Collapse to view only § 4011. Approval and entry into force of the Agreement
- § 4011. Approval and entry into force of the Agreement
- § 4012. Relationship of the Agreement to United States and State law
- § 4013. Implementing actions in anticipation of entry into force and initial regulations
- § 4014. Consultation and layover provisions for, and effective date of, proclaimed actions
- § 4015. Administration of dispute settlement proceedings
- § 4016. Arbitration of claims
§ 4011. Approval and entry into force of the Agreement
(a) Approval of Agreement and statement of administrative action
Pursuant to section 3805 of this title and section 2191 of this title, the Congress approves—
(1) the Dominican Republic-Central America-United States Free Trade Agreement entered into on August 5, 2004, with the Governments of Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua, and submitted to the Congress on June 23, 2005; and
(2) the statement of administrative action proposed to implement the Agreement that was submitted to the Congress on June 23, 2005.
(b) Conditions for entry into force of the Agreement
(Pub. L. 109–53, title I, § 101, Aug. 2, 2005, 119 Stat. 464.)
§ 4012. 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
(2) Construction
Nothing in this chapter 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 chapter.
(b) Relationship of Agreement to State law
(1) Legal challenge
(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.
(Pub. L. 109–53, title I, § 102, Aug. 2, 2005, 119 Stat. 464.)
§ 4013. Implementing actions in anticipation of entry into force and initial regulations
(a) Implementing actions
(1) Proclamation authority
After August 2, 2005—
(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 chapter, or amendment made by this chapter, 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
(3) Waiver of 15-day restriction
(b) Initial regulations
(Pub. L. 109–53, title I, § 103, Aug. 2, 2005, 119 Stat. 465.)
§ 4014. Consultation and layover provisions for, and effective date of, proclaimed actionsIf a provision of this chapter 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 2155 of this title; 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 such Committees regarding the proposed action during the period referred to in paragraph (3).
(Pub. L. 109–53, title I, § 104, Aug. 2, 2005, 119 Stat. 465.)
§ 4015. Administration of dispute settlement proceedings
(a) Establishment or designation of office
(b) Authorization of appropriations
(Pub. L. 109–53, title I, § 105, Aug. 2, 2005, 119 Stat. 466.)
§ 4016. 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.
(Pub. L. 109–53, title I, § 106, Aug. 2, 2005, 119 Stat. 466.)