Sec. 105. Monitoring and review of eligibility under Generalized System of Preferences
879 words·~4 min read·
/bill/114/hr/1295/eah/section-105A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 506A(a)(3) of the Trade Act of 1974 ( 19 U.S.C. 2466a(a)(3) ) is amended— by striking If the President and inserting the following: If the President ; and by adding at the end the following: The President may not terminate the designation of a country as a beneficiary sub-Saharan African country under subparagraph
(A)unless, at least 60 days before the termination of such designation, the President notifies Congress and notifies the country of the President’s intention to terminate such designation, together with the considerations entering into the decision to terminate such designation. . Section 506A of the Trade Act of 1974 ( 19 U.S.C. 2466a ) is amended— by redesignating subsection
(c)as subsection (d); and by inserting after subsection
(b)the following: The President may withdraw, suspend, or limit the application of duty-free treatment provided for any article described in subsection (b)(1) of this section or section 112 of the African Growth and Opportunity Act with respect to a beneficiary sub-Saharan African country if the President determines that withdrawing, suspending, or limiting such duty-free treatment would be more effective in promoting compliance by the country with the requirements described in subsection (a)(1) than terminating the designation of the country as a beneficiary sub-Saharan African country for purposes of this section. The President may not withdraw, suspend, or limit the application of duty-free treatment under paragraph
(1)unless, at least 60 days before such withdrawal, suspension, or limitation, the President notifies Congress and notifies the country of the President’s intention to withdraw, suspend, or limit such duty-free treatment, together with the considerations entering into the decision to terminate such designation. . Section 506A of the Trade Act of 1974 ( 19 U.S.C. 2466a ), as so amended, is further amended— by redesignating subsection
(d)as subsection (e); and by inserting after subsection
(c)the following: In carrying out subsection (a)(2), the President shall publish annually in the Federal Register a notice of review and request for public comments on whether beneficiary sub-Saharan African countries are meeting the eligibility requirements set forth in section 104 of the African Growth and Opportunity Act and the eligibility criteria set forth in section 502 of this Act. The United States Trade Representative shall, not later than 30 days after the date on which the President publishes the notice of review and request for public comments under paragraph (1)— hold a public hearing on such review and request for public comments; and publish in the Federal Register, before such hearing is held, notice of— the time and place of such hearing; and the time and place at which such public comments will be accepted. Not later than 60 days after the date of the enactment of this subsection, the President shall establish a process to allow any interested person, at any time, to file a petition with the Office of the United States Trade Representative with respect to the compliance of any country listed in section 107 of the African Growth and Opportunity Act with the eligibility requirements set forth in section 104 of such Act and the eligibility criteria set forth in section 502 of this Act. The President shall take into account all petitions filed pursuant to subparagraph
(A)in making determinations of compliance under subsections (a)(3)(A) and
(c)and in preparing any reports required by this title as such reports apply with respect to beneficiary sub-Saharan African countries. The President may, at any time, initiate an out-of-cycle review of whether a beneficiary sub-Saharan African country is making continual progress in meeting the requirements described in paragraph (1). The President shall give due consideration to petitions received under paragraph
(3)in determining whether to initiate an out-of-cycle review under this subparagraph. Before initiating an out-of-cycle review under subparagraph (A), the President shall notify and consult with Congress. If, pursuant to an out-of-cycle review conducted under subparagraph (A), the President determines that a beneficiary sub-Saharan African country does not meet the requirements set forth in section 104(a) of the African Growth and Opportunity Act ( 19 U.S.C. 3703(a) ), the President shall, subject to the requirements of subsections (a)(3)(B) and (c)(2), terminate the designation of the country as a beneficiary sub-Saharan African country or withdraw, suspend, or limit the application of duty-free treatment with respect to articles from the country. After each out-of-cycle review conducted under subparagraph
(A)with respect to a country, the President shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on the review and any determination of the President to terminate the designation of the country as a beneficiary sub-Saharan African country or withdraw, suspend, or limit the application of duty-free treatment with respect to articles from the country under subparagraph (C). Recognizing that concerns have been raised about the compliance with section 104(a) of the African Growth and Opportunity Act ( 19 U.S.C. 3703(a) ) of some beneficiary sub-Saharan African countries, the President shall initiate an out-of-cycle review under subparagraph
(A)with respect to South Africa, the most developed of the beneficiary sub-Saharan African countries, and other beneficiary countries as appropriate, not later than 30 days after the date of the enactment of the Trade Preferences Extension Act of 2015. .
Connectionstraces to 2
Traces to 2 documents
Citation graph
cites case law
Sec. 105
Monitoring and review of eligibility under Generalized System of Preferences
Cites 2Cited by 0 across 0 sources