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U.S. Code as of:
01/19/04
Section 2905. Accession of state trading regimes to General Agreement on Tariffs and Trade or WTO
(a) In general
Before any major foreign country accedes, after August 23, 1988,
to the GATT 1947, or to the WTO Agreement, the President shall
determine -
(1) whether state trading enterprises account for a significant
share of -
(A) the exports of such major foreign country, or
(B) the goods of such major foreign country that are subject
to competition from goods imported into such foreign country;
and
(2) whether such state trading enterprises -
(A) unduly burden and restrict, or adversely affect, the
foreign trade of the United States or the United States
economy, or
(B) are likely to result in such a burden, restriction, or
effect.
(b) Effects of affirmative determination
If both of the determinations made under paragraphs (1) and (2)
of subsection (a) of this section with respect to a major foreign
country are affirmative -
(1) the President shall reserve the right of the United States
to withhold extension of the application of the GATT 1947 or the
WTO Agreement, between the United States and such major foreign
country, and
(2) the GATT 1947 or the WTO Agreement shall not apply between
the United States and such major foreign country until -
(A) such foreign country enters into an agreement with the
United States providing that the state trading enterprises of
such foreign country -
(i) will -
(I) make purchases which are not for the use of such
foreign country, and
(II) make sales in international trade,
in accordance with commercial considerations (including
price, quality, availability, marketability, and
transportation), and
(ii) will afford United States business firms adequate
opportunity, in accordance with customary practice, to
compete for participation in such purchases or sales; or
(B) a bill submitted under subsection (c) of this section
which approves of the extension of the application of the GATT
1947 or the WTO Agreement between the United States and such
major foreign country is enacted into law.
(c) Expedited consideration of bill to approve extension
(1) The President may submit to the Congress any draft of a bill
which approves of the extension of the application of the GATT 1947
or the WTO Agreement between the United States and a major foreign
country.
(2) Any draft of a bill described in paragraph (1) that is
submitted by the President to the Congress shall -
(A) be introduced by the majority leader of each House of the
Congress (by request) on the first day on which such House is in
session after the date such draft is submitted to the Congress;
and
(B) shall be treated as an implementing bill for purposes of
subsections (d), (e), (f), and (g) of section 2191 of this title.
(d) Publication
The President shall publish in the Federal Register each
determination made under subsection (a) of this section.
(e) Definitions
For purposes of this section:
(1) The term "GATT 1947" has the meaning given that term in
section 3501(1)(A) of this title.
(2) The term "WTO Agreement" means the Agreement Establishing
the World Trade Organization entered into on April 15, 1994 and
the multilateral trade agreements (as such term is defined in
section 3501(4) of this title).
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