§ 2901. — Overall and principal trade negotiating objectives of the United States.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC2901]
TITLE 19--CUSTOMS DUTIES
CHAPTER 17--NEGOTIATION AND IMPLEMENTATION OF TRADE AGREEMENTS
Sec. 2901. Overall and principal trade negotiating objectives of
the United States
(a) Overall trade negotiating objectives
The overall trade negotiating objectives of the United States are to
obtain--
(1) more open, equitable, and reciprocal market access;
(2) the reduction or elimination of barriers and other trade-
distorting policies and practices; and
(3) a more effective system of international trading disciplines
and procedures.
(b) Principal trade negotiating objectives
(1) Dispute settlement
The principal negotiating objectives of the United States with
respect to dispute settlement are--
(A) to provide for more effective and expeditious dispute
settlement mechanisms and procedures; and
(B) to ensure that such mechanisms within the GATT and GATT
agreements provide for more effective and expeditious resolution
of disputes and enable better enforcement of United States
rights.
(2) Improvement of the GATT and multilateral trade
negotiation agreements
The principal negotiating objectives of the United States
regarding the improvement of GATT and multilateral trade negotiation
agreements are--
(A) to enhance the status of the GATT;
(B) to improve the operation and extend the coverage of the
GATT and such agreements and arrangements to products, sectors,
and conditions of trade not adequately covered; and
(C) to expand country participation in particular agreements
or arrangements, where appropriate.
(3) Transparency
The principal negotiating objective of the United States
regarding transparency is to obtain broader application of the
principle of transparency and clarification of the costs and
benefits of trade policy actions through the observance of open and
equitable procedures in trade matters by Contracting Parties to the
GATT.
(4) Developing countries
The principal negotiating objectives of the United States
regarding developing countries are--
(A) to ensure that developing countries promote economic
development by assuming the fullest possible measure of
responsibility for achieving and maintaining an open
international trading system by providing reciprocal benefits
and assuming equivalent obligations with respect to their import
and export practices; and
(B) to establish procedures for reducing nonreciprocal trade
benefits for the more advanced developing countries.
(5) Current account surpluses
The principal negotiating objective of the United States
regarding current account surpluses is to develop rules to address
large and persistent global current account imbalances of countries,
including imbalances which threaten the stability of the
international trading system, by imposing greater responsibility on
such countries to undertake policy changes aimed at restoring
current account equilibrium, including expedited implementation of
trade agreements where feasible and appropriate.
(6) Trade and monetary coordination
The principal negotiating objective of the United States
regarding trade and monetary coordination is to develop mechanisms
to assure greater coordination, consistency, and cooperation between
international trade and monetary systems and institutions.
(7) Agriculture
The principal negotiating objectives of the United States with
respect to agriculture are to achieve, on an expedited basis to the
maximum extent feasible, more open and fair conditions of trade in
agricultural commodities by--
(A) developing, strengthening, and clarifying rules for
agricultural trade, including disciplines on restrictive or
trade-distorting import and export practices;
(B) increasing United States agricultural exports by
eliminating barriers to trade (including transparent and
nontransparent barriers) and reducing or eliminating the
subsidization of agricultural production consistent with the
United States policy of agricultural stabilization in cyclical
and unpredictable markets;
(C) creating a free and more open world agricultural trading
system by resolving questions pertaining to export and other
trade-distorting subsidies, market pricing and market access and
eliminating and reducing substantially other specific
constraints to fair trade and more open market access, such as
tariffs, quotas, and other nontariff practices, including
unjustified phytosanitary and sanitary restrictions; and
(D) seeking agreements by which the major agricultural
exporting nations agree to pursue policies to reduce excessive
production of agricultural commodities during periods of
oversupply, with due regard for the fact that the United States
already undertakes such policies, and without recourse to
arbitrary schemes to divide market shares among major exporting
countries.
(8) Unfair trade practices
The principal negotiating objectives of the United States with
respect to unfair trade practices are--
(A) to improve the provisions of the GATT and nontariff
measure agreements in order to define, deter, discourage the
persistent use of, and otherwise discipline unfair trade
practices having adverse trade effects, including forms of
subsidy and dumping and other practices not adequately covered
such as resource input subsidies, diversionary dumping, dumped
or subsidized inputs, and export targeting practices;
(B) to obtain the application of similar rules to the
treatment of primary and nonprimary products in the Agreement on
Interpretation and Application of Articles VI, XVI, and XXIII of
the GATT (relating to subsidies and countervailing measures);
and
(C) to obtain the enforcement of GATT rules against--
(i) state trading enterprises, and
(ii) the acts, practices, or policies of any foreign
government which, as a practical matter, unreasonably
require that--
(I) substantial direct investment in the foreign
country be made,
(II) intellectual property be licensed to the
foreign country or to any firm of the foreign country,
or
(III) other collateral concessions be made,
as a condition for the importation of any product or service
of the United States into the foreign country or as a
condition for carrying on business in the foreign country.
(9) Trade in services
(A) The principal negotiating objectives of the United States
regarding trade in services are--
(i) to reduce or to eliminate barriers to, or other
distortions of, international trade in services, including
barriers that deny national treatment and restrictions on
establishment and operation in such markets; and
(ii) to develop internationally agreed rules, including
dispute settlement procedures, which--
(I) are consistent with the commercial policies of the
United States, and
(II) will reduce or eliminate such barriers or
distortions, and help ensure fair, equitable opportunities
for foreign markets.
(B) In pursuing the negotiating objectives described in
subparagraph (A), United States negotiators shall take into account
legitimate United States domestic objectives including, but not
limited to, the protection of legitimate health or safety, essential
security, environmental, consumer or employment opportunity
interests and the law and regulations related thereto.
(10) Intellectual property
The principal negotiating objectives of the United States
regarding intellectual property are--
(A) to seek the enactment and effective enforcement by
foreign countries of laws which--
(i) recognize and adequately protect intellectual
property, including copyrights, patents, trademarks,
semiconductor chip layout designs, and trade secrets, and
(ii) provide protection against unfair competition,
(B) to establish in the GATT obligations--
(i) to implement adequate substantive standards based
on--
(I) the standards in existing international
agreements that provide adequate protection, and
(II) the standards in national laws if international
agreement standards are inadequate or do not exist,
(ii) to establish effective procedures to enforce, both
internally and at the border, the standards implemented
under clause (i), and
(iii) to implement effective dispute settlement
procedures that improve on existing GATT procedures;
(C) to recognize that the inclusion in the GATT of--
(i) adequate and effective substantive norms and
standards for the protection and enforcement of intellectual
property rights, and
(ii) dispute settlement provisions and enforcement
procedures,
is without prejudice to other complementary initiatives
undertaken in other international organizations; and
(D) to supplement and strengthen standards for protection
and enforcement in existing international intellectual property
conventions administered by other international organizations,
including their expansion to cover new and emerging technologies
and elimination of discrimination or unreasonable exceptions or
preconditions to protection.
(11) Foreign direct investment
(A) The principal negotiating objectives of the United States
regarding foreign direct investment are--
(i) to reduce or to eliminate artificial or trade-distorting
barriers to foreign direct investment, to expand the principle
of national treatment, and to reduce unreasonable barriers to
establishment; and
(ii) to develop internationally agreed rules, including
dispute settlement procedures, which--
(I) will help ensure a free flow of foreign direct
investment, and
(II) will reduce or eliminate the trade distortive
effects of certain trade-related investment measures.
(B) In pursuing the negotiating objectives described in
subparagraph (A), United States negotiators shall take into account
legitimate United States domestic objectives including, but not
limited to, the protection of legitimate health or safety, essential
security, environmental, consumer or employment opportunity
interests and the law and regulations related thereto.
(12) Safeguards
The principal negotiating objectives of the United States
regarding safeguards are--
(A) to improve and expand rules and procedures covering
safeguard measures;
(B) to ensure that safeguard measures are--
(i) transparent,
(ii) temporary,
(iii) degressive, and
(iv) subject to review and termination when no longer
necessary to remedy injury and to facilitate adjustment; and
(C) to require notification of, and to monitor the use by,
GATT Contracting Parties of import relief actions for their
domestic industries.
(13) Specific barriers
The principal negotiating objective of the United States
regarding specific barriers is to obtain competitive opportunities
for United States exports in foreign markets substantially
equivalent to the competitive opportunities afforded foreign exports
to United States markets, including the reduction or elimination of
specific tariff and nontariff trade barriers, particularly--
(A) measures identified in the annual report prepared under
section 2241 of this title; and
(B) foreign tariffs and nontariff barriers on competitive
United States exports when like or similar products enter the
United States at low rates of duty or are duty-free, and other
tariff disparities that impede access to particular export
markets.
(14) Worker rights
The principal negotiating objectives of the United States
regarding worker rights are--
(A) to promote respect for worker rights;
(B) to secure a review of the relationship of worker rights
to GATT articles, objectives, and related instruments with a
view to ensuring that the benefits of the trading system are
available to all workers; and
(C) to adopt, as a principle of the GATT, that the denial of
worker rights should not be a means for a country or its
industries to gain competitive advantage in international trade.
(15) Access to high technology
(A) The principal negotiating objective of the United States
regarding access to high technology is to obtain the elimination or
reduction of foreign barriers to, and acts, policies, or practices
by foreign governments which limit, equitable access by United
States persons to foreign-developed technology, including barriers,
acts, policies, or practices which have the effect of--
(i) restricting the participation of United States persons
in government-supported research and development projects;
(ii) denying equitable access by United States persons to
government-held patents;
(iii) requiring the approval or agreement of government
entities, or imposing other forms of government interventions,
as a condition for the granting of licenses to United States
persons by foreign persons (except for approval or agreement
which may be necessary for national security purposes to control
the export of critical military technology); and
(iv) otherwise denying equitable access by United States
persons to foreign-developed technology or contributing to the
inequitable flow of technology between the United States and its
trading partners.
(B) In pursuing the negotiating objective described in
subparagraph (A), the United States negotiators shall take into
account United States Government policies in licensing or otherwise
making available to foreign persons technology and other information
developed by United States laboratories.
(16) Border taxes
The principal negotiating objective of the United States
regarding border taxes is to obtain a revision of the GATT with
respect to the treatment of border adjustments for internal taxes to
redress the disadvantage to countries relying primarily for revenue
on direct taxes rather than indirect taxes.
(Pub. L. 100-418, title I, Sec. 1101, Aug. 23, 1988, 102 Stat. 1121.)
Short Title
Section 1(a) of Pub. L. 100-418 provided that: ``This Act [see
Tables for classification] may be cited as the `Omnibus Trade and
Competitiveness Act of 1988'.''
Findings and Purposes of Trade, Customs, and Tariff Laws
Section 1001 of title I of Pub. L. 100-418 provided that:
``(a) Findings.--The Congress finds that--
``(1) in the last 10 years there has arisen a new global economy
in which trade, technological development, investment, and services
form an integrated system; and in this system these activities
affect each other and the health of the United States economy;
``(2) the United States is confronted with a fundamental
disequilibrium in its trade and current account balances and a rapid
increase in its net external debt;
``(3) such disequilibrium and increase are a result of numerous
factors, including--
``(A) disparities between the macroeconomic policies of the
major trading nations,
``(B) the large United States budget deficit,
``(C) instabilities and structural defects in the world
monetary system,
``(D) the growth of debt throughout the developing world,
``(E) structural defects in the world trading system and
inadequate enforcement of trade agreement obligations,
``(F) governmental distortions and barriers,
``(G) serious shortcomings in United States trade policy,
and
``(H) inadequate growth in the productivity and
competitiveness of United States firms and industries relative
to their overseas competition;
``(4) it is essential, and should be the highest priority of the
United States Government, to pursue a broad array of domestic and
international policies--
``(A) to prevent future declines in the United States
economy and standards of living,
``(B) to ensure future stability in external trade of the
United States, and
``(C) to guarantee the continued vitality of the
technological, industrial, and agricultural base of the United
States;
``(5) the President should be authorized and encouraged to
negotiate trade agreements and related investment, financial,
intellectual property, and services agreements that meet the
standards set forth in this title [see Tables for classification];
and
``(6) while the United States is not in a position to dictate
economic policy to the rest of the world, the United States is in a
position to lead the world and it is in the national interest for
the United States to do so.
``(b) Purposes.--The purposes of this title [see Tables for
classification] are to--
``(1) authorize the negotiation of reciprocal trade agreements;
``(2) strengthen United States trade laws;
``(3) improve the development and management of United States
trade strategy; and
``(4) through these actions, improve standards of living in the
world.''
Ex. Ord. No. 12661. Implementing Omnibus Trade and Competitiveness Act
of 1988 and Related International Trade Matters
Ex. Ord. No. 12661, Dec. 27, 1988, 54 F.R. 779, as amended by Ex.
Ord. No. 12697, Dec. 22, 1989, 54 F.R. 53037; Ex. Ord. No. 12716, May
24, 1990, 55 F.R. 21831; Ex. Ord. No. 12774, Sept. 27, 1991, 56 F.R.
49835, provided:
By virtue of the authority vested in me as President by the
Constitution and laws of the United States of America, including the
Omnibus Trade and Competitiveness Act of 1988 (P.L. 100-418, 102 Stat.
1107) (``Omnibus Trade Act'') [see Short Title note above], the Tariff
Act of 1930 (Chapter 497, 46 Stat. 590, June 17, 1930), as amended
(``Tariff Act'') [19 U.S.C. 1202 et seq.], the National Defense
Authorization Act, Fiscal Year 1989 (P.L. 100-456, 102 Stat. 1918)
(``Defense Authorization Act'') [see Tables for classification], section
301 of Title 3 of the United States Code, and, in general, to ensure
that the international trade policy of the United States shall be
conducted and administered in a way that achieves the economic, foreign
policy, and national security objectives of the United States and in a
coordinated manner under the direction of the President, it is hereby
ordered as follows:
PART I--TRADE, CUSTOMS, AND TARIFF LAWS
Section 1-101. Accession of State Trading Regimes to the General
Agreement on Tariffs and Trade. The functions vested in the President by
sections 1106(a), (b) and (d) of the Omnibus Trade Act [19 U.S.C.
2905(a), (b), (d)], regarding the accession of state trading regimes to
the General Agreement on Tariffs and Trade, are delegated to the United
States Trade Representative.
Sec. 1-201. Wine Barriers. The functions vested in the President by
section 1125 of the Omnibus Trade Act [19 U.S.C. 2804 note], regarding
the updated report on barriers to wine trade, are delegated to the
United States Trade Representative.
Sec. 1-301. Steel Imports. The functions vested in the President by
section 805(d)(1) and (2) of the Trade and Tariff Act of 1984 (19 U.S.C.
2253, note), as amended by section 1322 of the Omnibus Trade Act, are
delegated to the United States Trade Representative.
Sec. 1-401. Telecommunications Trade. The functions vested in the
President by sections 1375 and 1376(e) of the Omnibus Trade Act [19
U.S.C. 3104, 3105(e)], regarding certain telecommunications negotiations
as may be ordered by the President and reports thereon to Congressional
Committees, are delegated to the United States Trade Representative.
Sec. 1-501. Uniform Fee on Imports. The functions vested in the
President by section 1428 of the Omnibus Trade Act [19 U.S.C. 2397, 19
U.S.C. 2397 note], regarding negotiations to obtain authority under the
General Agreement on Tariffs and Trade to impose a small uniform fee on
imports, are delegated to the United States Trade Representative.
PART II--EXPORT ENHANCEMENT
Sec. 2-101. Countertrade and Barter.
(1) Establishment. There is established an Interagency Group on
Countertrade, which shall be composed of the Secretaries of Commerce,
State, Defense, Treasury, Labor, Agriculture, and Energy, the Attorney
General, the Administrator of the Agency for International Development,
the Director of the Federal Emergency Management Agency, the United
States Trade Representative and the Director of the Office of Management
and Budget, or their respective representatives. The Secretary of
Commerce or his representative shall be the Chairman of the interagency
group.
(2) Functions. The interagency group shall carry out the functions
and duties set out in section 2205(a) of the Omnibus Trade Act [15
U.S.C. 4712(a)].
Sec. 2-201. Sanctions Against Toshiba and Kongsberg.
(1) Procurement Sanctions. Pursuant to section 2443 of the Omnibus
Trade Act [50 U.S.C. App. 2410a note] and subject to the exceptions
referred to in paragraph (3), departments, agencies and
instrumentalities of the United States Government shall not for the
three-year period beginning on the date this Order takes effect,
contract with or procure products and services from Toshiba Machine
Company, Kongsberg Trading Company, Toshiba Corporation or Kongsberg
Vaapenfabrikk. The head of each department, agency or instrumentality is
hereby directed and authorized to implement this procurement sanction in
accordance with paragraph (3).
(2) Import Sanctions. Pursuant to section 2443 of the Omnibus Trade
Act and subject to the exceptions referred to in paragraph (3),
importation into the United States, its territories and possessions, of
products produced by Toshiba Machine Company or Kongsberg Trading
Company is prohibited for three years from the effective date of this
Order. The Secretary of the Treasury is hereby directed and authorized
to implement this import sanction in accordance with paragraph (3).
(3) Exceptions. Authority to make determinations as to exceptions to
sanctions and to implement exceptions by regulation or otherwise is
delegated (i) to the Secretary of Defense with respect to determinations
under section 2443(c)(1) regarding the procurement of defense articles
or defense services, (ii) to the Secretary of the Treasury with respect
to exceptions under section 2443(c)(2) regarding importation prohibited
by section 2443(a)(2), and (iii) to the head of each Federal department,
agency or instrumentality with respect to exceptions under section
2443(c)(2) affecting their respective contracting and procurement. All
regulations implementing these exceptions provisions shall be consistent
with any guidelines provided by the Office of Federal Procurement
Policy, Office of Management and Budget.
(4) Annual Report. The annual report required by section 2445 [50
U.S.C. App. 2413], concerning estimated increases in defense
expenditures arising from illegal technology transfers, shall be
prepared by the Secretary of Defense, in consultation with the
Secretaries of State and Commerce, for submission to the Congress by the
President.
PART III--FOREIGN CORRUPT PRACTICES AMENDMENTS; INVESTMENT; AND
TECHNOLOGY
Sec. 3-101. Foreign Corrupt Practices Act Amendments.
The functions conferred upon the President by section 5003(d)(1)
(``International Agreement'') of the Omnibus Trade Act [15 U.S.C. 78dd-1
note] are delegated to the Secretary of State, who in performing such
functions shall act in consultation with the Attorney General, the
United States Trade Representative, the Chairman of the Securities and
Exchange Commission, the Secretary of Commerce, the Secretary of the
Treasury and the Director of the Office of Management and Budget.
Sec. 3-201. Authority to Review Certain Mergers, Acquisitions, and
Takeovers.
(1) Executive Order No. 11858, as amended [15 U.S.C. 78b note],
regarding the Committee on Foreign Investment in the United States (the
``Committee'') is further amended as follows:
(A) By adding new Sections 7 and 8 as follows:
``Sec. 7. (1) Investigations. (a) The Committee is designated to
receive notices and other information, to determine whether
investigations should be undertaken, and to make investigations,
pursuant to Section 721(a) of the Defense Production Act. (b) If the
Committee determines that an investigation should be undertaken, such
investigation shall commence no later than 30 days after receipt by the
Committee of written notification of the proposed or pending merger,
acquisition, or takeover. Such investigation shall be completed no later
than 45 days after such determination. (c) If one or more Committee
members differ with a Committee decision not to undertake an
investigation, the Chairman shall submit a report of the Committee to
the President setting forth the differing views and presenting the
issues for his decision within 25 days after receipt by the Committee of
written notification of the proposed or pending merger, acquisition, or
takeover. (d) A unanimous decision by the Committee not to undertake an
investigation with regard to a notice shall conclude action under this
section on such notice. The Chairman shall advise the President of said
decision.
``(2) Report to the President. Upon completion or termination of any
investigation, the Committee shall report to the President and present a
recommendation. Any such report shall include information relevant to
subparagraphs (1) and (2) of Section 721(d) of the Defense Production
Act. If the Committee is unable to reach a unanimous recommendation, the
Chairman shall submit a report of the Committee to the President setting
forth the differing views and presenting the issues for his decision.
``Sec. 8. The Chairman of the Committee, in consultation with other
members of the Committee, is hereby delegated the authority to issue
regulations to implement Section 721 of the Defense Production Act.''
(B) By deleting, from the second sentence in Section 1(a), the text
beginning with ``a representative'' and ending with ``by each of''.
(C) By deleting, from the third sentence in Section 1(a), the phrase
``representative of the''.
(D) By deleting ``and'' at the end of subparagraph (3) of Section
1(b), by substituting ``; and'' for the period at the end of
subparagraph (4) of that Section, and by adding a new subparagraph (5)
as follows: ``(5) coordinate the views of the Executive Branch and
discharge the responsibilities with respect to Section 721(a) and (e) of
the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061 et
seq.) (``Defense Production Act'').''
(E) By adding the following sentence at the end of Section 5:
``Information or documentary material filed pursuant to Section 1(b)(5)
or Section 7 of this Order shall be treated in accordance with paragraph
(b) of Section 721 of the Defense Production Act.''
(F) By inserting in Section 1(a) the following additional Committee
members: ``(7) The Attorney General.'' and ``(8) The Director of the
Office of Management and Budget.''
(G) The Interim Presidential Directive to the Secretary of the
Treasury of October 26, 1988, is hereby revoked, and any notices
received or investigations pending as of the date this Order takes
effect shall be referred to the Chairman of the Committee for action
consistent with this Order.
Sec. 3-301. Reporting Requirement on Semiconductors, Fiber Optics
and Superconducting Materials.
(1) The Secretary of Commerce, in consultation with the Director of
the Office of Science and Technology Policy, the Secretary of Defense,
and the Director of the Office of Management and Budget, shall prepare
for the President to submit to the Congress with the Fiscal Year 1990
budget a report describing policies and budget proposals regarding:
(A) Federal research in semiconductors and semiconductor
manufacturing technology, including a discussion of the respective roles
of the various Federal departments and agencies in such research;
(B) Federal research and acquisition policies for fiber optics and
optical-electronic technologies generally;
(C) Superconducting materials, including descriptions of research
priorities, the scientific and technical barriers to commercialization
which such research is designed to overcome, steps taken to ensure
coordination among Federal agencies conducting research on
superconducting materials, and steps taken to consult with private
United States industry to ensure that no unnecessary duplication of
research exists and that all important scientific and technical barriers
to the commercialization of superconducting materials will be addressed;
and
(D) Federal research to assist United States industry to develop and
apply advanced manufacturing technologies for the production of durable
and nondurable goods.
(2) The Department of Defense, the Department of Energy, the
National Science Foundation, the National Aeronautics and Space
Administration, the Department of State, the United States Trade
Representative, and other Federal agencies deemed appropriate by the
Secretary of Commerce shall provide the information described in section
5141 of the Omnibus Trade Act [Pub. L. 100-418, title V, Aug. 23, 1988,
102 Stat. 1444] concerning their Fiscal Year 1989 program and proposed
Fiscal Year 1990 program to the Secretary of Commerce in sufficient time
to permit preparation of the report.
(3) The Office of Management and Budget shall provide to the
Secretary of Commerce, in sufficient time to permit preparation of the
report, a summary of the Federal base program and Fiscal Year 1990
budget initiatives in each of the technical areas of the report.
(4) The Office of Science and Technology Policy (``OSTP'') shall
provide the Secretary of Commerce with appropriate policy guidance in
the technical areas of the report, including a summary of the criteria
used to select research projects within an agency and among agencies,
and the results of any studies conducted by OSTP, or by others if OSTP
deems them to be relevant, which analyze the influence of the Federal
research programs in the technical areas of the report.
Sec. 3-401. [Revoked by Ex. Ord. No. 12774, Sec. 3(a), Sept. 27,
1991, 56 F.R. 49835]
PART IV--EDUCATION AND TRAINING FOR AMERICAN COMPETITIVENESS
Sec. 4-101. Buy American Act of 1988.
(1) The functions vested in the President by section 7002 of the
Omnibus Trade Act, regarding section 4(d) of Title III of the Buy
American Act of 1933, as amended (41 U.S.C. 10a-10d) [former 41 U.S.C.
10b-1], are delegated to the Secretary of Defense.
(2) The functions vested in the President by section 7003 of the
Omnibus Trade Act, regarding the annual report required by subsection
(d) of section 305 of the Trade Agreements Act of 1979, as amended (19
U.S.C. 2515), are delegated to the United States Trade Representative.
PART V--MISCELLANEOUS
Sec. 5-101. Executive Oversight.
Any actions or determinations taken or made by an officer or agency
under the Omnibus Trade Act or this Order shall be subject to the
Executive oversight and direction of the President, and such actions or
determinations shall be undertaken after appropriate inter-agency
consultation as established by the President.
Sec. 5-102. Regulatory Review. Notwithstanding the provisions of
section 1(a)(2) of Executive Order No. 12291 of February 17, 1981
[formerly 5 U.S.C. 601 note], the Director of the Office of Management
and Budget shall, with regard to regulations, rules, or agency
statements of general applicability and future effect designed to
implement, interpret, or prescribe law or policy or describing the
procedure or practice requirements of an agency relative to the
administration of the Export Administration Act [50 U.S.C. App. 2401 et
seq.], determine whether such regulations, rules, or agency statements
are exempted from review under that Order, pursuant to the provisions of
section 8(b) thereof [50 U.S.C. App. 2407(b)].
Sec. 5-201. Offsets. The negotiating functions under section 825(c)
of the Defense Authorization Act [10 U.S.C. 2532 note], as may be
ordered by the President, are hereby jointly delegated to the Secretary
of Defense and the United States Trade Representative. These functions
shall be coordinated with the Secretary of State and conducted in
consultation with the Secretaries of Commerce, Labor and the Treasury.
Sec. 5-202. Reporting Functions. The reporting functions of the
President under section 825(d) of the Defense Authorization Act [10
U.S.C. 2532 note] are delegated to the Director of the Office of
Management and Budget. The Director may further delegate to the heads of
Executive departments and agencies responsibility for preparing
particular sections of such reports. The heads of Executive departments
and agencies shall, to the extent permitted by law, provide the Director
with such information as may be necessary for the effective performance
of these functions.
Sec. 5-301. International Trade Commission Report. The functions
vested in the President by section 332(g) of the Tariff Act [19 U.S.C.
1332(g)], regarding reports by the United States International Trade
Commission to the President, are delegated to the United States Trade
Representative.
Sec. 5-401. Strengthening International Institutions. To the extent
possible, actions undertaken under this Order shall be conducted in a
manner that strengthens international institutions that further United
States objectives, such as opening foreign markets and preventing the
export of strategic goods and technologies to proscribed destinations.
Sec. 5-501. Effective Date. This Order shall take effect at 12:01
a.m. on Wednesday, December 28, 1988.
Section Referred to in Other Sections
This section is referred to in section 2902 of this title; title 7
section 5202.
