|
U.S. Code as of:
01/19/04
Section 3104. Negotiations in response to investigation
(a) In general
Upon -
(1) the date that is 30 days after the date on which any
foreign country is identified in the investigation conducted
under section 3103(a) of this title as a priority foreign
country, and
(2) the date on which any foreign country is identified under
section 3103(c)(1)(B) of this title as a priority foreign
country,
the President shall enter into negotiations with such priority
foreign country for the purpose of entering into a bilateral or
multilateral trade agreement under chapter 17 of this title which
meets the specific negotiating objectives established by the
President under subsection (b) of this section for such priority
foreign country.
(b) Establishment of specific negotiating objectives for each
foreign priority country
(1) The President shall establish such relevant specific
negotiating objectives on a country-by-country basis as are
necessary to meet the general negotiating objectives of the United
States under this section.
(2)(A) The President may refine or modify specific negotiating
objectives for particular negotiations in order to respond to
circumstances arising during the negotiating period, including -
(i) changed practices by the priority foreign country,
(ii) tangible substantive developments in multilateral
negotiations,
(iii) changes in competitive positions, technological
developments, or
(iv) other relevant factors.
(B) By no later than the date that is 30 days after the date on
which the President makes any modifications or refinements to
specific negotiating objectives under subparagraph (A), the
President shall submit to appropriate committees of the Congress a
statement describing such modifications or refinements and the
reasons for such modifications or refinements.
(c) General negotiating objectives
The general negotiating objectives of the United States under
this section are -
(1) to obtain multilateral or bilateral agreements (or the
modification of existing agreements) that provide mutually
advantageous market opportunities for trade in telecommunications
products and services between the United States and foreign
countries;
(2) to correct the imbalances in market opportunities accruing
from reductions in barriers to the access of telecommunications
products and services of foreign firms to the United States
market; and
(3) to facilitate the increase in United States exports of
telecommunications products and services to a level of exports
that reflects the competitiveness of the United States
telecommunications industry.
(d) Specific negotiating objectives
The specific negotiating objectives of the United States under
this section regarding telecommunications products and services are
to obtain -
(1) national treatment for telecommunications products and
services that are provided by United States firms;
(2) most-favored-nation treatment for such products and
services;
(3) nondiscriminatory procurement policies with respect to such
products and services and the inclusion under the Agreement on
Government Procurement of the procurement (by sale or lease by
government-owned or controlled entities) of all
telecommunications products and services;
(4) the reduction or elimination of customs duties on
telecommunications products;
(5) the elimination of subsidies, violations of intellectual
property rights, and other unfair trade practices that distort
international trade in telecommunications products and services;
(6) the elimination of investment barriers that restrict the
establishment of foreign-owned business entities which market
such products and services;
(7) assurances that any requirement for the registration of
telecommunications products, which are to be located on customer
premises, for the purposes of -
(A) attachment to a telecommunications network in a foreign
country, and
(B) the marketing of the products in a foreign country,
be limited to the certification by the manufacturer that the
products meet the standards established by the foreign country
for preventing harm to the network or network personnel;
(8) transparency of, and open participation in, the
standards-setting processes used in foreign countries with
respect to telecommunications products;
(9) the ability to have telecommunications products, which are
to be located on customer premises, approved and registered by
type, and, if appropriate, the establishment of procedures
between the United States and foreign countries for the mutual
recognition of type approvals;
(10) access to the basic telecommunications network in foreign
countries on reasonable and nondiscriminatory terms and
conditions (including nondiscriminatory prices) for the provision
of value-added services by United States suppliers;
(11) the nondiscriminatory procurement of telecommunications
products and services by foreign entities that provide local
exchange telecommunications services which are owned, controlled,
or, if appropriate, regulated by foreign governments; and
(12) monitoring and effective dispute settlement mechanisms to
facilitate compliance with matters referred to in the preceding
paragraphs of this subsection.
|
|