Sec. 203. Support for participation of low-income and lower-middle-income countries in international partnership agreements
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The United States Trade Representative, at the direction of the President, may include, in an international partnership agreement entered into under this title with a low-income country or a lower-middle-income country, provisions providing for— the provision of treatment described in section 202(c) to that country; the extension of untied or tied aid through a United States export, development, or trade agency for energy or manufacturing technologies and projects; lower initial requirements relating to pollution data monitoring and alternative methods to more accurately project and model pollution under the agreement; support for expansion of monitoring and reporting of pollution; and technical assistance to ensure full compliance with the terms of the agreement.
The United States Trade Representative shall establish benchmarks or requirements to assess the progress of a country described in subsection
(a)in fully implementing the terms of the international partnership agreement entered into under this title. The benchmarks and requirements established under paragraph
(1)with respect to a country shall include— improving methods of monitoring, reporting, and verifying pollution levels; if, after the entry into force of the international partnership agreement, new manufacturing or production capacity for a covered product is built in the country but that capacity is owned or operated, or the majority of the financing for that capacity is provided, by an entity associated with a country that is not a party to an international partnership agreement, treating the new capacity— at the pollution intensity of the country that is not a party to an international partnership agreement if the pollution intensity for the covered product produced in that country is greater than the pollution intensity of the covered product produced in the country that is a party to the international partnership agreement; as not eligible for the treatment of a country that is a party to an international partnership agreement described in section 202; and in accordance to the requirements of section 4694 of the Internal Revenue Code of 1986, as added by title I; if, after the entry into force of the international partnership agreement, the ownership, a stake of ownership, or operation of manufacturing or production capacity for a covered product that is in operation on the date of entry into force is transferred to an entity in a country that is not a party to an international partnership agreement, treating such capacity— at the pollution intensity of the country that is not a party to an international partnership agreement if the pollution intensity for the covered product produced in that country is greater than the pollution intensity of the covered product produced in the country that is a party to the international partnership agreement; as not eligible for the treatment of a country that is a party to an international partnership agreement described in section 202; and in accordance to the requirements of section 4694 of the Internal Revenue Code of 1986, as added by title I; and in the case of an international partnership agreement with a nonmarket economy country that is a low-income country or a lower-middle-income country, making progress in developing a market economy. The United States shall maintain the authority to terminate the application of the provisions described in subsection
(a)to a country if the country does not meet the benchmarks and requirements under subsection (b). To the maximum extent practicable, the United States shall seek to include additional high-income countries and upper-middle-income countries in international partnership agreements entered into under this title with low-income countries or lower-middle-income countries.