---
kind: "section"
citation: "19 U.S.C. § 2114d"
title: "19"
title_heading: "Customs Duties"
number: "2114d"
heading: "Foreign export requirements; consultations and negotiations for reduction and elimination; restrictions on and exclusion from entry of products or services; savings provision; compensation authority applicable"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/19/2114d"
units:
  - "Chapter 12 — Trade Act of 1974"
  - "Subchapter I — Negotiating and Other Authority"
  - "Part 1"
---

# §2114d. Foreign export requirements; consultations and negotiations for reduction and elimination; restrictions on and exclusion from entry of products or services; savings provision; compensation authority applicable

- (1) If the [United States](/usc/19/2319.md?p=8) [Trade Representative](/usc/19/1677.md?p=32), with the advice of the committee established by [section 1872 of this title](/usc/19/1872.md), determines that action by the [United States](/usc/19/2319.md?p=8) is appropriate to respond to any export performance requirements of any foreign [country](/usc/19/1677.md?p=3) or instrumentality that adversely affect the economic interests of the [United States](/usc/19/2319.md?p=8), then the [United States](/usc/19/2319.md?p=8) [Trade Representative](/usc/19/1677.md?p=32) shall seek to obtain the reduction and elimination of such export performance requirements through consultations and negotiations with the foreign [country](/usc/19/1677.md?p=3) or instrumentality concerned.
- (2) In addition to the action referred to in [subsection (1)](#1), the [United States](/usc/19/2319.md?p=8) [Trade Representative](/usc/19/1677.md?p=32) may impose [duties](/usc/19/2481.md?p=1) or [other import restrictions](/usc/19/2481.md?p=2) on the products or [services](/usc/19/2576b.md?p=4) of such foreign [country](/usc/19/1677.md?p=3) or instrumentality for such time as he determines appropriate, including the exclusion from [entry](/usc/19/1677.md?p=23) into the [United States](/usc/19/2319.md?p=8) of products subject to such requirements.
- (3) Nothing in [paragraph (2)](#2) shall apply to any products or [services](/usc/19/2576b.md?p=4) with respect to which—
  - (A) any foreign direct investment (including a purchase of land or facilities) has been made directly or indirectly by any [United States](/usc/19/2319.md?p=8) [person](/usc/19/2401.md?p=2) before October 30, 1984, or
  - (B) any written commitment relating to a foreign direct investment that is binding on October 30, 1984, has been made directly or indirectly by any [United States](/usc/19/2319.md?p=8) [person](/usc/19/2401.md?p=2).
- (4) Whenever the international obligations of the [United States](/usc/19/2319.md?p=8) and actions taken under [paragraph (2)](#2) make compensation necessary or appropriate, compensation may be provided by the [United States](/usc/19/2319.md?p=8) [Trade Representative](/usc/19/1677.md?p=32) subject to the limitations and conditions contained in [section 2133 of this title](/usc/19/2133.md) for providing compensation for actions taken under [section 2253 of this title](/usc/19/2253.md).

## Source credit

(Pub. L. 98–573, title III, § 307(b), Oct. 30, 1984, 98 Stat. 3012; Pub. L. 99–514, title XVIII, § 1889(5), Oct. 22, 1986, 100 Stat. 2926.)

## Notes

### Statutory Notes and Related Subsidiaries

### Codification

Section was enacted as part of the International Trade and Investment Act, and also as part of the Trade and Tariff Act of 1984, and not as part of the Trade Act of 1974 which comprises this chapter.

Section is comprised of subsec. (b) of section 307 of Pub. L. 98–573. Subsec. (a) of such section amended section 2112(g)(3) of this title.

### Amendments

1986—Par. (3). Pub. L. 99–514 struck out “or paragraph (3)” after “paragraph (2)”.

### Statutory Notes and Related Subsidiaries

### Plan Amendments Not Required Until January 1, 1989

For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1801–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99–514, as amended, set out as a note under section 401 of Title 26, Internal Revenue Code.