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Appendix II Endnotes
1 Part II of the Appendix consists of provisions of the Berne
Convention Implementation Act of 1988, Pub. L. No. 100-568, 102 Stat.
2853, that do not amend title 17 of the United States Code.
2 The Berne Convention entered into force in the United States on March
1, 1989.
Appendix III. Uruguay Round Agreements Act [1]
Sec. 2. Definitions.
For purposes of this Act:
(1) GATT 1947; GATT 1994.
(A) GATT 1947. The term "GATT 1947" means the General Agreement on
Tariffs and Trade, dated October 30, 1947, annexed to the Final Act
Adopted at the Conclusion of the Second Session of the Preparatory
Committee of the United Nations Conference on Trade and Employment, as
subsequently rectified, amended, or modified by the terms of legal
instruments which have entered into force before the date of entry into
force of the WTO Agreement.
(B) GATT 1994. The term "GATT 1994" means the General Agreement on
Tariffs and Trade annexed to the WTO Agreement.
(2) HTS. The term "HTS" means the Harmonized Tariff Schedule of the
United States.
(3)International trade commission. The term "International Trade
Commission" means the United States International Trade Commission.
(4) Multilateral trade agreement. The term "multilateral trade
agreement" means an agreement described in section 101(d) of this Act
(other than an agreement described in paragraph (17) or (18) of such
section).
(5) Schedule XX. The term "Schedule XX" means Schedule XX - United States
of America annexed to the Marrakesh Protocol to the GATT 1994.
(6) Trade representative. The term "Trade Representative" means the
United States Trade Representative.
(7) Uruguay round agreements. The term "Uruguay Round Agreements" means
the agreements approved by the Congress under section 101(a)(1).
(8) World trade organization and WTO. The terms "World Trade
Organization" and "WTO" mean the organization established pursuant to
the WTO Agreement.
(9) WTO agreement. The term "WTO Agreement" means the Agreement
Establishing the World Trade Organization entered into on April 15,
1994.
(10) WTO member and WTO member country. The terms "WTO member" and "WTO
member country" mean a state, or separate customs territory (within the
meaning of Article XII of the WTO Agreement), with respect to which the
United States applies the WTO Agreement.
Sec. 101. Approval and entry into force of the Uruguay Round Agreements.
(a) Approval of Agreements and Statement of Administrative Action.
Pursuant to section 1103 of the Omnibus Trade and Competitiveness Act of
1988 (19 U.S.C. 2903) and section 151 of the Trade Act of 1974 (19
U.S.C. 2191), the Congress approves-
(1) the trade agreements described in subsection (d) resulting from the
Uruguay Round of multilateral trade negotiations under the auspices of
the General Agreement on Tariffs and Trade, entered into on April 15,
1994, and submitted to the Congress on September 27, 1994; and
(2) the statement of administrative action proposed to implement the
agreements that was submitted to the Congress on September 27, 1994.
(b) Entry Into Force. At such time as the President determines that a
sufficient number of foreign countries are accepting the obligations of
the Uruguay Round Agreements, in accordance with article XIV of the WTO
Agreement, to ensure the effective operation of, and adequate benefits
for the United States under, those Agreements, the President may accept
the Uruguay Round Agreements and implement article VIII of the WTO
Agreement.
(c) Authorization of Appropriations. There are authorized to be
appropriated annually such sums as may be necessary for the payment by
the United States of its share of the expenses of the WTO.
(d) Trade Agreements to Which This Act Applies. Subsection (a) applies
to the WTO Agreement and to the following agreements annexed to that
Agreement:
(1) The General Agreement on Tariffs and Trade 1994.
(2) The Agreement on Agriculture.
(3) The Agreement on the Application of Sanitary and Phytosanitary
Measures.
(4) The Agreement on Textiles and Clothing.
(5) The Agreement on Technical Barriers to Trade.
(6) The Agreement on Trade-Related Investment Measures.
(7) The Agreement on Implementation of Article VI of the General
Agreement on Tariffs and Trade 1994.
(8) The Agreement on Implementation of Article VII of the General
Agreement on Tariffs and Trade 1994.
(9) The Agreement on Preshipment Inspection.
(10) The Agreement on Rules of Origin.
(11) The Agreement on Import Licensing Procedures.
(12) The Agreement on Subsidies and Countervailing Measures.
(13) The Agreement on Safeguards.
(14) The General Agreement on Trade in Services.
(15) The Agreement on Trade-Related Aspects of Intellectual Property
Rights.
(16) The Understanding on Rules and Procedures Governing the Settlement
of Disputes.
(17) The Agreement on Government Procurement.
(18) The International Bovine Meat Agreement.
Sec. 102. Relationship of the agreements to United States law and
state law.
(a) Relationship of Agreements to United States Law.
(1) United states law to prevail in conflict. No provision of any of the
Uruguay Round Agreements, nor the application of any such provision to
any person or circumstance, that is inconsistent with any law of the
United States shall have effect.
(2) Construction. Nothing in this Act shall be construed
(A) to amend or modify any law of the United States, including any law
relating to-
(i) the protection of human, animal, or plant life or health,
(ii) the protection of the environment, or
(iii) worker safety, or
(B) to limit any authority conferred under any law of the United States,
including section 301 of the Trade Act of 1974,
unless specifically provided for in this Act.
(b) Relationship of Agreements to State Law.-
(1) Federal-State Consultation.
(A) In General. Upon the enactment of this Act, the President shall,
through the intergovernmental policy advisory committees on trade
established under section 306(c)(2)(A) of the Trade and Tariff Act of
1984 (19 U.S.C. 2114c(2)(A)), consult with the States for the purpose of
achieving conformity of State laws and practices with the Uruguay Round
Agreements.
(B) Federal-State Consultation Process. The Trade Representative shall
establish within the Office of the United States Trade Representative a
Federal-State consultation process for addressing issues relating to the
Uruguay Round Agreements that directly relate to, or will potentially
have a direct effect on, the States. The Federal-State consultation
process shall include procedures under which-
(i) the States will be informed on a continuing basis of matters under
the Uruguay Round Agreements that directly relate to, or will
potentially have a direct impact on, the States;
(ii) the States will be provided an opportunity to submit, on a
continuing basis, to the Trade Representative information and advice
with respect to matters referred to in clause (i); and
(iii) the Trade Representative will take into account the information
and advice received from the States under clause (ii) when formulating
United States positions regarding matters referred to in clause (i).
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to
the Federal-State consultation process established by this paragraph.
(C) Federal-State Cooperation in WTO Dispute Settlement.
(i) When a WTO member requests consultations with the United States
under Article 4 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes referred to in section 101(d)(16) (hereafter
in this subsection referred to as the "Dispute Settlement
Understanding") concerning whether the law of a State is inconsistent
with the obligations undertaken by the United States in any of the
Uruguay Round Agreements, the Trade Representative shall notify the
Governor of the State or the Governor's designee, and the chief legal
officer of the jurisdiction whose law is the subject of the
consultations, as soon as possible after the request is received, but in
no event later than 7 days thereafter.
(ii) Not later than 30 days after receiving such a request for
consultations, the Trade Representative shall consult with
representatives of the State concerned regarding the matter. If the
consultations involve the laws of a large number of States, the Trade
Representative may consult with an appropriate group of representatives
of the States concerned, as determined by those States.
(iii) The Trade Representative shall make every effort to ensure that
the State concerned is involved in the development of the position of
the United States at each stage of the consultations and each subsequent
stage of dispute settlement proceedings regarding the matter. In
particular, the Trade Representative shall-
(I) notify the State concerned not later than 7 days after a WTO member
requests the establishment of a dispute settlement panel or gives notice
of the WTO member's decision to appeal a report by a dispute settlement
panel regarding the matter; and
(II) provide the State concerned with the opportunity to advise and
assist the Trade Representative in the preparation of factual
information and argumentation for any written or oral presentations by
the United States in consultations or in proceedings of a panel or the
Appellate Body regarding the matter.
(iv) If a dispute settlement panel or the Appellate Body finds that the
law of a State is inconsistent with any of the Uruguay Round Agreements,
the Trade Representative shall consult with the State concerned in an
effort to develop a mutually agreeable response to the report of the
panel or the Appellate Body and shall make every effort to ensure that
the State concerned is involved in the development of the United States
position regarding the response.
(D) Notice to States Regarding Consultations on Foreign Subcentral
Government Laws.
(i) Subject to clause (ii), the Trade Representative shall, at least 30
days before making a request for consultations under Article 4 of the
Dispute Settlement Understanding regarding a subcentral government
measure of another WTO member, notify, and solicit the views of,
appropriate representatives of each State regarding the matter.
(ii) In exigent circumstances clause (i) shall not apply, in which case
the Trade Representative shall notify the appropriate representatives of
each State not later than 3 days after making the request for
consultations referred to in clause (i).
(2) Legal Challenge.
(A) In General. No State law, or the application of such a State law,
may be declared invalid as to any person or circumstance on the ground
that the provision or application is inconsistent with any of the
Uruguay Round Agreements, except in an action brought by the United
States for the purpose of declaring such law or application invalid.
(B) Procedures Governing Action. In any action described in subparagraph
(A) that is brought by the United States against a State or any
subdivision thereof
(i) a report of a dispute settlement panel or the Appellate Body
convened under the Dispute Settlement Understanding regarding the State
law, or the law of any political subdivision thereof, shall not be
considered as binding or otherwise accorded deference;
(ii) the United States shall have the burden of proving that the law
that is the subject of the action, or the application of that law, is
inconsistent with the agreement in question;
(iii) any State whose interests may be impaired or impeded in the action
shall have the unconditional right to intervene in the action as a
party, and the United States shall be entitled to amend its complaint to
include a claim or cross-claim concerning the law of a State that so
intervenes; and
(iv) any State law that is declared invalid shall not be deemed to have
been invalid in its application during any period before the court's
judgment becomes final and all timely appeals, including discretionary
review, of such judgment are exhausted.
(C) Reports to Congressional Committees. At least 30 days before the
United States brings an action described in subparagraph (A), the Trade
Representative shall provide a report to the Committee on Ways and Means
of the House of Representatives and the Committee on Finance of the
Senate-
(i) describing the proposed action;
(ii) describing efforts by the Trade Representative to resolve the
matter with the State concerned by other means; and
(iii)
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