Sec. 4. Designation of Reconstruction Opportunity Zones
892 words·~4 min read·
/bill/117/s/1481/is/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The President may designate an area within Pakistan or Afghanistan described in subparagraph (A)(i) of section 3(8) as a Reconstruction Opportunity Zone if— after consideration of the factors set forth in subsection
(c)of section 502 of the Trade Act of 1974 ( 19 U.S.C. 2462(c) ), the President determines that Pakistan or Afghanistan, as the case may be, is eligible for designation as a beneficiary developing country under that section and is not ineligible under subsection
(b)of such section; and the President determines that— Pakistan or Afghanistan, as the case may be, meets the eligibility criteria set forth in subsection (b); and designation of the area as a Reconstruction Opportunity Zone is appropriate taking into account the factors listed in subsection (c). Pakistan or Afghanistan meets the eligibility criteria set forth in this subsection if Pakistan or Afghanistan, as the case may be— has established, or is making continual progress toward establishing— a market-based economy that— protects private property rights; incorporates an open rules-based trading system; and minimizes government interference in the economy through measures such as price controls, subsidies, and government ownership of economic assets; the rule of law, political pluralism, and the right to due process, a fair trial, and equal protection under the law; economic policies— to reduce poverty; to increase the availability of health care and educational opportunities; to expand physical infrastructure; to promote the development of private enterprise; and to encourage the formation of capital markets through microcredit or other programs; a system to combat corruption and bribery, such as a system involving ratification and implementation of the United Nations Convention Against Corruption, done at New York October 31, 2003; and the protection of core labor standards; is eliminating or has eliminated barriers to trade and investment, including— by providing national treatment and measures to create an environment conducive to domestic and foreign investment; by protecting intellectual property; and by resolving bilateral trade and investment disputes; does not engage in activities that undermine the national security or foreign policy interests of the United States; does not engage in gross violations of internationally recognized human rights; does not provide support for acts of international terrorism; and cooperates in international efforts to eliminate human rights violations and terrorist activities. In determining whether to designate an area in Pakistan or Afghanistan as a Reconstruction Opportunity Zone, the President shall take into account— an expression by the Government of Pakistan or Afghanistan, as the case may be, of its desire to have a particular area designated as a Reconstruction Opportunity Zone under this Act; whether that Government has provided the United States with a monitoring and enforcement plan outlining specific actions that Government will take to cooperate with the United States— to facilitate legitimate cross-border commerce; to ensure that articles for which duty-free treatment is sought pursuant to this Act satisfy the applicable rules of origin described in sections 5 and 6; and to prevent unlawful transshipment, as described in section 7(b)(4); the potential for such designation to create local employment and to promote local and regional economic development; the physical security of the proposed Reconstruction Opportunity Zone; the economic viability of the proposed Reconstruction Opportunity Zone, including— whether there are commitments to finance economic activity proposed for the Reconstruction Opportunity Zone; and whether there is existing or planned infrastructure for power, water, transportation, and communications in the area; whether such designation would be compatible with and contribute to the foreign policy and national security objectives of the United States, taking into account the information provided under subsection (d); and the comments of interested persons submitted pursuant to subsection (e). In determining whether designation of a Reconstruction Opportunity Zone would be compatible with and contribute to the foreign policy and national security objectives of the United States in accordance with subsection (c)(6), the President shall take into account whether the Government of Pakistan or Afghanistan, as the case may be, has provided the United States with a plan outlining specific actions that Government will take to verify the ownership and nature of the activities of entities to be located in the proposed Reconstruction Opportunity Zone. The specific actions outlined in a plan described in paragraph
(1)shall include methods— to annually register each entity by a competent authority in Pakistan or Afghanistan, as the case may be; to collect information from each entity operating in, or proposing to operate in, a Reconstruction Opportunity Zone, including— the name and address of the entity; the name and location of all facilities owned or operated by the entity that are operating in, or proposed to be operating in, a Reconstruction Opportunity Zone; the name, nationality, date and place of birth, and position title of each person who is an owner, director, or officer of the entity; and the nature of the activities of each entity; to update the information required under subparagraph
(B)as changes occur; and to provide such information promptly to the Secretary of State. Before the President designates an area as a Reconstruction Opportunity Zone pursuant to subsection (a), the President shall provide an opportunity for interested persons to submit comments concerning the designation. Before the President designates an area as a Reconstruction Opportunity Zone pursuant to subsection (a), the President shall notify Congress of the President’s intention to make the designation and the reasons for making the designation.
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 4
Designation of Reconstruction Opportunity Zones
Cites 1Cited by 0 across 0 sources