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U.S. Code as of:
01/19/04
Section 7671o. Transfers among Parties to Montreal Protocol
(a) In general
Consistent with the Montreal Protocol, the United States may
engage in transfers with other Parties to the Protocol under the
following conditions:
(1) The United States may transfer production allowances to
another Party if, at the time of such transfer, the Administrator
establishes revised production limits for the United States such
that the aggregate national United States production permitted
under the revised production limits equals the lesser of (A) the
maximum production level permitted for the substance or
substances concerned in the transfer year under the Protocol
minus the production allowances transferred, (B) the maximum
production level permitted for the substance or substances
concerned in the transfer year under applicable domestic law
minus the production allowances transferred, or (C) the average
of the actual national production level of the substance or
substances concerned for the 3 years prior to the transfer minus
the production allowances transferred.
(2) The United States may acquire production allowances from
another Party if, at the time of such transfer, the Administrator
finds that the other Party has revised its domestic production
limits in the same manner as provided with respect to transfers
by the United States in this subsection.
(b) Effect of transfers on production limits
The Administrator is authorized to reduce the production limits
established under this chapter as required as a prerequisite to
transfers under paragraph (1) of subsection (a) of this section or
to increase production limits established under this chapter to
reflect production allowances acquired under a transfer under
paragraph (2) of subsection (a) of this section.
(c) Regulations
The Administrator shall promulgate, within 2 years after November
15, 1990, regulations to implement this section.
(d) "Applicable domestic law" defined
In the case of the United States, the term "applicable domestic
law" means this chapter.
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