19 USC 3805 - Implementation of trade agreements

Editorial Notes

References in Text

The Bipartisan Trade Promotion Authority Act of 2002, referred to in subsec. (span)(1)(B), is title XXI of Puspan. L. 107–210, div. B, Aug. 6, 2002, 116 Stat. 993, which is classified principally to this chapter. For complete classification of title XXI to the Code, see section 3801(a) of this title and Tables.

Amendments

2004—Subsec. (c). Puspan. L. 108–429 substituted “and” for “aand” in introductory provisions.

Statutory Notes and Related Subsidiaries

United States–Panama Trade Promotion Agreement Implementation Act

Puspan. L. 112–43, Oct. 21, 2011, 125 Stat. 497, provided that:

“SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

“(a)Short Title.—This Act may be cited as the ‘United States–Panama Trade Promotion Agreement Implementation Act’.

“(span)Table of Contents.—

[Omitted.]

“SEC. 2. PURPOSES.“The purposes of this Act are—

“(1) to approve and implement the free trade agreement between the United States and Panama entered into under the authority of section 2103(span) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3803(span));

“(2) to strengthen and develop economic relations between the United States and Panama for their mutual benefit;

“(3) to establish free trade between the United States and Panama 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 the Agreement.

“SEC. 3. DEFINITIONS.“In this Act:

United States–Colombia Trade Promotion Agreement Implementation Act

Puspan. L. 112–42, Oct. 21, 2011, 125 Stat. 462, provided that:

“SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

“(a)Short Title.—This Act may be cited as the ‘United States–Colombia Trade Promotion Agreement Implementation Act’.

“(span)Table of Contents.—

[Omitted.]

“SEC. 2. PURPOSES.“The purposes of this Act are—

“(1) to approve and implement the free trade agreement between the United States and Colombia entered into under the authority of section 2103(span) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3803(span));

“(2) to strengthen and develop economic relations between the United States and Colombia for their mutual benefit;

“(3) to establish free trade between the United States and Colombia 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 the Agreement.

“SEC. 3. DEFINITIONS.“In this Act:

“(1)Agreement.—The term ‘Agreement’ means the United States–Colombia Trade Promotion Agreement approved by Congress under section 101(a)(1).

“(2)Commission.—The term ‘Commission’ means the United States International Trade Commission.

“(3) HTS.—The term ‘HTS’ means the Harmonized Tariff Schedule of the United States.

“(4)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)), other than a good listed in Annex 3-C of the Agreement.

<span value="I" class="num">“TITLE I—</span><span>APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT</span><section style="-uslm-lc:I580467;"><span value="101" class="num">“SEC. 101.</span><span> APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.</span><div class="subsection"><span value="a" class="num">“(a)</span><span><span class="inline">Approval of Agreement and Statement of Administrative Action</span>.—</span><span>Pursuant to section 2105 of the Bipartisan Trade Promotion Authority Act of 2002 (<span href="/us/usc/t19/s3805" class="ref"><a href="/uscode/19/3805" target="_blank">19 U.S.C. 3805</a></span>) and section 151 of the Trade Act of 1974 (<span href="/us/usc/t19/s2191" class="ref"><a href="/uscode/19/2191" target="_blank">19 U.S.C. 2191</a></span>), Congress approves—</span><div class="paragraph"><span value="1" class="num">“(1)</span><span> the United States–Colombia Trade Promotion Agreement entered into on <span date="2006-11-22" class="date">November 22, 2006</span>, with the Government of Colombia, as amended on <span date="2007-06-28" class="date">June 28, 2007</span>, by the United States and Colombia, and submitted to Congress on <span date="2011-10-03" class="date">October 3, 2011</span>; and</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span> the statement of administrative action proposed to implement the Agreement that was submitted to Congress on <span date="2011-10-03" class="date">October 3, 2011</span>.</span></div></div><div class="subsection"><span value="span" class="num">“(span)</span><span></span></div></section>

United States–Korea Free Trade Agreement Implementation Act

Puspan. L. 112–41, Oct. 21, 2011, 125 Stat. 428, as amended by Puspan. L. 114–27, title VIII, §§ 801(span), 802(span), June 29, 2015, 129 Stat. 414, 415; Puspan. L. 114–125, title IX, § 920(span), Fespan. 24, 2016, 130 Stat. 281; Puspan. L. 115–31, div. M, title I, § 105(span), May 5, 2017, 131 Stat. 804; Puspan. L. 115–123, div. C, title II, § 30201(span), Fespan. 9, 2018, 132 Stat. 126; Puspan. L. 115–141, div. U, title I, § 107(a), Mar. 23, 2018, 132 Stat. 1171; Puspan. L. 115–334, title XII, § 12606, Dec. 20, 2018, 132 Stat. 5006; Puspan. L. 116–37, title IV, § 401(span), Aug. 2, 2019, 133 Stat. 1058; Puspan. L. 116–164, § 3(span), Oct. 10, 2020, 134 Stat. 758; Puspan. L. 117–2, title IX, § 9912(span), Mar. 11, 2021, 135 Stat. 238; Puspan. L. 117–58, div. H, title III, § 80301(span), Nov. 15, 2021, 135 Stat. 1330; Puspan. L. 119–75, div. I, § 5019(span)(2), Fespan. 3, 2026, 140 Stat. 633, provided that:

“SECTION 1. SHORT TITLE.

“(a)Short Title.—This Act may be cited as the ‘United States–Korea Free Trade Agreement Implementation Act’.

“(span)Table of Contents.—

[Omitted.]

“SEC. 2. PURPOSES.“The purposes of this Act are—

“(1) to approve and implement the free trade agreement between the United States and Korea entered into under the authority of section 2103(span) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3803(span));

“(2) to secure the benefits of the agreement entered into pursuant to an exchange of letters between the United States and the Government of Korea on February 10, 2011;

“(3) to strengthen and develop economic relations between the United States and Korea for their mutual benefit;

“(4) to establish free trade between the United States and Korea through the reduction and elimination of barriers to trade in goods and services and to investment; and

“(5) to lay the foundation for further cooperation to expand and enhance the benefits of the Agreement.

“SEC. 3. DEFINITIONS.“In this Act:

“(1)Agreement.—The term ‘Agreement’ means the United States–Korea Free Trade Agreement approved by Congress under section 101(a)(1).

“(2)Commission.—The term ‘Commission’ means the United States International Trade Commission.

“(3)HTS.—The term ‘HTS’ means the Harmonized Tariff Schedule of the United States.

“(4)Korea

United States-Peru Trade Promotion Agreement Implementation Act

Puspan. L. 110–138, Dec. 14, 2007, 121 Stat. 1455, provided that:

“SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

“(a)Short Title.—This Act may be cited as the ‘United States-Peru Trade Promotion Agreement Implementation Act’.

“(span)Table of Contents.—

[Omitted.]

“SEC. 2. PURPOSES.“The purposes of this Act are—

“(1) to approve and implement the free trade agreement between the United States and Peru entered into under the authority of section 2103(span) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3803(span));

“(2) to strengthen and develop economic relations between the United States and Peru for their mutual benefit;

“(3) to establish free trade between the United States and Peru 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 the Agreement.

“SEC. 3. DEFINITIONS.“In this Act:

“(1)Agreement.—The term ‘Agreement’ means the United States-Peru Trade Promotion Agreement approved by Congress under section 101(a)(1).

“(2)Commission.—The term ‘Commission’ means the United States International Trade Commission.

“(3) HTS.—The term ‘HTS’ means the Harmonized Tariff Schedule of the United States.

“(4)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)), other than a good listed in Annex 3–C of the Agreement.

<span value="I" class="num">“TITLE I—</span><span>APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT</span><section style="-uslm-lc:I580467;"><span value="101" class="num">“SEC. 101.</span><span> APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.</span><div class="subsection"><span value="a" class="num">“(a)</span><span><span class="inline">Approval of Agreement and Statement of Administrative Action</span>.—</span><span>Pursuant to section 2105 of the Bipartisan Trade Promotion Authority Act of 2002 (<span href="/us/usc/t19/s3805" class="ref"><a href="/uscode/19/3805" target="_blank">19 U.S.C. 3805</a></span>) and section 151 of the Trade Act of 1974 (<span href="/us/usc/t19/s2191" class="ref"><a href="/uscode/19/2191" target="_blank">19 U.S.C. 2191</a></span>), Congress approves—</span><div class="paragraph"><span value="1" class="num">“(1)</span><span> the United States-Peru Trade Promotion Agreement entered into on <span date="2006-04-12" class="date">April 12, 2006</span>, with the Government of Peru, as amended on June 24 and <span date="2007-06-25" class="date">June 25, 2007</span>, respectively, by the United States and Peru, and submitted to Congress on <span date="2007-09-27" class="date">September 27, 2007</span>; and</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span> the statement of administrative action proposed to implement the Agreement that was submitted to Congress on <span date="2007-09-27" class="date">September 27, 2007</span>.</span></div></div><div class="subsection"><span value="span" class="num">“(span)</span><span><span class="inline">Conditions for Entry Into Force of the Agreement</span>.—</span><span>At such time as the President determines that Peru has taken measures necessary to comply with those provisions of the Agreement that are to take effect on the date on which the Agreement enters into force [<span date="2009-02-01" class="date">Fespan. 1, 2009</span>], the President is authorized to exchange notes with the Government of Peru providing for the entry into force, on or after <span date="2008-01-01" class="date">January 1, 2008</span>, of the Agreement with respect to the United States.</span></div></section><section style="-uslm-lc:I580467;"><span value="102" class="num">“SEC. 102.</span><span> RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE LAW.</span><div class="subsection"><span value="a" class="num">“(a)</span><span><span class="inline">Relationship of Agreement to United States Law.—</span></span><div class="paragraph"><span value="1" class="num">“(1)</span><span><span class="inline">United states law to prevail in conflict</span>.—</span><span>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.</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span><span class="inline">Construction</span>.—</span><span>Nothing in this Act shall be construed—</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span> to amend or modify any law of the United States, or</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span> to limit any authority conferred under any law of the United States,</span></div><div class="continuation">unless specifically provided for in this Act.</div></div></div><div class="subsection"><span value="span" class="num">“(span)</span><span><span class="inline">Relationship of Agreement to State Law.—</span></span><div class="paragraph"><span value="1" class="num">“(1)</span><span><span class="inline">Legal challenge</span>.—</span><span>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.</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span><span class="inline">Definition of state law</span>.—</span><span>For purposes of this subsection, the term ‘State law’ includes—</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span> any law of a political subdivision of a State; and</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span> any State law regulating or taxing the business of insurance.</span></div></div></div><div class="subsection"><span value="c" class="num">“(c)</span><span><span class="inline">Effect of Agreement With Respect to Private Remedies</span>.—</span><span>No person other than the United States—</span><div class="paragraph"><span value="1" class="num">“(1)</span><span> shall have any cause of action or defense under the Agreement or by virtue of congressional approval thereof; or</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span></span></div></div></section>

United States-Oman Free Trade Agreement Implementation Act

Puspan. L. 109–283, Sept. 26, 2006, 120 Stat. 1191, provided that:

“SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

“(a)Short Title.—This Act may be cited as the ‘United States-Oman Free Trade Agreement Implementation Act’.

“(span)Table of Contents.—

[Omitted.]

“SEC. 2. PURPOSES.“The purposes of this Act are—

“(1) to approve and implement the Free Trade Agreement between the United States and Oman entered into under the authority of section 2103(span) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3803(span));

“(2) to strengthen and develop economic relations between the United States and Oman 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-Oman 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)).

<span value="I" class="num">“TITLE I—</span><span></span>

United States-Bahrain Free Trade Agreement Implementation Act

Puspan. L. 109–169, Jan. 11, 2006, 119 Stat. 3581, provided that:

“SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

“(a)Short Title.—This Act may be cited as the ‘United States-Bahrain Free Trade Agreement Implementation Act’.

“(span)Table of Contents.—

[Omitted.]

“SEC. 2. PURPOSES.“The purposes of this Act are—

“(1) to approve and implement the Free Trade Agreement between the United States and Bahrain entered into under the authority of section 2103(span) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3803(span));

“(2) to strengthen and develop economic relations between the United States and Bahrain 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

“(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-Bahrain 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)).

<span value="I" class="num">“TITLE I—</span><span>APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT</span><section style="-uslm-lc:I580467;"><span value="101" class="num">“SEC. 101.</span><span> APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.</span><div class="subsection"><span value="a" class="num">“(a)</span><span><span class="inline">Approval of Agreement and Statement of Administrative Action</span>.—</span><span>Pursuant to section 2105 of the Bipartisan Trade Promotion Authority Act of 2002 (<span href="/us/usc/t19/s3805" class="ref"><a href="/uscode/19/3805" target="_blank">19 U.S.C. 3805</a></span>) and section 151 of the Trade Act of 1974 (<span href="/us/usc/t19/s2191" class="ref"><a href="/uscode/19/2191" target="_blank">19 U.S.C. 2191</a></span>), Congress approves—</span><div class="paragraph"><span value="1" class="num">“(1)</span><span> the United States-Bahrain Free Trade Agreement entered into on <span date="2004-09-14" class="date">September 14, 2004</span>, with Bahrain and submitted to Congress on <span date="2005-11-16" class="date">November 16, 2005</span>; and</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span> the statement of administrative action proposed to implement the Agreement that was submitted to Congress on <span date="2005-11-16" class="date">November 16, 2005</span>.</span></div></div><div class="subsection"><span value="span" class="num">“(span)</span><span><span class="inline">Conditions for Entry Into Force of the Agreement</span>.—</span><span>At such time as the President determines that Bahrain 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 [<span date="2006-08-01" class="date">Aug. 1, 2006</span>], the President is authorized to exchange notes with the Government of Bahrain providing for the entry into force, on or after <span date="2006-01-01" class="date">January 1, 2006</span>, of the Agreement with respect to the United States.</span></div></section><section style="-uslm-lc:I580467;"><span value="102" class="num">“SEC. 102.</span><span> RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE LAW.</span><div class="subsection"><span value="a" class="num">“(a)</span><span><span class="inline">Relationship of Agreement to United States Law.—</span></span><div class="paragraph"><span value="1" class="num">“(1)</span><span><span class="inline">United states law to prevail in conflict</span>.—</span><span>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.</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span><span class="inline">Construction</span>.—</span><span>Nothing in this Act shall be construed—</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span> to amend or modify any law of the United States; or</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span> to limit any authority conferred under any law of the United States,</span></div><div class="continuation">unless specifically provided for in this Act.</div></div></div><div class="subsection"><span value="span" class="num">“(span)</span><span><span class="inline">Relationship of Agreement to State Law.—</span></span><div class="paragraph"><span value="1" class="num">“(1)</span><span><span class="inline">Legal challenge</span>.—</span><span>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.</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span><span class="inline">Definition of state law</span>.—</span><span>For purposes of this subsection, the term ‘State law’ includes—</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span> any law of a political subdivision of a State; and</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span> any State law regulating or taxing the business of insurance.</span></div></div></div><div class="subsection"><span value="c" class="num">“(c)</span><span><span class="inline">Effect of Agreement With Respect to Private Remedies</span>.—</span><span>No person other than the United States—</span><div class="paragraph"><span value="1" class="num">“(1)</span><span> shall have any cause of action or defense under the Agreement or by virtue of congressional approval thereof; or</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span> 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.</span></div></div></section><section style="-uslm-lc:I580467;"><span value="103" class="num">“SEC. 103.</span><span> IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE AND INITIAL REGULATIONS.</span><div class="subsection"><span value="a" class="num">“(a)</span><span><span class="inline">Implementing Actions.—</span></span><div class="paragraph"><span value="1" class="num">“(1)</span><span><span class="inline">Proclamation authority</span>.—</span><span>After the date of the enactment of this Act [<span date="2006-01-11" class="date">Jan. 11, 2006</span>]—</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span> the President may proclaim such actions, and</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span> other appropriate officers of the United States Government may issue such regulations,</span></div><div class="continuation">as may be necessary to ensure that any provision of this Act, or amendment made by this Act, that takes effect on the date on which the Agreement enters into force [<span date="2006-08-01" class="date">Aug. 1, 2006</span>] is appropriately implemented on such date, but no such proclamation or regulation may have an effective date earlier than the date on which the Agreement enters into force.</div></div><div class="paragraph"><span value="2" class="num">“(2)</span><span><span class="inline">Effective date of certain proclaimed actions</span>.—</span><span>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.</span></div><div class="paragraph"><span value="3" class="num">“(3)</span><span><span class="inline">Waiver of 15-day restriction</span>.—</span><span></span></div></div></section>

United States-Morocco Free Trade Agreement Implementation Act

Puspan. L. 108–302, Aug. 17, 2004, 118 Stat. 1103, provided that:

“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’.

“(span)Table of Contents.—

[Omitted.]

“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(span) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3803(span));

“(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)).

<span value="I" class="num">“TITLE I—</span><span>APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT</span><section style="-uslm-lc:I580467;"><span value="101" class="num">“SEC. 101.</span><span> APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.</span><div class="subsection"><span value="a" class="num">“(a)</span><span><span class="inline">Approval of Agreement and Statement of Administrative Action</span>.—</span><span>Pursuant to section 2105 of the Bipartisan Trade Promotion Authority Act of 2002 (<span href="/us/usc/t19/s3805" class="ref"><a href="/uscode/19/3805" target="_blank">19 U.S.C. 3805</a></span>) and section 151 of the Trade Act of 1974 (<span href="/us/usc/t19/s2191" class="ref"><a href="/uscode/19/2191" target="_blank">19 U.S.C. 2191</a></span>), Congress approves—</span><div class="paragraph"><span value="1" class="num">“(1)</span><span> the United States-Morocco Free Trade Agreement entered into on <span date="2004-06-15" class="date">June 15, 2004</span>, with Morocco and submitted to Congress on <span date="2004-07-15" class="date">July 15, 2004</span>; and</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span> the statement of administrative action proposed to implement the Agreement that was submitted to Congress on <span date="2004-07-15" class="date">July 15, 2004</span>.</span></div></div><div class="subsection"><span value="span" class="num">“(span)</span><span><span class="inline">Conditions for Entry Into Force of the Agreement</span>.—</span><span>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 [<span date="2006-01-01" class="date">Jan. 1, 2006</span>], the President is authorized to exchange notes with the Government of Morocco providing for the entry into force, on or after <span date="2005-01-01" class="date">January 1, 2005</span>, of the Agreement with respect to the United States.</span></div></section><section style="-uslm-lc:I580467;"><span value="102" class="num">“SEC. 102.</span><span> RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE LAW.</span><div class="subsection"><span value="a" class="num">“(a)</span><span><span class="inline">Relationship of Agreement to United States Law.—</span></span><div class="paragraph"><span value="1" class="num">“(1)</span><span><span class="inline">United states law to prevail in conflict</span>.—</span><span>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.</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span><span class="inline">Construction</span>.—</span><span>Nothing in this Act shall be construed—</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span> to amend or modify any law of the United States, or</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span> to limit any authority conferred under any law of the United States,</span></div><div class="continuation">unless specifically provided for in this Act.</div></div></div><div class="subsection"><span value="span" class="num">“(span)</span><span><span class="inline">Relationship of Agreement to State Law.—</span></span><div class="paragraph"><span value="1" class="num">“(1)</span><span><span class="inline">Legal challenge</span>.—</span><span>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.</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span><span class="inline">Definition of state law</span>.—</span><span>For purposes of this subsection, the term ‘State law’ includes—</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span> any law of a political subdivision of a State; and</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span> any State law regulating or taxing the business of insurance.</span></div></div></div><div class="subsection"><span value="c" class="num">“(c)</span><span><span class="inline">Effect of Agreement With Respect to Private Remedies</span>.—</span><span>No person other than the United States—</span><div class="paragraph"><span value="1" class="num">“(1)</span><span> shall have any cause of action or defense under the Agreement or by virtue of congressional approval thereof; or</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span> 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.</span></div></div></section><section style="-uslm-lc:I580467;"><span value="103" class="num">“SEC. 103.</span><span> IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE AND INITIAL REGULATIONS.</span><div class="subsection"><span value="a" class="num">“(a)</span><span><span class="inline">Implementing Actions.—</span></span><div class="paragraph"><span value="1" class="num">“(1)</span><span><span class="inline">Proclamation authority</span>.—</span><span>After the date of the enactment of this Act [<span date="2004-08-17" class="date">Aug. 17, 2004</span>]—</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span> the President may proclaim such actions, and</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span> other appropriate officers of the United States Government may issue such regulations,</span></div><div class="continuation">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 [<span date="2006-01-01" class="date">Jan. 1, 2006</span>] 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.</div></div><div class="paragraph"><span value="2" class="num">“(2)</span><span><span class="inline">Effective date of certain proclaimed actions</span>.—</span><span>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.</span></div><div class="paragraph"><span value="3" class="num">“(3)</span><span><span class="inline">Waiver of 15-day restriction</span>.—</span><span>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 [<span date="2006-01-01" class="date">Jan. 1, 2006</span>] of any action proclaimed under this section.</span></div></div><div class="subsection"><span value="span" class="num">“(span)</span><span><span class="inline">Initial Regulations</span>.—</span><span>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 [<span date="2006-01-01" class="date">Jan. 1, 2006</span>]. 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.</span></div></section><section style="-uslm-lc:I580467;"><span value="104" class="num">“SEC. 104.</span><span> CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE DATE OF, PROCLAIMED ACTIONS.</span><span class="indent0" style="-uslm-lc:I21;">“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—</span><div class="paragraph"><span value="1" class="num">“(1)</span><span> the President has obtained advice regarding the proposed action from—</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span> the appropriate advisory committees established under section 135 of the Trade Act of 1974 (<span href="/us/usc/t19/s2155" class="ref"><a href="/uscode/19/2155" target="_blank">19 U.S.C. 2155</a></span>); and</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span> the United States International Trade Commission;</span></div></div><div class="paragraph"><span value="2" class="num">“(2)</span><span> 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—</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span> the action proposed to be proclaimed and the reasons therefor; and</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span> the advice obtained under paragraph (1);</span></div></div><div class="paragraph"><span value="3" class="num">“(3)</span><span> 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</span></div><div class="paragraph"><span value="4" class="num">“(4)</span><span> the President has consulted with such Committees regarding the proposed action during the period referred to in paragraph (3).</span></div></section><section style="-uslm-lc:I580467;"><span value="105" class="num">“SEC. 105.</span><span> ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.</span><div class="subsection"><span value="a" class="num">“(a)</span><span><span class="inline">Establishment or Designation of Office</span>.—</span><span>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 <span href="/us/usc/t5/s552" class="ref">section 552 of title 5</span>, United States Code.</span></div><div class="subsection"><span value="span" class="num">“(span)</span><span><span class="inline">Authorization of Appropriations</span>.—</span><span>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.</span></div></section><section style="-uslm-lc:I580467;"><span value="106" class="num">“SEC. 106.</span><span> ARBITRATION OF CLAIMS.</span><span><p class="indent0" style="-uslm-lc:I21;">“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(span)(i)(C) of the Agreement, pursuant to the Investor-State Dispute Settlement procedures set forth in section B of chapter 10 of the Agreement.</p></span></section><section style="-uslm-lc:I580467;"><span value="107" class="num">“SEC. 107.</span><span> EFFECTIVE DATES; EFFECT OF TERMINATION.</span><div class="subsection"><span value="a" class="num">“(a)</span><span><span class="inline">Effective Dates</span>.—</span><span>Except as provided in subsection (span), the provisions of this Act and the amendments made by this Act take effect on the date the Agreement enters into force [<span date="2006-01-01" class="date">Jan. 1, 2006</span>].</span></div><div class="subsection"><span value="span" class="num">“(span)</span><span><span class="inline">Exceptions</span>.—</span><span>Sections 1 through 3 and this title take effect on the date of the enactment of this Act [<span date="2004-08-17" class="date">Aug. 17, 2004</span>].</span></div><div class="subsection"><span value="c" class="num">“(c)</span><span><span class="inline">Termination of the Agreement</span>.—</span><span>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.</span></div></section><span value="II" class="num">“TITLE II—</span><span>CUSTOMS PROVISIONS</span><section style="-uslm-lc:I580467;"><span value="201" class="num">“SEC. 201.</span><span> TARIFF MODIFICATIONS.</span><div class="subsection"><span value="a" class="num">“(a)</span><span><span class="inline">Tariff Modifications Provided for in the Agreement.—</span></span><div class="paragraph"><span value="1" class="num">“(1)</span><span><span class="inline">Proclamation authority</span>.—</span><span>The President may proclaim—</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span> such modifications or continuation of any duty,</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span> such continuation of duty-free or excise treatment, or</span></div><div class="subparagraph"><span value="C" class="num">“(C)</span><span> such additional duties,</span></div><div class="continuation">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.</div></div><div class="paragraph"><span value="2" class="num">“(2)</span><span><span class="inline">Effect on moroccan gsp status</span>.—</span><span>Notwithstanding section 502(a)(1) of the Trade Act of 1974 (<span href="/us/usc/t19/s2462/a/1" class="ref"><a href="/uscode/19/2462" target="_blank">19 U.S.C. 2462</a>(a)(1)</span>), the President shall terminate the designation of Morocco as a beneficiary developing country for purposes of title V of the Trade Act of 1974 [<span href="/us/usc/t19/s2461" class="ref"><a href="/uscode/19/2461" target="_blank">19 U.S.C. 2461</a></span> et seq.] on the date of entry into force of the Agreement [<span date="2006-01-01" class="date">Jan. 1, 2006</span>].</span></div></div></section>

United States-Australia Free Trade Agreement Implementation Act

Puspan. L. 108–286, Aug. 3, 2004, 118 Stat. 919, provided that:

“SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

“(a)Short Title.—This Act may be cited as the ‘United States-Australia Free Trade Agreement Implementation Act’.

(span)Table of Contents.—

[Omitted.]

“SEC. 2. PURPOSES.“The purposes of this Act are—

“(1) to approve and implement the Free Trade Agreement between the United States and Australia, entered into under the authority of section 2103(span) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3803(span));

“(2) to strengthen and develop economic relations between the United States and Australia 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-Australia 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)).

<span value="I" class="num">“TITLE I—</span><span>APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT</span><section style="-uslm-lc:I580467;"><span value="101" class="num">“SEC. 101.</span><span> APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.</span><div class="subsection"><span value="a" class="num">“(a)</span><span><span class="inline">Approval of Agreement and Statement of Administrative Action</span>.—</span><span>Pursuant to section 2105 of the Bipartisan Trade Promotion Authority Act of 2002 (<span href="/us/usc/t19/s3805" class="ref"><a href="/uscode/19/3805" target="_blank">19 U.S.C. 3805</a></span>) and section 151 of the Trade Act of 1974 (<span href="/us/usc/t19/s2191" class="ref"><a href="/uscode/19/2191" target="_blank">19 U.S.C. 2191</a></span>), Congress approves—</span><div class="paragraph"><span value="1" class="num">“(1)</span><span> the United States-Australia Free Trade Agreement entered into on <span date="2004-05-18" class="date">May 18, 2004</span>, with the Government of Australia and submitted to Congress on <span date="2004-07-06" class="date">July 6, 2004</span>; and</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span> the statement of administrative action proposed to implement the Agreement that was submitted to Congress on <span date="2004-07-06" class="date">July 6, 2004</span>.</span></div></div><div class="subsection"><span value="span" class="num">“(span)</span><span><span class="inline">Conditions for Entry Into Force of the Agreement</span>.—</span><span>At such time as the President determines that Australia 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 [<span date="2005-01-01" class="date">Jan. 1, 2005</span>], the President is authorized to exchange notes with the Government of Australia providing for the entry into force, on or after <span date="2005-01-01" class="date">January 1, 2005</span>, of the Agreement with respect to the United States.</span></div></section><section style="-uslm-lc:I580467;"><span value="102" class="num">“SEC. 102.</span><span> RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE LAW.</span><div class="subsection"><span value="a" class="num">“(a)</span><span><span class="inline">Relationship of Agreement to United States Law.—</span></span><div class="paragraph"><span value="1" class="num">“(1)</span><span><span class="inline">United states law to prevail in conflict</span>.—</span><span>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.</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span><span class="inline">Construction</span>.—</span><span>Nothing in this Act shall be construed—</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span> to amend or modify any law of the United States, or</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span> to limit any authority conferred under any law of the United States,</span></div><div class="continuation">unless specifically provided for in this Act.</div></div></div><div class="subsection"><span value="span" class="num">“(span)</span><span><span class="inline">Relationship of Agreement to State Law.—</span></span><div class="paragraph"><span value="1" class="num">“(1)</span><span><span class="inline">Legal challenge</span>.—</span><span>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.</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span><span class="inline">Definition of state law</span>.—</span><span>For purposes of this subsection, the term ‘State law’ includes—</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span> any law of a political subdivision of a State; and</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span> any State law regulating or taxing the business of insurance.</span></div></div></div><div class="subsection"><span value="c" class="num">“(c)</span><span><span class="inline">Effect of Agreement With Respect to Private Remedies</span>.—</span><span>No person other than the United States—</span><div class="paragraph"><span value="1" class="num">“(1)</span><span> shall have any cause of action or defense under the Agreement or by virtue of congressional approval thereof; or</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span> 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.</span></div></div></section><section style="-uslm-lc:I580467;"><span value="103" class="num">“SEC. 103.</span><span> IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE AND INITIAL REGULATIONS.</span><div class="subsection"><span value="a" class="num">“(a)</span><span><span class="inline">Implementing Actions.—</span></span><div class="paragraph"><span value="1" class="num">“(1)</span><span><span class="inline">Proclamation authority</span>.—</span><span>After the date of the enactment of this Act [<span date="2004-08-03" class="date">Aug. 3, 2004</span>]—</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span> the President may proclaim such actions, and</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span> other appropriate officers of the United States Government may issue such regulations,</span></div><div class="continuation">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 [<span date="2005-01-01" class="date">Jan. 1, 2005</span>] is appropriately implemented on such date, but no such proclamation or regulation may have an effective date earlier than the date on which the Agreement enters into force.</div></div><div class="paragraph"><span value="2" class="num">“(2)</span><span><span class="inline">Effective date of certain proclaimed actions</span>.—</span><span>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.</span></div><div class="paragraph"><span value="3" class="num">“(3)</span><span><span class="inline">Waiver of 15-day restriction</span>.—</span><span>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 [<span date="2005-01-01" class="date">Jan. 1, 2005</span>] of any action proclaimed under this section.</span></div></div><div class="subsection"><span value="span" class="num">“(span)</span><span><span class="inline">Initial Regulations</span>.—</span><span>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 [<span date="2005-01-01" class="date">Jan. 1, 2005</span>], initial regulations to carry out that action shall, to the maximum extent feasible, be issued within 1 year after such effective date.</span></div></section><section style="-uslm-lc:I580467;"><span value="104" class="num">“SEC. 104.</span><span> CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE DATE OF, PROCLAIMED ACTIONS.</span><span class="indent0" style="-uslm-lc:I21;">“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—</span><div class="paragraph"><span value="1" class="num">“(1)</span><span> the President has obtained advice regarding the proposed action from—</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span> the appropriate advisory committees established under section 135 of the Trade Act of 1974 (<span href="/us/usc/t19/s2155" class="ref"><a href="/uscode/19/2155" target="_blank">19 U.S.C. 2155</a></span>); and</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span> the United States International Trade Commission;</span></div></div><div class="paragraph"><span value="2" class="num">“(2)</span><span> 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—</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span> the action proposed to be proclaimed and the reasons therefor; and</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span> the advice obtained under paragraph (1);</span></div></div><div class="paragraph"><span value="3" class="num">“(3)</span><span> 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</span></div><div class="paragraph"><span value="4" class="num">“(4)</span><span> the President has consulted with such Committees regarding the proposed action during the period referred to in paragraph (3).</span></div></section><section style="-uslm-lc:I580467;"><span value="105" class="num">“SEC. 105.</span><span> ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.</span><div class="subsection"><span value="a" class="num">“(a)</span><span></span></div></section>

United States-Singapore Free Trade Agreement Implementation Act

Puspan. L. 108–78, Sept. 3, 2003, 117 Stat. 948, provided that:

“SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

“(a)Short Title.—This Act may be cited as the ‘United States-Singapore Free Trade Agreement Implementation Act’.

“(span)Table of Contents.—

[Omitted.]

“SEC. 2. PURPOSES.“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(span) of the Bipartisan Trade Promotion Authority Act of 2002 [19 U.S.C. 3803(span)];

“(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.“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.

<span value="I" class="num">“TITLE I—</span><span>APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT</span><section style="-uslm-lc:I580467;"><span value="101" class="num">“SEC. 101.</span><span> APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.</span><div class="subsection"><span value="a" class="num">“(a)</span><span><span class="inline">Approval of Agreement and Statement of Administrative Action</span>.—</span><span>Pursuant to section 2105 of the Bipartisan Trade Promotion Authority Act of 2002 (<span href="/us/usc/t19/s3805" class="ref"><a href="/uscode/19/3805" target="_blank">19 U.S.C. 3805</a></span>) and section 151 of the Trade Act of 1974 (<span href="/us/usc/t19/s2191" class="ref"><a href="/uscode/19/2191" target="_blank">19 U.S.C. 2191</a></span>), Congress approves—</span><div class="paragraph"><span value="1" class="num">“(1)</span><span> the United States-Singapore Free Trade Agreement entered into on <span date="2003-05-06" class="date">May 6, 2003</span>, with the Government of Singapore and submitted to Congress on <span date="2003-07-15" class="date">July 15, 2003</span>; and</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span> the statement of administrative action proposed to implement the Agreement that was submitted to Congress on <span date="2003-07-15" class="date">July 15, 2003</span>.</span></div></div><div class="subsection"><span value="span" class="num">“(span)</span><span><span class="inline">Conditions for Entry Into Force of the Agreement</span>.—</span><span>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 <span date="2004-01-01" class="date">January 1, 2004</span>, of the Agreement for the United States.</span></div></section><section style="-uslm-lc:I580467;"><span value="102" class="num">“SEC. 102.</span><span> RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE LAW.</span><div class="subsection"><span value="a" class="num">“(a)</span><span><span class="inline">Relationship of Agreement to United States Law.—</span></span><div class="paragraph"><span value="1" class="num">“(1)</span><span><span class="inline">United states law to prevail in conflict</span>.—</span><span>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.</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span><span class="inline">Construction</span>.—</span><span>Nothing in this Act shall be construed—</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span> to amend or modify any law of the United States, or</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span> to limit any authority conferred under any law of the United States,</span></div><div class="continuation">unless specifically provided for in this Act.</div></div></div><div class="subsection"><span value="span" class="num">“(span)</span><span><span class="inline">Relationship of Agreement to State Law.—</span></span><div class="paragraph"><span value="1" class="num">“(1)</span><span><span class="inline">Legal challenge</span>.—</span><span>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.</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span><span class="inline">Definition of state law</span>.—</span><span>For purposes of this subsection, the term ‘State law’ includes—</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span> any law of a political subdivision of a State; and</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span> any State law regulating or taxing the business of insurance.</span></div></div></div><div class="subsection"><span value="c" class="num">“(c)</span><span><span class="inline">Effect of Agreement With Respect to Private Remedies</span>.—</span><span>No person other than the United States—</span><div class="paragraph"><span value="1" class="num">“(1)</span><span> shall have any cause of action or defense under the Agreement or by virtue of congressional approval thereof; or</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span> 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.</span></div></div></section><section style="-uslm-lc:I580467;"><span value="103" class="num">“SEC. 103.</span><span> CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE DATE OF, PROCLAIMED ACTIONS.</span><div class="subsection"><span value="a" class="num">“(a)</span><span><span class="inline">Consultation and Layover Requirements</span>.—</span><span>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—</span><div class="paragraph"><span value="1" class="num">“(1)</span><span> the President has obtained advice regarding the proposed action from—</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span> the appropriate advisory committees established under section 135 of the Trade Act of 1974 [<span href="/us/usc/t19/s2155" class="ref"><a href="/uscode/19/2155" target="_blank">19 U.S.C. 2155</a></span>]; and</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span> the United States International Trade Commission;</span></div></div><div class="paragraph"><span value="2" class="num">“(2)</span><span> 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—</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span> the action proposed to be proclaimed and the reasons therefor; and</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span> the advice obtained under paragraph (1);</span></div></div><div class="paragraph"><span value="3" class="num">“(3)</span><span> 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</span></div><div class="paragraph"><span value="4" class="num">“(4)</span><span> the President has consulted with such Committees regarding the proposed action during the period referred to in paragraph (3).</span></div></div><div class="subsection"><span value="span" class="num">“(span)</span><span><span class="inline">Effective Date of Certain Proclaimed Actions</span>.—</span><span>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.</span></div></section><section style="-uslm-lc:I580467;"><span value="104" class="num">“SEC. 104.</span><span> IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE AND INITIAL REGULATIONS.</span><div class="subsection"><span value="a" class="num">“(a)</span><span><span class="inline">Implementing Actions.—</span></span><div class="paragraph"><span value="1" class="num">“(1)</span><span><span class="inline">Proclamation authority</span>.—</span><span>After the date of enactment of this Act [<span date="2003-09-03" class="date">Sept. 3, 2003</span>]—</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span> the President may proclaim such actions, and</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span> other appropriate officers of the United States Government may issue such regulations—</span></div><div class="continuation">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 [<span date="2004-01-01" class="date">Jan. 1, 2004</span>] 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.</div></div><div class="paragraph"><span value="2" class="num">“(2)</span><span><span class="inline">Waiver of 15-day restriction</span>.—</span><span>The 15-day restriction in section 103(span) 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.</span></div></div><div class="subsection"><span value="span" class="num">“(span)</span><span><span class="inline">Initial Regulations</span>.—</span><span>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 [<span date="2004-01-01" class="date">Jan. 1, 2004</span>]. 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.</span></div></section><section style="-uslm-lc:I580467;"><span value="105" class="num">“SEC. 105.</span><span> ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.</span><div class="subsection"><span value="a" class="num">“(a)</span><span><span class="inline">Establishment or Designation of Office</span>.—</span><span>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 <span href="/us/usc/t5/s552" class="ref">section 552 of title 5</span>, United States Code.</span></div><div class="subsection"><span value="span" class="num">“(span)</span><span><span class="inline">Authorization of Appropriations</span>.—</span><span>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.</span></div></section><section style="-uslm-lc:I580467;"><span value="106" class="num">“SEC. 106.</span><span> ARBITRATION OF CERTAIN CLAIMS.</span><div class="subsection"><span value="a" class="num">“(a)</span><span><span class="inline">Submission of Certain Claims</span>.—</span><span>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(span)(i)(C) of the Agreement, pursuant to the Investor-State Dispute Settlement procedures set forth in section C of chapter 15 of the Agreement.</span></div><div class="subsection"><span value="span" class="num">“(span)</span><span><span class="inline">Contract Clauses</span>.—</span><span>All contracts executed by any agency of the United States on or after the date of entry into force of the Agreement [<span date="2004-01-01" class="date">Jan. 1, 2004</span>] shall contain a clause specifying the law that will apply to resolve any breach of contract claim.</span></div></section><section style="-uslm-lc:I580467;"><span value="107" class="num">“SEC. 107.</span><span> EFFECTIVE DATES; EFFECT OF TERMINATION.</span><div class="subsection"><span value="a" class="num">“(a)</span><span><span class="inline">Effective Dates</span>.—</span><span>Except as provided in subsection (span), the provisions of this Act and the amendments made by this Act take effect on the date the Agreement enters into force [<span date="2004-01-01" class="date">Jan. 1, 2004</span>].</span></div><div class="subsection"><span value="span" class="num">“(span)</span><span><span class="inline">Exceptions.—</span></span><div class="paragraph"><span value="1" class="num">“(1)</span><span> Sections 1 through 3 and this title take effect on the date of enactment of this Act [<span date="2003-09-03" class="date">Sept. 3, 2003</span>].</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span></span></div></div></section>

United States-Chile Free Trade Agreement Implementation Act

Puspan. L. 108–77, Sept. 3, 2003, 117 Stat. 909, as amended by Puspan. L. 108–429, title II, § 2004(d)(7), Dec. 3, 2004, 118 Stat. 2593, provided that:

“SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

“(a)Short Title.—This Act may be cited as the ‘United States-Chile Free Trade Agreement Implementation Act’.

“(span) Table of Contents.—

Executive Documents

Delegation of Functions

For delegation of functions of President under this section, see section 1 of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under section 3801 of this title.