Sec. 202. Amendment to the generalized system of preferences
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Section 502(b) of the Trade Act of 1974 ( 19 U.S.C. 2462(b) ) is amended by adding at the end the following new paragraph: During the 1-year period beginning on the date that is 90 days after the date of the submission of an annual report on trafficking in persons, the President may not designate any country as a beneficiary developing country under this title if that country is also listed as a Tier 3 country in such report. Not later than 90 days after the date of the submission of an annual report on trafficking in persons, the President shall suspend for one year any previous designation of a country as a beneficiary developing country under this title if the country is listed as a Tier 3 country in such report.
The President may waive the prohibition under clause
(i)or a suspension under clause
(ii)with respect to a country if, not later than 90 days after the date of the submission of the applicable annual report on trafficking in persons, the President certifies to the appropriate congressional committees that the government of such country has taken concrete actions to implement the principal recommendations with respect to that country in such report. A certification submitted pursuant to subclause
(I)with respect to a country shall— include a description of the concrete actions that the government of the country has taken to implement the principal recommendations described in the annual report on trafficking in persons; be accompanied by supporting documentation providing credible evidence of each such concrete action, including copies of relevant laws or regulations adopted or modified and any enforcement actions taken, where appropriate; include a certification that none of the eligible articles originating from the country are included on the list of goods produced by child labor or forced labor maintained by the Department of Labor and that all such eligible articles are otherwise reasonably believed to be free of forced labor; include any public comments received from civil society organizations with respect to the laws and practices of the country regarding trafficking in persons; and be published in the Federal Register. The President may not exercise the waiver authority under this clause with respect to a country for more than three consecutive years. Not later than 90 days after the submission of an annual report on trafficking in persons, the President shall notify the government of each Generalized System of Preferences’ country listed as a Tier 2 watch list country in such report that a downgrade to the classification of the country to classification as a Tier 3 country in the next annual report on trafficking in persons will result in— a suspension of the designation of the country as a beneficiary developing country; and the ineligibility of the country for designation as a beneficiary developing country. For purposes of this paragraph: The term annual report on trafficking in persons means the annual report on trafficking in persons required under section 110(b)(1) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7107(b)(1) ). The term appropriate congressional committees means— the Committee on Ways and Means and the Committee on Foreign Affairs of the House of Representatives; and the Committee on Finance and the Committee on Foreign Relations of the Senate. The term Tier 2 watch list country means a country listed in an annual report on trafficking in persons pursuant to section 110(b)(2)(A) of the Trafficking Victims Protection Act of 2000. The term Tier 3 country means a country listed in an annual report on trafficking in persons pursuant to section 110(b)(1)(C) of the Trafficking Victims Protection Act of 2000. .
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