§ 891e. — Restriction with respect to certain shipyard subsidies.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC891e]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 17--NATIONAL OCEAN SURVEY
SUBCHAPTER III--NOAA FLEET MODERNIZATION
Sec. 891e. Restriction with respect to certain shipyard
subsidies
(a) In general
The Secretary of Commerce may not award a contract for the
construction, repair (except emergency repairs), or alteration of any
vessel of the National Oceanic and Atmospheric Administration in a
shipyard, if that vessel benefits or would benefit from significant
subsidies for the construction, repair, or alteration of vessels in that
shipyard.
(b) ``Significant subsidy'' defined
In this section, the term ``significant subsidy'' includes, but is
not limited to, any of the following:
(1) Officially supported export credits.
(2) Direct official operating support to the commercial
shipbuilding and repair industry, or to a related entity that favors
the operation of shipbuilding and repair, including but not limited
to--
(A) grants;
(B) loans and loan guarantees other than those available on
the commercial market;
(C) forgiveness of debt;
(D) equity infusions on terms inconsistent with commercially
reasonable investment practices; and
(E) preferential provision of goods and services.
(3) Direct official support for investment in the commercial
shipbuilding and repair industry, or to a related entity that favors
the operation of shipbuilding and repair, including but not limited
to the kinds of support listed in paragraph (2)(A) through (E), and
any restructuring support, except public support for social purposes
directly and effectively linked to shipyard closures.
(4) Assistance in the form of grants, preferential loans,
preferential tax treatment, or otherwise, that benefits or is
directly related to shipbuilding and repair for purposes of research
and development that is not equally open to domestic and foreign
enterprises.
(5) Tax policies and practices that favor the shipbuilding and
repair industry, directly or indirectly, such as tax credits,
deductions, exemptions, and preferences, including accelerated
depreciation, if such benefits are not generally available to
persons or firms not engaged in shipbuilding or repair.
(6) Any official regulation or practice that authorizes or
encourages persons or firms engaged in shipbuilding or repair to
enter into anticompetitive arrangements.
(7) Any indirect support directly related, in law or in fact, to
shipbuilding and repair at national yards, including any public
assistance favoring shipowners with an indirect effect on
shipbuilding or repair activities, and any assistance provided to
suppliers of significant inputs to shipbuilding, which results in
benefits to domestic shipbuilders.
(8) Any export subsidy identified in the Illustrative List of
Export Subsidies in the Annex to the Agreement on Subsidies and
Countervailing Measures referred to in section 3511(d)(12) of title
19, or any other export subsidy prohibited by that agreement.
(Pub. L. 102-567, title VI, Sec. 607, Oct. 29, 1992, 106 Stat. 4302;
Pub. L. 106-36, title I, Sec. 1002(f), June 25, 1999, 113 Stat. 133.)
Amendments
1999--Subsec. (b)(8). Pub. L. 106-36 substituted ``Agreement on
Subsidies and Countervailing Measures referred to in section 3511(d)(12)
of title 19, or any other export subsidy prohibited by that agreement''
for ``Agreement on Interpretation and Application of Articles VI, XVI,
and XXIII of the General Agreement on Tariffs and Trade or any other
export subsidy that may be prohibited as a result of the Uruguay Round
of trade negotiations.''
Fisheries Research Vessel Procurement
Pub. L. 106-450, title IV, Sec. 401, Nov. 7, 2000, 114 Stat. 1945,
provided that: ``Notwithstanding section 644 of title 15, United States
Code, and section 19.502-2 of title 48, Code of Federal Regulations, the
Secretary of Commerce shall seek to procure Fisheries Research Vessels
through full and open competition from responsible United States
shipbuilding companies irrespective of size.''
