19 U.S.C. § 2702 Beneficiary Country

• Library: United States Statutes
• Edition: 2023
• Currency: Current through P.L. 118-34 (published on www.congress.gov on 12/26/2023), except for [P. L. 118-31]
• Year: 2023
• Citation: 19 U.S.C. § 2702

(a) Definitions; termination of designation

(1) For purposes of this chapter-

(A) The term "beneficiary country" means any country listed in subsection (b) with respect to which there is in effect a proclamation by the President designating such country as a beneficiary country for purposes of this chapter. Before the President designates any country as a beneficiary country for purposes of this chapter, he shall notify the House of Representatives and the Senate of his intention to make such designation, together with the considerations entering into such decision.

(B) The term "entered" means entered, or withdrawn from warehouse for consumption, in the customs territory of the United States.

(C) The term "HTS" means Harmonized Tariff Schedule of the United States.

(D) The term "USMCA" has the meaning given that term in section 4502 of this title.

(E) The terms "WTO" and "WTO member" have the meanings given those terms in section 3501 of this title.

(F) The term "former beneficiary country" means a country that ceases to be designated as a beneficiary country under this chapter because the country has become a party to a free trade agreement with the United States.

(2) If the President has designated any country as a beneficiary country for purposes of this chapter, he shall not terminate such designation (either by issuing a proclamation for that purpose or by issuing a proclamation which has the effect of terminating such designation) unless, at least sixty days before such termination, he has notified the House of Representatives and the Senate and has notified such country of his intention to terminate such designation, together with the considerations entering into such decision.

(b) Countries eligible for designation as beneficiary countries; conditions

In designating countries as "beneficiary countries" under this chapter the President shall consider only the following countries and territories or successor political entities:

<TABLE> <TR> <TD>Anguilla</TD> <TD>Saint Lucia</TD> </TR> <TR> <TD>Antigua and Barbuda</TD> <TD>Saint Vincent and the Grenadines</TD> </TR> <TR> <TD>Bahamas, The</TD> <TD>Suriname</TD> </TR> <TR> <TD>Barbados</TD> <TD>Trinidad and Tobago</TD> </TR> <TR> <TD>Belize</TD> <TD>Cayman Islands</TD> </TR> <TR> <TD>Dominica</TD> <TD>Montserrat</TD> </TR> <TR> <TD>Grenada</TD> <TD>Netherlands Antilles</TD> </TR> <TR> <TD>Guyana</TD> <TD>Saint Christopher-Nevis</TD> </TR> <TR> <TD>Haiti</TD> <TD>Turks and Caicos Islands</TD> </TR> <TR> <TD>Jamaica</TD> <TD>Virgin Islands, British</TD> </TR> </TABLE>

In addition, the President shall not designate any country a beneficiary country under this chapter-

(1) if such country is a Communist country;

(2) if such country-

(A) has nationalized, expropriated or otherwise seized ownership or control of property owned by a United States citizen or by a corporation, partnership, or association which is 50 per centum or more beneficially owned by United States citizens,

(B) has taken steps to repudiate or nullify-

(i) any existing contract or agreement with, or

(ii) any patent, trademark, or other intellectual property of,

a United States citizen or a corporation, partnership, or association which is 50 per centum or more beneficially owned by United States citizens, the effect of which is to nationalize, expropriate, or otherwise seize ownership or control of property so owned, or

(C) has imposed or enforced taxes or other exactions, restrictive maintenance or operational conditions, or other measures with respect to property so owned, the effect of which is to nationalize, expropriate, or otherwise seize ownership or control of such property, unless the President determines that-

(i) prompt, adequate, and effective compensation has been or is being made to such citizen, corporation, partnership, or association,

(ii) good-faith negotiations to provide prompt, adequate, and effective compensation under the applicable provisions of international law are in progress, or such country is otherwise taking steps to discharge its obligations under international law with respect to such citizen, corporation, partnership, or association, or

(iii) a dispute involving such citizen, corporation, partnership, or association, over compensation for such a seizure has been submitted to arbitration under the provisions of the Convention for the Settlement of Investment Disputes, or in another mutually agreed upon forum, and

promptly furnishes a copy of such determination to the Senate and House of Representatives;

(3) if such country fails to act in good faith in recognizing as binding or in enforcing arbitral awards in favor of United States citizens or a corporation, partnership or association which is 50 per centum or more beneficially owned by United States citizens, which have been made by arbitrators appointed for each case or by permanent arbitral bodies to which the parties involved have submitted their dispute;