---
kind: "section"
citation: "19 U.S.C. § 2114a"
title: "19"
title_heading: "Customs Duties"
number: "2114a"
heading: "Negotiating objectives with respect to trade in services, foreign direct investment, and high technology products"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/19/2114a"
units:
  - "Chapter 12 — Trade Act of 1974"
  - "Subchapter I — Negotiating and Other Authority"
  - "Part 1"
---

# §2114a. Negotiating objectives with respect to trade in services, foreign direct investment, and high technology products

- (a) **Trade in services—**
  - (1) **In general—** Principal [United States](/usc/19/2319.md?p=8) negotiating [objectives](/usc/19/2576b.md?p=3) under [section 2112 of this title](/usc/19/2112.md) shall be—
    - (A) to reduce or to eliminate barriers to, or other distortions of, international trade in [services](/usc/19/2576b.md?p=4) (particularly [United States](/usc/19/2319.md?p=8) [service](/usc/19/2576b.md?p=4) sector trade in foreign markets), including barriers that deny national treatment and restrictions on the establishment and operation in such markets; and
    - (B) to develop internationally agreed rules, including dispute settlement procedures, which—
      - (i) are consistent with the commercial policies of the [United States](/usc/19/2319.md?p=8), and
      - (ii) will reduce or eliminate such barriers or distortions and help ensure open international trade in [services](/usc/19/2576b.md?p=4).
  - (2) **Domestic objectives—** In pursuing the [objectives](/usc/19/2576b.md?p=3) described in [paragraph (1)](#a-1), [United States](/usc/19/2319.md?p=8) negotiators shall take into account legitimate [United States](/usc/19/2319.md?p=8) domestic [objectives](/usc/19/2576b.md?p=3) including, but not limited to, the protection of legitimate health or safety, essential security, environmental, consumer or employment opportunity interests and the laws and regulations related thereto.
- (b) **Foreign direct investment—**
  - (1) **In general—** Principal [United States](/usc/19/2319.md?p=8) negotiating [objectives](/usc/19/2576b.md?p=3) under [section 2112 of this title](/usc/19/2112.md) shall be—
    - (A) 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
    - (B) 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 investment related measures.
  - (2) **Domestic objectives—** In pursuing the [objectives](/usc/19/2576b.md?p=3) described in [paragraph (1)](#b-1), [United States](/usc/19/2319.md?p=8) negotiators shall take into account legitimate [United States](/usc/19/2319.md?p=8) domestic [objectives](/usc/19/2576b.md?p=3) including, but not limited to, the protection of legitimate health or safety, essential security, environmental, consumer or employment opportunity interests and the laws and regulations related thereto.
- (c) **High technology products—** Principal [United States](/usc/19/2319.md?p=8) negotiating [objectives](/usc/19/2576b.md?p=3) shall be—
  - (1) to obtain and preserve the maximum openness with respect to international trade and investment in high technology products and related [services](/usc/19/2576b.md?p=4);
  - (2) to obtain the elimination or reduction of, or compensation for, the significantly distorting effects of foreign government acts, policies, or practices identified in [section 2241 of this title](/usc/19/2241.md), with particular consideration given to the nature and extent of foreign government intervention affecting [United States](/usc/19/2319.md?p=8) exports of high technology products or investments in high technology [industries](/usc/19/1677.md?p=4-A), including—
    - (A) foreign industrial policies which distort international trade or investment;
    - (B) measures which deny national treatment or otherwise discriminate in favor of domestic high technology [industries](/usc/19/1677.md?p=4-A);
    - (C) measures which fail to provide adequate and effective means for foreign nationals to secure, exercise, and enforce exclusive rights in intellectual property (including trademarks, patents, and copyrights);
    - (D) measures which impair access to domestic markets for key commodity products; and
    - (E) measures which facilitate or encourage anticompetitive market practices or structures;
  - (3) to obtain commitments that official policy of foreign [countries](/usc/19/1677.md?p=3) or instrumentalities will not discourage government or private procurement of foreign high technology products and related [services](/usc/19/2576b.md?p=4);
  - (4) to obtain the reduction or elimination of all tariffs on, and other barriers to, [United States](/usc/19/2319.md?p=8) exports of high technology products and related [services](/usc/19/2576b.md?p=4);
  - (5) to obtain commitments to foster national treatment;
  - (6) to obtain commitments to—
    - (A) foster the pursuit of joint scientific cooperation between companies, institutions or governmental entities of the [United States](/usc/19/2319.md?p=8) and those of the trading partners of the [United States](/usc/19/2319.md?p=8) in areas of mutual interest through such measures as financial participation and technical and personnel exchanges, and
    - (B) ensure that access by all participants to the results of any such cooperative efforts should not be impaired; and
  - (7) to provide effective minimum safeguards for the acquisition and enforcement of intellectual property rights and the property value of proprietary data.
- (d) **Definition of barriers and other distortions—** For purposes of [subsection (a)](#a), the term “barriers to, or other distortions of, international trade in [services](/usc/19/2576b.md?p=4)” includes, but is not limited to—
  - (1) barriers to establishment in foreign markets, and
  - (2) restrictions on the operation of enterprises in foreign markets, including—
    - (A) direct or indirect restrictions on the transfer of information into, or out of, the [country](/usc/19/1677.md?p=3) or instrumentality concerned, and
    - (B) restrictions on the use of data processing facilities within or outside of such [country](/usc/19/1677.md?p=3) or instrumentality.

## Source credit

(Pub. L. 93–618, title I, § 104A, as added Pub. L. 98–573, title III, § 305(a)(1), Oct. 30, 1984, 98 Stat. 3006.)