become parties to the Agreement and provide appropriate reciprocal competitive government procurement opportunities to United States products and suppliers of such products, the President may—
(1) waive the prohibition required by subsection (a)(1) on procurement of products of a foreign country or instrumentality which has not yet become a party to the Agreement but—
(A) has agreed to apply transparent and competitive procedures to its government procurement equivalent to those in the Agreement, and
(B) maintains and enforces effective prohibitions on bribery and other corrupt practices in connection with its government procurement;
(2) authorize agency heads to waive, subject to interagency review and general policy guidance by the organization established under section 1872(a) of this title, such prohibition on a case-by-case basis when in the national interest; and
(3) authorize the Secretary of Defense to waive, subject to interagency review and policy guidance by the organization established under section 1872(a) of this title, such prohibition for products of any country or instrumentality which enters into a reciprocal procurement agreement with the Department of Defense.
Before exercising the waiver authority under paragraph (1), the President shall consult with the appropriate private sector advisory committees established under section 2155 of this title and with the appropriate committees of the Congress.
(c) Report on impact of restrictions
(1) Impact on the economy
(2) Recommendations for attaining reciprocity
(3) Consultation
(d) Proposed action
(1) Presidential report
(2) Procedure
(A) Presidential determination
(B) Congressional consideration
(Pub. L. 96–39, title III, § 302, July 26, 1979, 93 Stat. 236; Pub. L. 103–182, title III, § 381(b), Dec. 8, 1993, 107 Stat. 2129; Pub. L. 103–465, title III, § 343(a), (b), Dec. 8, 1994, 108 Stat. 4954, 4955.)
§ 2513. Waiver of discriminatory purchasing requirements with respect to purchases of civil aircraft
The President may waive the application of the provisions of chapter 83 of title 41 in the case of any procurement of civil aircraft and related articles of a country or instrumentality which is a party to the Agreement on Trade in Civil Aircraft referred to in section 2503(c) of this title and approved under section 2503(a) of this title. The President may modify or withdraw any waiver granted pursuant to this section.
(Pub. L. 96–39, title III, § 303, July 26, 1979, 93 Stat. 238; Pub. L. 103–465, title III, § 342(a), Dec. 8, 1994, 108 Stat. 4953.)
§ 2514. Expansion of the coverage of the Agreement
(a) Overall negotiating objective
(b) Sector negotiating objectives
(c) Independent verification objective
(d) Reports on negotiations
(1) Report in the event of inadequate progress
(2) Legislative recommendations
(3) Annual reports
(e) Extension of nondiscrimination and national treatment
(Pub. L. 96–39, title III, § 304, July 26, 1979, 93 Stat. 238; Pub. L. 103–465, title III, § 342(b), Dec. 8, 1994, 108 Stat. 4953; Pub. L. 104–295, § 20(c)(11), Oct. 11, 1996, 110 Stat. 3528.)
§ 2515. Monitoring and enforcement
(a) Monitoring and enforcement structure recommendations
(b) Rules of origin
(1) Advisory rulings and final determinations
(2) Penalties for fraudulent conduct
(c) Report to Congress on rules of origin
(1) Domestic administrative practices
(2) Foreign administrative practices
(Pub. L. 96–39, title III, § 305, July 26, 1979, 93 Stat. 239; Pub. L. 100–418, title VII, § 7003, Aug. 23, 1988, 102 Stat. 1548; Pub. L. 103–465, title III, §§ 341, 342(c), 343(c), Dec. 8, 1994, 108 Stat. 4951, 4953, 4955; Pub. L. 104–295, § 20(c)(10), (13), Oct. 11, 1996, 110 Stat. 3528.)
§ 2516. Repealed. Pub. L. 103–355, title VII, § 7206(c), Oct. 13, 1994, 108 Stat. 3382; Pub. L. 103–465, title III, § 342(d), Dec. 8, 1994, 108 Stat. 4953
§ 2517. Availability of information to Members of Congress designated as official advisers
The United States Trade Representative shall make available to the Members of Congress designated as official advisers pursuant to section 2211 of this title information compiled by the Committee on Government Procurement under article XIX(5) of the Agreement.
(Pub. L. 96–39, title III, § 307, July 26, 1979, 93 Stat. 240; 1979 Reorg. Plan No. 3, § 1(b)(1), eff. Jan. 2, 1980, 44 F.R. 69273, 93 Stat. 1381; Pub. L. 103–465, title III, § 342(e), Dec. 8, 1994, 108 Stat. 4953.)
§ 2518. Definitions
As used in this subchapter—
(1) Agreement
(2) Civil aircraft
The term “civil aircraft and related articles” means—
(A) all aircraft other than aircraft to be purchased for use by the Department of Defense or the United States Coast Guard;
(B) the engines (and parts and components for incorporation therein) of such aircraft;
(C) any other parts, components, and subassemblies for incorporation in such aircraft; and
(D) any ground flight simulators, and parts and components thereof, for use with respect to such aircraft,
whether to be purchased for use as original or replacement equipment in the manufacture, repair, maintenance, rebuilding, modification, or conversion of such aircraft, and without regard to whether such aircraft or articles receive duty-free treatment pursuant to section 601(a)(2).
(3) Developed countries
(4) Eligible product
(A) In general
The term “eligible product” means, with respect to any foreign country or instrumentality that is—
(i) a party to the Agreement, a product or service of that country or instrumentality which is covered under the Agreement for procurement by the United States;
(ii) Mexico, as a party to the USMCA (as defined in section 4502 of this title), a product or service of that country or instrumentality which is covered under the USMCA for procurement by the United States;
(iii) a party to a free trade agreement that entered into force with respect to the United States after December 31, 2003, and before January 2, 2005, a product or service of that country or instrumentality which is covered under the free trade agreement for procurement by the United States;
(iv) a party to the Dominican Republic-Central America-United States Free Trade Agreement, a product or service of that country or instrumentality which is covered under that Agreement for procurement by the United States;
(v) a party to a free trade agreement that entered into force with respect to the United States after December 31, 2005, and before July 2, 2006, a product or service of that country or instrumentality which is covered under the free trade agreement for procurement by the United States;
(vi) a party to the United States-Oman Free Trade Agreement, a product or service of that country or instrumentality which is covered under that Agreement for procurement by the United States;
(vii) a party to the United States-Peru Trade Promotion Agreement, a product or service of that country or instrumentality which is covered under that agreement for procurement by the United States;
(viii) a party to the United States–Korea Free Trade Agreement, a product or service of that country or instrumentality which is covered under that agreement for procurement by the United States;
(ix) a party to the United States–Colombia Trade Promotion Agreement, a product or service of that country or instrumentality which is covered under that agreement for procurement by the United States; or
(x) a party to the United States–Panama Trade Promotion Agreement, a product or service of that country or instrumentality which is covered under that agreement for procurement by the United States.
(B) Rule of origin
(C) Lowered threshold for certain products as a consequence of United States-Israel free trade area provisions
The term “eligible product” includes a product or service of Israel for which the United States is obligated to waive Buy National restrictions under—
(i) the Agreement on the Establishment of a Free Trade Area between the Government of the United States of America and the Government of Israel, regardless of the thresholds provided for in the Agreement (as defined in paragraph (1)), or
(ii) any subsequent agreement between the United States and Israel which lowers on a reciprocal basis the applicable threshold for entities covered by the Agreement.
(D) Lowered threshold for certain products as a consequence of United States-Canada Free-Trade Agreement
(5) Instrumentality
(6) Least developed country
(7) Major industrial country
(Pub. L. 96–39, title III, § 308, July 26, 1979, 93 Stat. 241; Pub. L. 99–47, § 7, June 11, 1985, 99 Stat. 84; Pub. L. 100–449, title III, § 306, Sept. 28, 1988, 102 Stat. 1876; Pub. L. 103–182, title III, § 381(c), Dec. 8, 1993, 107 Stat. 2129; Pub. L. 103–465, title III, § 342(f), Dec. 8, 1994, 108 Stat. 4953; Pub. L. 104–295, § 20(c)(12), Oct. 11, 1996, 110 Stat. 3528; Pub. L. 108–286, title IV, § 401, Aug. 3, 2004, 118 Stat. 950; Pub. L. 109–53, title IV, § 401, Aug. 2, 2005, 119 Stat. 495; Pub. L. 109–169, title IV, § 401, Jan. 11, 2006, 119 Stat. 3599; Pub. L. 109–283, title IV, § 401, Sept. 26, 2006, 120 Stat. 1209; Pub. L. 110–138, title IV, § 401, Dec. 14, 2007, 121 Stat. 1486; Pub. L. 112–41, title IV, § 401, Oct. 21, 2011, 125 Stat. 459; Pub. L. 112–42, title IV, § 401, Oct. 21, 2011, 125 Stat. 494; Pub. L. 112–43, title IV, § 401, Oct. 21, 2011, 125 Stat. 529; Pub. L. 116–113, title V, § 505(b), Jan. 29, 2020, 134 Stat. 77.)