---
kind: "section"
citation: "19 U.S.C. § 4012"
title: "19"
title_heading: "Customs Duties"
number: "4012"
heading: "Relationship of the Agreement to United States and State law"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/19/4012"
units:
  - "Chapter 26 — Dominican Republic-Central America Free Trade"
  - "Subchapter I — Approval of, and General Provisions Relating to, the Agreement"
---

# §4012. Relationship of the Agreement to United States and State law

- (a) **Relationship of Agreement to United States law—**
  - (1) **United States law to prevail in conflict—** No provision of the [Agreement](/usc/19/4002.md?p=1), nor the application of any such provision to any [person](/usc/19/1683.md?p=8) or circumstance, which is inconsistent with any law of the [United States](/usc/19/1683.md?p=9) shall have effect.
  - (2) **Construction—** Nothing in this chapter shall be construed—
    - (A) to amend or modify any law of the [United States](/usc/19/1683.md?p=9), or
    - (B) to limit any authority conferred under any law of the [United States](/usc/19/1683.md?p=9),

    unless specifically provided for in this chapter.

- (b) **Relationship of Agreement to State law—**
  - (1) **Legal challenge—** No [State](/usc/19/2577.md?p=2) law, or the application thereof, may be declared invalid as to any [person](/usc/19/1683.md?p=8) or circumstance on the ground that the provision or application is inconsistent with the [Agreement](/usc/19/4002.md?p=1), except in an action brought by the [United States](/usc/19/1683.md?p=9) for the purpose of declaring such law or application invalid.
  - (2) **Definition of State law—** For purposes of this subsection, the term “[State](/usc/19/2577.md?p=2) law” includes—
    - (A) any law of a political subdivision of a [State](/usc/19/2577.md?p=2); and
    - (B) any [State](/usc/19/2577.md?p=2) law regulating or taxing the business of insurance.
- (c) **Effect of Agreement with respect to private remedies—** No [person](/usc/19/1683.md?p=8) other than the [United States](/usc/19/1683.md?p=9)—
  - (1) shall have any cause of action or defense under the [Agreement](/usc/19/4002.md?p=1) or by virtue of congressional approval thereof; or
  - (2) may challenge, in any action brought under any provision of law, any action or inaction by any department, agency, or other instrumentality of the [United States](/usc/19/1683.md?p=9), any [State](/usc/19/2577.md?p=2), or any political subdivision of a [State](/usc/19/2577.md?p=2), on the ground that such action or inaction is inconsistent with the [Agreement](/usc/19/4002.md?p=1).

## Source credit

(Pub. L. 109–53, title I, § 102, Aug. 2, 2005, 119 Stat. 464.)

## Notes

### Termination of Section

For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below.

### Editorial Notes

### References in Text

This chapter, referred to in subsec. (a)(2), was in the original “this Act”, meaning Pub. L. 109–53, Aug. 2, 2005, 119 Stat. 462, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of this title and Tables.

### Statutory Notes and Related Subsidiaries

### Effective and Termination Dates

Section effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on the date the Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see section 107 of Pub. L. 109–53, set out as a note under section 4001 of this title.