Sec. 401. Pilot program to audit barriers to trade in developing partner countries
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The Secretary of State shall establish a pilot program— to identify and evaluate barriers to trade and investment in developing countries that are partners of the United States; and to provide assistance relating to trade capacity building and trade facilitation to those countries. Under the pilot program established under subsection (a), the Secretary shall, in partnership with the countries selected under subsection (c)(1) to participate in the pilot program— identify barriers in those countries to enhancing international trade and investment with the goal of setting priorities for the efficient use of United States trade-related assistance; focus United States trade-related assistance on building self-sustaining institutional capacity for expanding international trade in those countries, consistent with international obligations and commitments; and further the national interests of the United States by— expanding prosperity through the elimination of foreign barriers to trade and investment; assisting the countries selected under subsection (c)(1) to identify and reduce barriers to— the movement of goods in international commerce; and foreign investment; assisting those countries in undertaking reforms that will encourage economic engagement and sustainable development; and assisting private sector entities in those countries to engage in reform efforts and enhance productive global supply chain partnerships with the United States and allies and partners of the United States.
The Secretary shall select countries for participation in the pilot program under subsection
(a)from among countries— that are developing countries and partners of the United States; the governments of which have clearly demonstrated a willingness to make appropriate legal, policy, and regulatory reforms by adopting internationally recognized best practices that are proven to stimulate economic growth and job creation, consistent with international trade rules and practices; and that meet such additional criteria as may be established jointly by the Secretary and the Administrator of the United States Agency for International Development. In establishing additional criteria under paragraph (1)(C), the Secretary and the Administrator shall— identify and address structural weaknesses, systemic flaws, or other impediments within countries that may be considered for participation in the pilot program under subsection
(a)that impact the effectiveness of United States trade-related assistance and make recommendations for addressing those weaknesses, flaws, and impediments; set priorities for trade capacity building to focus resources on countries where the provision of trade-related assistance can deliver the best value in identifying and eliminating barriers to trade and investment, including by fostering adherence to international trade obligations; and developing appropriate performance measures and establishing annual targets to monitor and assess progress toward those targets, including measures to be used to terminate the provision of assistance determined to be ineffective. Not later than 270 days after the date of the enactment of this Act, and annually thereafter, the Secretary, with the concurrence of the United States Trade Representative and the Administrator, shall select countries under paragraph
(1)for participation in the pilot program under subsection (a). The Secretary shall select for participation in the pilot program under subsection (a)— not fewer than 5 countries during the one-year period beginning on the date of the enactment of this Act; and not fewer than 15 countries during the 5-year period beginning on such date of enactment. In selecting countries under paragraph
(1)for participation in the pilot program under subsection (a), the Secretary, with the concurrence of the Trade Representative and the Administrator, shall prioritize countries recommended by chiefs of mission that— will be able to substantially benefit from expanded United States trade-related assistance; and the governments of which have demonstrated the political will to effectively and sustainably implement such assistance. In carrying out the pilot program established under subsection (a), the Secretary of State shall use the principal trade negotiating objectives set forth in section 102(b) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 ( 19 U.S.C. 4201(b) ) to determine areas of cooperation with a country selected under subsection (c)(1) to participate in the pilot program. The Administrator, in coordination with the Secretary, shall lead efforts to engage relevant officials of each country selected under subsection (c)(1) to participate in the pilot program under subsection
(a)with respect to the development of a plan of action to promote conditions favorable for business and commercial development and economic and job growth in the country. The development of a plan of action under paragraph
(1)shall include a comprehensive analysis of relevant legal, policy, and regulatory constraints to economic and job growth in that country. A plan of action developed under paragraph
(1)for a country shall include the following: Priorities for reform agreed to by the government of that country and the United States. Clearly defined policy responses, including regulatory and legal reforms, as necessary, to achieve improvement in the business and commercial environment in the country. Identification of the anticipated costs to establish and implement the plan. Identification of appropriate sequencing and phasing of implementation of the plan to create cumulative benefits, as appropriate. Identification of best practices and standards. Considerations with respect to how to make the policy reform investments under the plan long-lasting. Appropriate consultation with affected stakeholders in that country and in the United States. The pilot program established under subsection
(a)shall terminate on the date that is 5 years after the date of the enactment of this Act.
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Sec. 401
Pilot program to audit barriers to trade in developing partner countries
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