§3202. Beneficiary country — Inbound Citations
19 U.S.C. § 3202
Cited by 9 provisions in release 119-102.
Citations to 19 U.S.C. § 3202 as a whole
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(C) in a case in which the act, policy, or practice also fails to meet the eligibility criteria for receiving duty-free treatment under subsections (b) and (c) of section 2462 of this title, subsections (b) and (c) of section 2702 of this title, or subsections (c) and (d) of section 3202 of this title, withdraw, limit, or suspend such treatment under such provisions, notwithstanding the provisions of subsection (a)(3) of this section; or
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(B) The term “ATPDEA beneficiary country” means any “beneficiary country”, as defined in section 3202(a)(1) of this title, which the President designates as an ATPDEA beneficiary country, taking into account the criteria contained in subsections (c) and (d) of section 3202 of this title and other appropriate criteria, including the following:(i) Whether the beneficiary country has demonstrated a commitment to—(I) undertake its obligations under the WTO, including those agreements listed in section 3511(d) of this title, on or ahead of schedule; and(II) participate in negotiations toward the completion of the FTAA or another free trade agreement.(ii) The extent to which the country provides protection of intellectual property rights consistent with or greater than the protection afforded under the Agreement on Trade-Related Aspects of Intellectual Property Rights described in section 3511(d)(15) of this title.(iii) The extent to which the country provides internationally recognized worker rights, including—(I) the right of association;(II) the right to organize and bargain collectively;(III) a prohibition on the use of any form of forced or compulsory labor;(IV) a minimum age for the employment of children; and(V) acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health.(iv) Whether the country has implemented its commitments to eliminate the worst forms of child labor, as defined in section 507(6) of the Trade Act of 1974 [19 U.S.C. 2467(6)].(v) The extent to which the country has met the counternarcotics certification criteria set forth in section 2291j of title 22 for eligibility for United States assistance.(vi) The extent to which the country has taken steps to become a party to and implements the Inter-American Convention Against Corruption.(vii) The extent to which the country—(I) applies transparent, nondiscriminatory, and competitive procedures in government procurement equivalent to those contained in the Agreement on Government Procurement described in section 3511(d)(17) of this title; and(II) contributes to efforts in international fora to develop and implement international rules in transparency in government procurement.(viii) The extent to which the country has taken steps to support the efforts of the United States to combat terrorism.
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(2) remain in effect with respect to Ecuador after June 30, 2009, except that duty-free treatment and other preferential treatment under this chapter shall remain in effect with respect to Ecuador during the period beginning on July 1, 2009, and ending on July 31, 2013, unless the President reviews the criteria set forth in section 3202 of this title, and on or before June 30, 2009, reports to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives pursuant to subsection (b) that—(A) the President has determined that Ecuador does not satisfy the requirements set forth in section 3202(c) of this title for being designated as a beneficiary country; and(B) in making that determination, the President has taken into account each of the factors set forth in section 3202(d) of this title; and
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(3) remain in effect with respect to Bolivia after June 30, 2009, except that duty-free treatment and other preferential treatment under this chapter shall remain in effect with respect to Bolivia during the period beginning on July 1, 2009, and ending on December 31, 2009, only if the President reviews the criteria set forth in section 3202 of this title, and on or before June 30, 2009, reports to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives pursuant to subsection (b) that—(A) the President has determined that Bolivia satisfies the requirements set forth in section 3202(c) of this title for being designated as a beneficiary country; and(B) in making that determination, the President has taken into account each of the factors set forth in section 3202(d) of this title.
Citations to §3202(a)(1)
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(B) The term “ATPDEA beneficiary country” means any “beneficiary country”, as defined in section 3202(a)(1) of this title, which the President designates as an ATPDEA beneficiary country, taking into account the criteria contained in subsections (c) and (d) of section 3202 of this title and other appropriate criteria, including the following:(i) Whether the beneficiary country has demonstrated a commitment to—(I) undertake its obligations under the WTO, including those agreements listed in section 3511(d) of this title, on or ahead of schedule; and(II) participate in negotiations toward the completion of the FTAA or another free trade agreement.(ii) The extent to which the country provides protection of intellectual property rights consistent with or greater than the protection afforded under the Agreement on Trade-Related Aspects of Intellectual Property Rights described in section 3511(d)(15) of this title.(iii) The extent to which the country provides internationally recognized worker rights, including—(I) the right of association;(II) the right to organize and bargain collectively;(III) a prohibition on the use of any form of forced or compulsory labor;(IV) a minimum age for the employment of children; and(V) acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health.(iv) Whether the country has implemented its commitments to eliminate the worst forms of child labor, as defined in section 507(6) of the Trade Act of 1974 [19 U.S.C. 2467(6)].(v) The extent to which the country has met the counternarcotics certification criteria set forth in section 2291j of title 22 for eligibility for United States assistance.(vi) The extent to which the country has taken steps to become a party to and implements the Inter-American Convention Against Corruption.(vii) The extent to which the country—(I) applies transparent, nondiscriminatory, and competitive procedures in government procurement equivalent to those contained in the Agreement on Government Procurement described in section 3511(d)(17) of this title; and(II) contributes to efforts in international fora to develop and implement international rules in transparency in government procurement.(viii) The extent to which the country has taken steps to support the efforts of the United States to combat terrorism.
Citations to §3202(c)
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(A) the President has determined that Ecuador does not satisfy the requirements set forth in section 3202(c) of this title for being designated as a beneficiary country; and
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(A) the President has determined that Bolivia satisfies the requirements set forth in section 3202(c) of this title for being designated as a beneficiary country; and
Citations to §3202(d)
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(B) in making that determination, the President has taken into account each of the factors set forth in section 3202(d) of this title; and
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(B) in making that determination, the President has taken into account each of the factors set forth in section 3202(d) of this title.