---
kind: "section"
citation: "19 U.S.C. § 3806"
title: "19"
title_heading: "Customs Duties"
number: "3806"
heading: "Treatment of certain trade agreements for which negotiations have already begun"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/19/3806"
units:
  - "Chapter 24 — Bipartisan Trade Promotion Authority"
---

# §3806. Treatment of certain trade agreements for which negotiations have already begun

- (a) **Certain agreements—** Notwithstanding the prenegotiation notification and consultation requirement described in [section 3804(a) of this title](/usc/19/3804.md?p=a), if an agreement to which [section 3803(b) of this title](/usc/19/3803.md?p=b) applies—
  - (1) is entered into under the auspices of the [World Trade Organization](/usc/19/3813.md?p=13),
  - (2) is entered into with Chile,
  - (3) is entered into with Singapore, or
  - (4) establishes a Free Trade Area for the Americas,

  and results from negotiations that were commenced before August 6, 2002, [subsection (b)](#b) shall apply.

- (b) **Treatment of agreements—** In the case of any agreement to which [subsection (a)](#a) applies—
  - (1) the applicability of the trade authorities procedures to implementing bills shall be determined without regard to the requirements of [section 3804(a) of this title](/usc/19/3804.md?p=a) (relating only to 90 days notice prior to initiating negotiations), and any procedural disapproval resolution under [section 3805(b)(1)(B) of this title](/usc/19/3805.md?p=b-1-B) shall not be in order on the basis of a failure or refusal to comply with the provisions of [section 3804(a) of this title](/usc/19/3804.md?p=a); and
  - (2) the President shall, as soon as feasible after August 6, 2002—
    - (A) notify the Congress of the negotiations described in [subsection (a)](#a), the specific [United States](/usc/19/1683.md?p=9) [objectives](/usc/19/2576b.md?p=3) in the negotiations, and whether the President is seeking a new agreement or changes to an existing agreement; and
    - (B) before and after submission of the notice, consult regarding the negotiations with the committees referred to in [section 3804(a)(2) of this title](/usc/19/3804.md?p=a-2) and the Congressional Oversight Group convened under [section 3807 of this title](/usc/19/3807.md).

## Source credit

(Pub. L. 107–210, div. B, title XXI, § 2106, Aug. 6, 2002, 116 Stat. 1016.)

## Notes

### Executive Documents

### Delegation of Functions

For delegation of functions of President under this section, see section 1 of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under section 3801 of this title.