§ 2518. Definitions

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As used in this subchapter—

(1)Agreement The term “Agreement” means the Agreement on Government Procurement referred to in section 3511(d)(17) of this title, as submitted to the Congress, but including rectifications, modifications, and amendments which are accepted by the United States.

(2)Civil aircraft The term “civil aircraft and related articles” means—

(A)all aircraft other than aircraft to be purchased for use by the Department of Defense or the United States Coast Guard;

(B)the engines (and parts and components for incorporation therein) of such aircraft;

(C)any other parts, components, and subassemblies for incorporation in such aircraft; and

(D)any ground flight simulators, and parts and components thereof, for use with respect to such aircraft,

whether to be purchased for use as original or replacement equipment in the manufacture, repair, maintenance, rebuilding, modification, or conversion of such aircraft, and without regard to whether such aircraft or articles receive duty-free treatment pursuant to section 601(a)(2).

(3)Developed countries The term “developed countries” means countries so designated by the President.

(4)Eligible product

(A)In general The term “eligible product” means, with respect to any foreign country or instrumentality that is—

(i)a party to the Agreement, a product or service of that country or instrumentality which is covered under the Agreement for procurement by the United States;

(ii)Mexico, as a party to the USMCA (as defined in section 4502 of this title), a product or service of that country or instrumentality which is covered under the USMCA for procurement by the United States;

(iii)a party to a free trade agreement that entered into force with respect to the United States after December 31, 2003, and before January 2, 2005, a product or service of that country or instrumentality which is covered under the free trade agreement for procurement by the United States;

(iv)a party to the Dominican Republic-Central America-United States Free Trade Agreement, a product or service of that country or instrumentality which is covered under that Agreement for procurement by the United States;

(v)a party to a free trade agreement that entered into force with respect to the United States after December 31, 2005, and before July 2, 2006, a product or service of that country or instrumentality which is covered under the free trade agreement for procurement by the United States;

(vi)a party to the United States-Oman Free Trade Agreement, a product or service of that country or instrumentality which is covered under that Agreement for procurement by the United States;

(vii)a party to the United States-Peru Trade Promotion Agreement, a product or service of that country or instrumentality which is covered under that agreement for procurement by the United States;

(viii)a party to the United States–Korea Free Trade Agreement, a product or service of that country or instrumentality which is covered under that agreement for procurement by the United States;

(ix)a party to the United States–Colombia Trade Promotion Agreement, a product or service of that country or instrumentality which is covered under that agreement for procurement by the United States; or

(x)a party to the United States–Panama Trade Promotion Agreement, a product or service of that country or instrumentality which is covered under that agreement for procurement by the United States.

(B)Rule of origin An article is a product of a country or instrumentality only if

(i)it is wholly the growth, product, or manufacture of that country or instrumentality, or

(ii)in the case of an article which consists in whole or in part of materials from another country or instrumentality, it has been substantially transformed into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was so transformed.

(C)Lowered threshold for certain products as a consequence of United States-Israel free trade area provisions The term “eligible product” includes a product or service of Israel for which the United States is obligated to waive Buy National restrictions under—

(i)the Agreement on the Establishment of a Free Trade Area between the Government of the United States of America and the Government of Israel, regardless of the thresholds provided for in the Agreement (as defined in paragraph (1)), or

(ii)any subsequent agreement between the United States and Israel which lowers on a reciprocal basis the applicable threshold for entities covered by the Agreement.

(D)Lowered threshold for certain products as a consequence of United States-Canada Free-Trade Agreement Except as otherwise agreed by the United States and Canada under paragraph 3 of article 1304 of the United States-Canada Free-Trade Agreement, the term “eligible product” includes a product or service of Canada having a contract value of $25,000 or more that would be covered for procurement by the United States under the Agreement (as defined in paragraph (1)), but for the thresholds provided for in the Agreement.

(5)Instrumentality The term “instrumentality” shall not be construed to include an agency or division of the government of a country, but may be construed to include such arrangements as the European Economic Community.

(6)Least developed country The term “least developed country” means any country on the United Nations General Assembly list of least developed countries.

(7)Major industrial country The term “major industrial country” means any such country as defined in section 2136 of this title and any instrumentality of such a country.

(Pub. L. 96–39, title III, § 308, July 26, 1979, 93 Stat. 241; Pub. L. 99–47, § 7, June 11, 1985, 99 Stat. 84; Pub. L. 100–449, title III, § 306, Sept. 28, 1988, 102 Stat. 1876; Pub. L. 103–182, title III, § 381(c), Dec. 8, 1993, 107 Stat. 2129; Pub. L. 103–465, title III, § 342(f), Dec. 8, 1994, 108 Stat. 4953; Pub. L. 104–295, § 20(c)(12), Oct. 11, 1996, 110 Stat. 3528; Pub. L. 108–286, title IV, § 401, Aug. 3, 2004, 118 Stat. 950; Pub. L. 109–53, title IV, § 401, Aug. 2, 2005, 119 Stat. 495;

Pub. L. 109–169, title IV, § 401, Jan. 11, 2006, 119 Stat. 3599; Pub. L. 109–283, title IV, § 401, Sept. 26, 2006, 120 Stat. 1209; Pub. L. 110–138, title IV, § 401, Dec. 14, 2007, 121 Stat. 1486; Pub. L. 112–41, title IV, § 401, Oct. 21, 2011, 125 Stat. 459; Pub. L. 112–42, title IV, § 401, Oct. 21, 2011, 125 Stat. 494; Pub. L. 112–43, title IV, § 401, Oct. 21, 2011, 125 Stat. 529; Pub. L. 116–113, title V, § 505(b), Jan. 29, 2020, 134 Stat. 77.)

Amendment of Section

For termination of amendment by section 107(c) of Pub. L. 112–43, see Effective and Termination Dates of 2011 Amendment note below.

For termination of amendment by section 107(c) of Pub. L. 112–42, see Effective and Termination Dates of 2011 Amendment note below.

For termination of amendment by section 107(c) of Pub. L. 112–41, see Effective and Termination Dates of 2011 Amendment note below.

For termination of amendment by section 107(c) of Pub. L. 110–138, see Effective and Termination Dates of 2007 Amendment note below.

For termination of amendment by section 107(c) of Pub. L. 109–283, see Effective and Termination Dates of 2006 Amendment note below.

For termination of amendment by section 106(c) of Pub. L. 109–169, see Effective and Termination Dates of 2006 Amendment note below.

For termination of amendment by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates of 2005 Amendment note below.

For termination of amendment by section 106(c) of Pub. L. 108–286, see Effective and Termination Dates of 2004 Amendment note below.

For termination of amendment by section 501(c) of Pub. L. 100–449, see Effective and Termination Dates of 1988 Amendment note below.

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United States-Mexico-Canada Agreement Implementation Act
Public Law 116-113

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Pub. L. 96–39, title III, § 308
93 Stat. 241
Pub. L. 99–47, § 7
99 Stat. 84
Pub. L. 100–449, title III, § 306
102 Stat. 1876
Pub. L. 103–182, title III, § 381(c)
107 Stat. 2129
Pub. L. 103–465, title III, § 342(f)
108 Stat. 4953
Pub. L. 104–295, § 20(c)(12)
110 Stat. 3528
Pub. L. 108–286, title IV, § 401
118 Stat. 950
Pub. L. 109–53, title IV, § 401
119 Stat. 495
Pub. L. 109–169, title IV, § 401
119 Stat. 3599
Pub. L. 109–283, title IV, § 401
120 Stat. 1209
Pub. L. 110–138, title IV, § 401
121 Stat. 1486
Pub. L. 112–41, title IV, § 401
125 Stat. 459
Pub. L. 112–42, title IV, § 401
125 Stat. 494
Pub. L. 112–43, title IV, § 401
125 Stat. 529
134 Stat. 77
section 107(c) of Pub. L. 112–43
section 107(c) of Pub. L. 112–42
section 107(c) of Pub. L. 112–41
section 107(c) of Pub. L. 110–138
section 107(c) of Pub. L. 109–283
section 106(c) of Pub. L. 109–169
section 107(d) of Pub. L. 109–53
section 106(c) of Pub. L. 108–286
section 501(c) of Pub. L. 100–449
section 601(a)(2) of Pub. L. 96–39
93 Stat. 267

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§ 2518

Definitions

Fed. Reg.×173

Bills×41

Stat.×15

U.S.C.×13

Stat. Comp.×11

Pub. L.×2

U.S.C.§ 3511

U.S.C.§ 4502

U.S.C.§ 2136

Pub. L.Public Law 116-113

Pub. L.Pub. L. 96–39, title III, § 308

Stat.93 Stat. 241

Pub. L.Pub. L. 99–47, § 7

Cites 70 · showing 12Cited by 255 across 6 sources