§3102. Definitions — Inbound Citations
19 U.S.C. § 3102
Cited by 50 provisions in release 119-102.
Citations to §3102(1)
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(a) The Trade Representative shall conduct an investigation to identify priority foreign countries. Such investigation shall be concluded by no later than the date that is 5 months after August 23, 1988.
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(b) In identifying priority foreign countries under subsection (a), the Trade Representative shall take into account, among other relevant factors—(1) the nature and significance of the acts, policies, and practices that deny mutually advantageous market opportunities to telecommunications products and services of United States firms;(2) the economic benefits (actual and potential) accruing to foreign firms from open access to the United States market;(3) the potential size of the market of a foreign country for telecommunications products and services of United States firms;(4) the potential to increase United States exports of telecommunications products and services, either directly or through the establishment of a beneficial precedent; and(5) measurable progress being made to eliminate the objectionable acts, policies, or practices.
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(1) The Trade Representative may at any time, after taking into account the factors described in subsection (b)—(A) revoke the identification of any priority foreign country that was made under this section, orif information available to the Trade Representative indicates that such action is appropriate.
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(2) The Trade Representative shall include in the semiannual report submitted to the Congress under section 2419(3) of this title a detailed explanation of the reasons for the revocation under paragraph (1) of this subsection of any identification of any foreign country as a priority foreign country.
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(d) By no later than the date that is 30 days after the date on which the investigation conducted under subsection (a) is completed, the United States Trade Representative shall submit a report on the investigation to the President and to appropriate committees of the Congress.
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(1) In conducting the annual analysis under section 181(a) of the Trade Act of 1974 (19 U.S.C. 2241), the Trade Representative shall review the operation and effectiveness of—(A) each trade agreement negotiated by reason of this chapter that is in force with respect to the United States; and(B) every other trade agreement regarding telecommunications products or services that is in force with respect to the United States.
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(2) In each review conducted under paragraph (1), the Trade Representative shall determine whether any act, policy, or practice of the foreign country that has entered into the agreement described in paragraph (1)—(A) is not in compliance with the terms of such agreement, or(B) otherwise denies, within the context of the terms of such agreement, to telecommunications products and services of United States firms mutually advantageous market opportunities in that foreign country.
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(1) In conducting reviews under subsection (a), the Trade Representative shall consider any evidence of actual patterns of trade (including United States exports to a foreign country of telecommunications products and services, including sales and services related to those products) that do not reflect patterns of trade which would reasonably be anticipated to flow from the concessions or commitments of such country based on the international competitive position and export potential of such products and services.
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(2) The Trade Representative shall consult with the United States International Trade Commission with regard to the actual patterns of trade described in paragraph (1).
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(1) Any affirmative determination made by the Trade Representative under subsection (a)(2) with respect to any act, policy, or practice of a foreign country shall, for purposes of chapter 1 of title III of the Trade Act of 1974 [19 U.S.C. 2411 et seq.], be treated as an affirmative determination under section 304(a)(1)(A) of such Act [19 U.S.C. 2414(a)(1)(A)] that such act, policy, or practice violates a trade agreement.
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(2) In taking actions under section 301 [19 U.S.C. 2411] by reason of paragraph (1), the Trade Representative shall first take those actions which most directly affect trade in telecommunications products and services with the priority foreign country referred to in paragraph (1), unless the Trade Representative determines that actions against other economic sectors would be more effective in achieving compliance by the foreign country with the trade agreement that is the subject of the affirmative determination made under subsection (a)(2).
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(b) Before—(1) the Trade Representative concludes the investigation conducted under section 3103(a) of this title or takes action under section 3103(c) of this title,(2) the President establishes specific negotiating objectives under section 3104(b) of this title with respect to any foreign country, or(3) the President takes action under section 3105 of this title,the Trade Representative shall provide an opportunity for the presentation of views by any interested party with respect to such investigation, objectives, or action, including appropriate committees established pursuant to section 2155 of this title.
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(1) the Trade Representative concludes the investigation conducted under section 3103(a) of this title or takes action under section 3103(c) of this title,
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(c) For purposes of conducting negotiations under section 3104(a) of this title, the Trade Representative shall keep appropriate committees of the Congress, as well as appropriate committees established pursuant to section 2155 of this title, currently informed with respect to—(1) the negotiating priorities and objectives for each priority foreign country;(2) the assessment of negotiating prospects, both bilateral and multilateral; and(3) any United States concessions which might be included in negotiations to achieve the objectives described in subsections (c) and (d) of section 3104 of this title.
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(2) The Commission, the Secretary of Commerce, and the Trade Representative shall provide such assistance in the enforcement of paragraph (1) as the Secretary of the Treasury may request.
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(a) The Secretary of Commerce, in consultation with the Federal Communications Commission and the United States Trade Representative, shall conduct a study of the competitiveness of the United States telecommunications industry and the effects of foreign telecommunications policies and practices on such industry in order to assist the Congress and the President in determining what actions might be necessary to preserve the competitiveness of the United States telecommunications industry.
Citations to §3102(2)
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(1) rapid growth in the world market for telecommunications products and services is likely to continue for several decades;
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(2) the United States can improve prospects for—(A) the growth of—(i) United States exports of telecommunications products and services, and(ii) export-related employment and consumer services in the United States, and(B) the continuance of the technological leadership of the United States,by undertaking a program to achieve an open world market for trade in telecommunications products, services, and investment;
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(i) United States exports of telecommunications products and services, and
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(3) most foreign markets for telecommunications products, services, and investment are characterized by extensive government intervention (including restrictive import practices and discriminatory procurement practices) which adversely affect United States exports of telecommunications products and services and United States investment in telecommunications;
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(4) the open nature of the United States telecommunications market, accruing from the liberalization and restructuring of such market, has contributed, and will continue to contribute, to an increase in imports of telecommunications products and a growing imbalance in competitive opportunities for trade in telecommunications;
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(5) unless this imbalance is corrected through the achievement of mutually advantageous market opportunities for trade in telecommunications products and services between the United States and foreign countries, the United States should avoid granting continued open access to the telecommunications products and services of such foreign countries in the United States market; and
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(6) the unique business conditions in the worldwide market for telecommunications products and services caused by the combination of deregulation and divestiture in the United States, which represents a unilateral liberalization of United States trade with the rest of the world, and continuing government intervention in the domestic industries of many other countries create a need to make an exception in the case of telecommunications products and services that should not necessarily be a precedent for legislating specific sectoral priorities in combating the closed markets or unfair foreign trade practices of other countries.
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(3) to develop an international consensus in favor of open trade and competition in telecommunications products and services;
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(5) to achieve a more open world trading system for telecommunications products and services through negotiation and provision of mutually advantageous market opportunities for United States telecommunications exporters and their subsidiaries in those markets in which barriers exist to free international trade.
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(1) the nature and significance of the acts, policies, and practices that deny mutually advantageous market opportunities to telecommunications products and services of United States firms;
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(3) the potential size of the market of a foreign country for telecommunications products and services of United States firms;
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(4) the potential to increase United States exports of telecommunications products and services, either directly or through the establishment of a beneficial precedent; and
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(1) to obtain multilateral or bilateral agreements (or the modification of existing agreements) that provide mutually advantageous market opportunities for trade in telecommunications products and services between the United States and foreign countries;
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(2) to correct the imbalances in market opportunities accruing from reductions in barriers to the access of telecommunications products and services of foreign firms to the United States market; and
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(3) to facilitate the increase in United States exports of telecommunications products and services to a level of exports that reflects the competitiveness of the United States telecommunications industry.
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(d) The specific negotiating objectives of the United States under this section regarding telecommunications products and services are to obtain—(1) national treatment for telecommunications products and services that are provided by United States firms;(2) most-favored-nation treatment for such products and services;(3) nondiscriminatory procurement policies with respect to such products and services and the inclusion under the Agreement on Government Procurement of the procurement (by sale or lease by government-owned or controlled entities) of all telecommunications products and services;(4) the reduction or elimination of customs duties on telecommunications products;(5) the elimination of subsidies, violations of intellectual property rights, and other unfair trade practices that distort international trade in telecommunications products and services;(6) the elimination of investment barriers that restrict the establishment of foreign-owned business entities which market such products and services;(7) assurances that any requirement for the registration of telecommunications products, which are to be located on customer premises, for the purposes of—(A) attachment to a telecommunications network in a foreign country, and(B) the marketing of the products in a foreign country,be limited to the certification by the manufacturer that the products meet the standards established by the foreign country for preventing harm to the network or network personnel;(8) transparency of, and open participation in, the standards-setting processes used in foreign countries with respect to telecommunications products;(9) the ability to have telecommunications products, which are to be located on customer premises, approved and registered by type, and, if appropriate, the establishment of procedures between the United States and foreign countries for the mutual recognition of type approvals;(10) access to the basic telecommunications network in foreign countries on reasonable and nondiscriminatory terms and conditions (including nondiscriminatory prices) for the provision of value-added services by United States suppliers;(11) the nondiscriminatory procurement of telecommunications products and services by foreign entities that provide local exchange telecommunications services which are owned, controlled, or, if appropriate, regulated by foreign governments; and(12) monitoring and effective dispute settlement mechanisms to facilitate compliance with matters referred to in the preceding paragraphs of this subsection.
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(1) national treatment for telecommunications products and services that are provided by United States firms;
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(3) nondiscriminatory procurement policies with respect to such products and services and the inclusion under the Agreement on Government Procurement of the procurement (by sale or lease by government-owned or controlled entities) of all telecommunications products and services;
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(4) the reduction or elimination of customs duties on telecommunications products;
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(5) the elimination of subsidies, violations of intellectual property rights, and other unfair trade practices that distort international trade in telecommunications products and services;
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(7) assurances that any requirement for the registration of telecommunications products, which are to be located on customer premises, for the purposes of—(A) attachment to a telecommunications network in a foreign country, and(B) the marketing of the products in a foreign country,
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(8) transparency of, and open participation in, the standards-setting processes used in foreign countries with respect to telecommunications products;
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(9) the ability to have telecommunications products, which are to be located on customer premises, approved and registered by type, and, if appropriate, the establishment of procedures between the United States and foreign countries for the mutual recognition of type approvals;
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(11) the nondiscriminatory procurement of telecommunications products and services by foreign entities that provide local exchange telecommunications services which are owned, controlled, or, if appropriate, regulated by foreign governments; and
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(2) In taking actions under paragraph (1), the President shall first take those actions which most directly affect trade in telecommunications products and services with the priority foreign country referred to in paragraph (1), unless the President determines that actions against other economic sectors would be more effective in achieving the general negotiating objectives referred to in paragraph (1).
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(A) termination, withdrawal, or suspension of any portion of any trade agreement entered into with such country under—(i) the Trade Act of 1974 [19 U.S.C. 2101 et seq.],(ii) section 1821 of this title, or(iii) section 1351 of this title,with respect to any duty or import restriction imposed by the United States on any telecommunications product;
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(C) prohibition of purchases by the Federal Government of telecommunications products of such country;
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(D) increases in domestic preferences under chapter 83 of title 41 for purchases by the Federal Government of telecommunications products of such country;
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(E) suspension of any waiver of domestic preferences under chapter 83 of title 41 which may have been extended to such country pursuant to the Trade Agreements Act of 1979 with respect to telecommunications products or any other products;
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(F) issuance of orders to appropriate officers and employees of the Federal Government to deny Federal funds or Federal credits for purchases of the telecommunications products of such country; and
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(B) every other trade agreement regarding telecommunications products or services that is in force with respect to the United States.
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(B) otherwise denies, within the context of the terms of such agreement, to telecommunications products and services of United States firms mutually advantageous market opportunities in that foreign country.
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(1) In conducting reviews under subsection (a), the Trade Representative shall consider any evidence of actual patterns of trade (including United States exports to a foreign country of telecommunications products and services, including sales and services related to those products) that do not reflect patterns of trade which would reasonably be anticipated to flow from the concessions or commitments of such country based on the international competitive position and export potential of such products and services.
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(2) In taking actions under section 301 [19 U.S.C. 2411] by reason of paragraph (1), the Trade Representative shall first take those actions which most directly affect trade in telecommunications products and services with the priority foreign country referred to in paragraph (1), unless the Trade Representative determines that actions against other economic sectors would be more effective in achieving compliance by the foreign country with the trade agreement that is the subject of the affirmative determination made under subsection (a)(2).