Sec. 144. Pilot program to audit barriers to commerce in developing partner countries
887 words·~4 min read·
/bill/118/s/5491/is/section-144A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall establish a pilot program— to identify and evaluate barriers to commerce in developing countries that are allies and partners of the United States; and to provide assistance to promote economic development and commerce to those countries. Under the pilot program established under subsection (a), the Secretary shall, in partnership with the countries selected under subsection (c)(1)— identify barriers in those countries to enhancing international commerce 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 commerce with those countries, consistent with their international obligations and commitments; and further the national interests of the United States by— expanding prosperity through the elimination of foreign barriers to commercial exchange; assisting such countries to identify and reduce barriers through the provision of foreign assistance to increase— international commerce; and foreign investment; assisting each such country in undertaking reforms that will promote economic development, and promote conditions favorable for business and commercial development and job growth in the country; 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 established under subsection
(a)from among countries— that are developing countries and allies and partners of the United States; the governments of which have clearly demonstrated a willingness to make appropriate legal, policy, and regulatory reforms 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 by the Secretary, in consultation with, as appropriate, the Administrator of the United States Agency for International Development and any other agency. 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 assistance to and make recommendations for addressing those weaknesses, flaws, and impediments; set priorities for commercial development assistance building to focus resources on countries where the provision of such assistance can deliver the best value in identifying and eliminating barriers to trade and investment, including by fostering adherence to international trade obligations; 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; and ensure representation from across multiple geographic regions. Not later than 270 days after the date of the enactment of this Act, and annually thereafter for 3 years, the Secretary, with the concurrence of 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 shall prioritize— countries recommended by chiefs of mission and other agencies present at the missions, such as the United States Agency for International Development— that will be able to substantially benefit from expanded commercial development assistance; and the governments of which have demonstrated the political will to effectively and sustainably implement such assistance; or groups of countries, including groups of geographically contiguous countries, including as recommended by chiefs of mission, that meet the criteria under subparagraph
(A)and as a result of expanded United States commercial development assistance, will contribute to greater intra-regional commerce or regional economic integration. The Secretary, in consultation with the Administrator, as appropriate, shall lead in engaging 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 identify and evaluate barriers to economic and commercial development that then informs United States assistance. 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 8 years after the date of the enactment of this Act.