CHAPTER 28 —TRADE FACILITATION AND TRADE ENFORCEMENT
SUBCHAPTER I—TRADE FACILITATION AND TRADE ENFORCEMENT
SUBCHAPTER II—IMPORT HEALTH AND SAFETY
SUBCHAPTER III—IMPORT-RELATED PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
SUBCHAPTER IV—PREVENTION OF EVASION OF ANTIDUMPING AND COUNTERVAILING DUTY ORDERS
Part I—Actions Relating to Enforcement of Trade Remedy Laws
Part II—Other Matters
SUBCHAPTER V—ADDITIONAL ENFORCEMENT PROVISIONS
SUBCHAPTER VI—ENGAGEMENT ON CURRENCY EXCHANGE RATE AND ECONOMIC POLICIES
SUBCHAPTER VII—PRECLEARANCE OPERATIONS
SUBCHAPTER VIII—MISCELLANEOUS PROVISIONS
§4301. Definitions
In this chapter:
(1) Automated Commercial Environment
The term "Automated Commercial Environment" means the Automated Commercial Environment computer system authorized under
(2) Commercial operations of U.S. Customs and Border Protection
The term "commercial operations of U.S. Customs and Border Protection" includes—
(A) administering any customs revenue function (as defined in
(B) coordinating efforts of the Department of Homeland Security with respect to trade facilitation and trade enforcement;
(C) coordinating with the Director of U.S. Immigration and Customs Enforcement with respect to—
(i) investigations relating to trade enforcement; and
(ii) the development and implementation of the joint strategic plan required by
(D) coordinating, on behalf of the Department of Homeland Security, efforts among Federal agencies to facilitate legitimate trade and to enforce the customs and trade laws of the United States, including representing the Department of Homeland Security in interagency fora addressing such efforts;
(E) coordinating with customs authorities of foreign countries to facilitate legitimate international trade and enforce the customs and trade laws of the United States and the customs and trade laws of foreign countries;
(F) collecting, assessing, and disseminating information as appropriate and in accordance with any law regarding cargo destined for the United States—
(i) to ensure that such cargo complies with the customs and trade laws of the United States; and
(ii) to facilitate the legitimate international trade of such cargo;
(G) soliciting and considering on a regular basis input from private sector entities, including the Commercial Customs Operations Advisory Committee established by
(i) the implementation of changes to the customs and trade laws of the United States; and
(ii) the development, implementation, or revision of policies or regulations administered by U.S. Customs and Border Protection; and
(H) otherwise advising the Secretary of Homeland Security with respect to the development of policies associated with facilitating legitimate trade and enforcing the customs and trade laws of the United States.
(3) Commissioner
The term "Commissioner" means the Commissioner of U.S. Customs and Border Protection, as described in
(4) Customs and trade laws of the United States
The term "customs and trade laws of the United States" includes the following:
(A) The Tariff Act of 1930 (
(B)
(C)
(D) The Act of March 3, 1927 (
(E)
(F)
(G)
(H) The Act of June 18, 1934 (
(I)
(J) The Trade Act of 1974 (
(K) The Trade Agreements Act of 1979 (
(L) The North American Free Trade Agreement Implementation Act (
(M) The Uruguay Round Agreements Act (
(N) The Caribbean Basin Economic Recovery Act (
(O) The Andean Trade Preference Act (
(P) The African Growth and Opportunity Act (
(Q) The Customs Enforcement Act of 1986 (
(R) The Customs and Trade Act of 1990 (
(S) The Customs Procedural Reform and Simplification Act of 1978 (
(T) The Trade Act of 2002 (
(U) The Convention on Cultural Property Implementation Act (
(V) The Act of March 28, 1928 (
(W) The Act of August 7, 1939 (
(X) The Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (
(Y) The Trade Preferences Extension Act of 2015 (
(Z) Any other provision of law implementing a trade agreement.
(AA) Any other provision of law vesting customs revenue functions in the Secretary of the Treasury.
(BB) Any other provision of law relating to trade facilitation or trade enforcement that is administered by U.S. Customs and Border Protection on behalf of any Federal agency that is required to participate in the International Trade Data System established under section 411(d) of the Tariff Act of 1930 (
(CC) Any other provision of customs or trade law administered by U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement.
(5) Private sector entity
The term "private sector entity" means—
(A) an importer;
(B) an exporter;
(C) a forwarder;
(D) an air, sea, or land carrier or shipper;
(E) a contract logistics provider;
(F) a customs broker; or
(G) any other person (other than an employee of a government) affected by the implementation of the customs and trade laws of the United States.
(6) Trade enforcement
The term "trade enforcement" means the enforcement of the customs and trade laws of the United States.
(7) Trade facilitation
The term "trade facilitation" refers to policies and activities of U.S. Customs and Border Protection with respect to facilitating the movement of merchandise into and out of the United States in a manner that complies with the customs and trade laws of the United States.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
The Tariff Act of 1930, referred to in par. (4)(A), is act June 17, 1930, ch. 497,
Act of March 3, 1927, referred to in par. (4)(D), is act Mar. 3, 1927, ch. 348,
Act of June 18, 1934, referred to in par. (4)(H), is act June 18, 1934, ch. 590,
The Trade Act of 1974, referred to in par. (4)(J), is
The Trade Agreements Act of 1979, referred to in par. (4)(K), is
The North American Free Trade Agreement Implementation Act, referred to in par. (4)(L), is
The Uruguay Round Agreements Act, referred to in par. (4)(M), is
The Caribbean Basin Economic Recovery Act, referred to in par. (4)(N), is title II of
The Andean Trade Preference Act, referred to in par. (4)(O), is title II of
The African Growth and Opportunity Act, referred to in par. (4)(P), is title I of
The Customs Enforcement Act of 1986, referred to in par. (4)(Q), is subtitle B of title III of
The Customs and Trade Act of 1990, referred to in par. (4)(R), is
The Customs Procedural Reform and Simplification Act of 1978, referred to in par. (4)(S), is
The Trade Act of 2002, referred to in par. (4)(T), is
The Convention on Cultural Property Implementation Act, referred to in par. (4)(U), is title III of
Act of March 28, 1928, referred to in par. (4)(V), is act Mar. 28, 1928, ch. 266,
Act of August 7, 1939, referred to in par. (4)(W), is act Aug. 7, 1939, ch. 566,
The Bipartisan Congressional Trade Priorities and Accountability Act of 2015, referred to in par. (4)(X), is title I of
The Trade Preferences Extension Act of 2015, referred to in par. (4)(Y), is
Statutory Notes and Related Subsidiaries
Short Title
Executive Documents
Ex. Ord. No. 13785. Establishing Enhanced Collection and Enforcement of Antidumping and Countervailing Duties and Violations of Trade and Customs Laws
Ex. Ord. No. 13785, Mar. 31, 2017, 82 F.R. 16719, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to promote the efficient and effective administration of United States trade laws, it is hereby ordered as follows:
(a) the term "importer" has the meaning given in
(b) the term "covered importer" means any importer of articles subject to antidumping or countervailing duties for which one of the following is true: U.S. Customs and Border Protection (CBP) has no record of previous imports by the importer; CBP has a record of the importer's failure to fully pay antidumping or countervailing duties; or CBP has a record of the importer's failure to pay antidumping or countervailing duties in a timely manner.
(b) To ensure the timely and efficient enforcement of laws protecting Intellectual Property Rights (IPR) holders from the importation of counterfeit goods, the Secretary of the Treasury and the Secretary of Homeland Security shall take all appropriate steps, including rulemaking if necessary, to ensure that CBP can, consistent with law, share with rights holders:
(i) any information necessary to determine whether there has been an IPR infringement or violation; and
(ii) any information regarding merchandise voluntarily abandoned, as defined in section 127.12 of title 19, Code of Federal Regulations, before seizure, if the Commissioner of CBP reasonably believes that the successful importation of the merchandise would have violated United States trade laws.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Donald J. Trump.
Ex. Ord. No. 13796. Addressing Trade Agreement Violations and Abuses
Ex. Ord. No. 13796, Apr. 29, 2017, 82 F.R. 20819, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
(a) all bilateral, plurilateral, and multilateral trade agreements and investment agreements to which the United States is a party; and
(b) all trade relations with countries governed by the rules of the World Trade Organization (WTO) with which the United States does not have free trade agreements but with which the United States runs significant trade deficits in goods.
(i) those violations or abuses of any United States trade agreement, investment agreement, WTO rule governing any trade relation under the WTO, or trade preference program that are harming American workers or domestic manufacturers, farmers, or ranchers; harming our intellectual property rights; reducing our rate of innovation; or impairing domestic research and development;
(ii) unfair treatment by trade and investment partners that is harming American workers or domestic manufacturers, farmers, or ranchers; harming our intellectual property rights; reducing our rate of innovation; or impairing domestic research and development;
(iii) instances where a trade agreement, investment agreement, trade relation, or trade preference program has failed with regard to such factors as predicted new jobs created, favorable effects on the trade balance, expanded market access, lowered trade barriers, or increased United States exports; and
(iv) lawful and appropriate actions to remedy or correct deficiencies identified pursuant to subsections (a)(i) through (a)(iii) of this section.
(b) The findings of the performance reviews required by this order shall help guide United States trade policy and trade negotiations.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Donald J. Trump.
Ex. Ord. No. 13904. Ensuring Safe and Lawful E-Commerce for United States Consumers, Businesses, Government Supply Chains, and Intellectual Property Rights Holders
Ex. Ord. No. 13904, Jan. 31, 2020, 85 F.R. 6725, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
It is the policy of the United States Government to protect consumers, intellectual property rights holders, businesses, and workers from counterfeit goods, narcotics (including synthetic opioids such as fentanyl), and other contraband now being introduced into the United States as a result of the recent growth in e-commerce. The United States Government must also protect the revenue of the United States from individuals and entities who evade customs duties, taxes, and fees.
It is the policy of the United States Government that any person who knowingly, or with gross negligence, imports, or facilitates the importation of, merchandise into the United States in material violation of Federal law evidences conduct of so serious and compelling a nature that it should be referred to U.S. Customs and Border Protection (CBP) of the Department of Homeland Security for a determination whether such conduct affects that person's present responsibility to participate in transactions with the Federal Government.
It is the policy of the United States Government, as reflected in Executive Order 12549 of February 18, 1986 (Debarment and Suspension) [
It is the policy of the United States Government that express consignment operators, carriers, hub facilities, international posts, customs brokers, and other entities, including e-commerce platform operators, should not facilitate importation involving persons who are suspended or debarred by CBP.
It is the policy of the United States Government to ensure that parcels containing contraband be kept outside of the United States to the greatest extent possible and that all parties who participate in the introduction or attempted introduction of such parcels into the United States be held accountable under the laws of the United States.
(b) Such criteria shall include a criterion providing that any person debarred or suspended by CBP for lack of present responsibility for reasons related to importation or trade shall be ineligible to obtain an importer of record number for the duration of such person's suspension or debarment by CBP.
(b) The Secretary of Homeland Security, through the Commissioner of CBP, shall consider appropriate measures, consistent with applicable law, to ensure that express consignment operators, carriers, hub facilities, and licensed customs brokers cease to facilitate business activity that requires an importer of record number by any person who may not obtain an importer of record number, as provided by any criteria established by the Secretary under section 2 of this order. Depending on the criteria established, such consideration shall include whether CBP may take any of the following measures: limiting an express consignment operator's, carrier's, or hub facility's participation in any CBP trusted trader programs; taking appropriate action with regard to an express consignment operator's, carrier's, or hub facility's operating privileges; or suspending or revoking a customs broker's license.
(b) Within 90 days from the date of this order [Jan. 31, 2020], the Secretary of Homeland Security, through the Commissioner of CBP, and in consultation with USPS, shall submit to the President a report on any appropriate measures the Federal Government could take, including negotiating with international posts, to prevent the importation or attempted importation into the United States through the international postal network of shipments containing goods, when such importation or attempted importation is known to have been facilitated by any person who may not obtain an importer of record number under any criteria established by the Secretary under section 2 of this order.
(b) The Secretary of Homeland Security shall prioritize targeted inspection of imports into the United States from any international post that for two or more consecutive quarters is deemed a non-compliant international post.
(c) Consistent with applicable law, the Secretary of Homeland Security, through the Commissioner of CBP, in consultation with USPS, may require additional information for any shipment from any international post that for six or more consecutive quarters is deemed a non-compliant international post. The Secretary of Homeland Security, through the Commissioner of CBP, shall, to the extent consistent with applicable law and international agreements, implement all appropriate measures to prevent importation into the United States of any shipments dispatched from any international post that is deemed a non-compliant international post for six or more consecutive quarters and for which the additional information required consistent with this subsection is not promptly provided. USPS should collaborate with CBP in implementing these measures.
(d) The Secretary of Homeland Security, through the Commissioner of CBP, and in consultation with USPS, shall, to the maximum extent permitted by applicable law, take measures to protect the United States from shipments from any international post that for eight or more consecutive quarters is deemed a non-compliant international post. To the extent consistent with applicable law and as appropriate, such measures might include preventing the importation into the United States of shipments dispatched from such posts, regardless of whether additional information required by CBP is provided. Within 90 days of the date of this order, the Secretary of Homeland Security, through the Commissioner of CBP, and in consultation with USPS, shall submit a report to the President analyzing what measures CBP may take consistent with its existing authorities.
(e) Within 90 days of the date of this order, the Secretary of Homeland Security, through the Commissioner of CBP, shall publish and regularly update appropriate guidance related to CBP's implementation of this section, including the process by which an international post is deemed a non-compliant international post and the process by which an international post is removed from the list of non-compliant international posts.
(b) Within 60 days of the date of this order, the Attorney General shall assign appropriate resources to ensure that Federal prosecutors accord a high priority to prosecuting offenses related to import violations as described in this order, including, as appropriate and within existing appropriations, increasing the number of Department of Justice officials who will enforce criminal or civil laws, as appropriate, related to the importation of merchandise.
(a) analyzing whether the fees collected by CBP are currently set at a sufficient level to reimburse the Federal Government's costs associated with processing, inspecting, and collecting duties, taxes, and fees for parcels; and
(b) providing recommendations, consistent with applicable law, regarding any fee adjustments that are necessary to reimburse the Federal Government's costs associated with processing, inspecting, and collecting duties, taxes, and fees for parcels.
(a) "Customs broker" has the meaning given to that term in
(b) "Express consignment operator, carrier, or hub facility" has the meaning given to those terms in 19 CFR 128.1.
(c) "International post" means any foreign public or private entity providing various types of postal services, including mailing and delivery services.
(d) "Contraband" has the meaning given to that term in
(e) "E-commerce platform" means any web-based platform that includes features primarily designed for arranging the sale, purchase, payment, or shipping of goods, or that enables sellers not directly affiliated with an operator of a web-based platform to sell physical goods through the web to consumers located in the United States.
(f) "Person" means any individual, corporation, partnership, association, or legal entity, however organized.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Donald J. Trump.
1 See References in Text note below.
SUBCHAPTER I—TRADE FACILITATION AND TRADE ENFORCEMENT
§4311. Improving partnership programs
(a) In general
In order to advance the security, trade enforcement, and trade facilitation missions of U.S. Customs and Border Protection, the Commissioner shall ensure that partnership programs of U.S. Customs and Border Protection established before February 24, 2016, such as the Customs–Trade Partnership Against Terrorism established under subtitle B of title II of the Security and Accountability for Every Port Act of 2006 (
(b) Elements
In developing and operating partnership programs under subsection (a), the Commissioner shall—
(1) consult with private sector entities, the public, and other Federal agencies when appropriate, to ensure that participants in those programs receive commercially significant and measurable trade benefits, including providing preclearance of merchandise for qualified persons that demonstrate the highest levels of compliance with the customs and trade laws of the United States, regulations of U.S. Customs and Border Protection, and other requirements the Commissioner determines to be necessary;
(2) ensure an integrated and transparent system of trade benefits and compliance requirements for all partnership programs of U.S. Customs and Border Protection;
(3) consider consolidating partnership programs in situations in which doing so would support the objectives of such programs, increase participation in such programs, enhance the trade benefits provided to participants in such programs, and enhance the allocation of the resources of U.S. Customs and Border Protection;
(4) coordinate with the Director of U.S. Immigration and Customs Enforcement, and other Federal agencies with authority to detain and release merchandise entering the United States—
(A) to ensure coordination in the release of such merchandise through the Automated Commercial Environment, or its predecessor, and the International Trade Data System established under
(B) to ensure that the partnership programs of those agencies are compatible with the partnership programs of U.S. Customs and Border Protection;
(C) to develop criteria for authorizing the release, on an expedited basis, of merchandise for which documentation is required from one or more of those agencies to clear or license the merchandise for entry into the United States; and
(D) to create pathways, within and among the appropriate Federal agencies, for qualified persons that demonstrate the highest levels of compliance with the customs and trade laws of the United States to receive immediate clearance absent information that a transaction may pose a national security or compliance threat; and
(5) ensure that trade benefits are provided to participants in partnership programs.
(c) Report required
Not later than the date that is 180 days after February 24, 2016, and not later than December 31 of each calendar year thereafter, the Commissioner shall submit to the appropriate congressional committees a report that—
(1) identifies each partnership program referred to in subsection (a);
(2) for each such program, identifies—
(A) the requirements for participants in the program;
(B) the commercially significant and measurable trade benefits provided to participants in the program;
(C) the number of participants in the program; and
(D) in the case of a program that provides for participation at multiple tiers, the number of participants at each such tier;
(3) identifies the number of participants enrolled in more than one such partnership program;
(4) assesses the effectiveness of each such partnership program in advancing the security, trade enforcement, and trade facilitation missions of U.S. Customs and Border Protection, based on historical developments, the level of participation in the program, and the evolution of benefits provided to participants in the program;
(5) summarizes the efforts of U.S. Customs and Border Protection to work with other Federal agencies with authority to detain and release merchandise entering the United States to ensure that partnership programs of those agencies are compatible with partnership programs of U.S. Customs and Border Protection;
(6) summarizes criteria developed with those agencies for authorizing the release, on an expedited basis, of merchandise for which documentation is required from one or more of those agencies to clear or license the merchandise for entry into the United States;
(7) summarizes the efforts of U.S. Customs and Border Protection to work with private sector entities and the public to develop and improve such partnership programs;
(8) describes measures taken by U.S. Customs and Border Protection to make private sector entities aware of the trade benefits available to participants in such partnership programs; and
(9) summarizes the plans, targets, and goals of U.S. Customs and Border Protection with respect to such partnership programs for the 2 years following the submission of the report.
(
Editorial Notes
References in Text
The Security and Accountability for Every Port Act of 2006, referred to in subsec. (a), is
§4312. Priorities and performance standards for customs modernization, trade facilitation, and trade enforcement functions and programs
(a) Priorities and performance standards
(1) In general
The Commissioner, in consultation with the appropriate congressional committees, shall establish priorities and performance standards to measure the development and levels of achievement of the customs modernization, trade facilitation, and trade enforcement functions and programs described in subsection (b).
(2) Minimum priorities and standards
Such priorities and performance standards shall, at a minimum, include priorities and standards relating to efficiency, outcome, output, and other types of applicable measures.
(b) Functions and programs described
The functions and programs referred to in subsection (a) are the following:
(1) The Automated Commercial Environment.
(2) Each of the priority trade issues described in
(3) The Centers of Excellence and Expertise described in
(4) Drawback for exported merchandise under section 313 of the Tariff Act of 1930 (
(5) Transactions relating to imported merchandise in bond.
(6) Collection of countervailing duties assessed under subtitle A of title VII of the Tariff Act of 1930 (
(7) The expedited clearance of cargo.
(8) The issuance of regulations and rulings.
(9) The issuance of Regulatory Audit Reports.
(c) Consultations and notification
(1) Consultations
The consultations required by subsection (a)(1) shall occur, at a minimum, on an annual basis.
(2) Notification
The Commissioner shall notify the appropriate congressional committees of any changes to the priorities or performance standards referred to in subsection (a) not later than 30 days before such changes are to take effect.
(
Editorial Notes
References in Text
The Tariff Act of 1930, referred to in subsec. (b)(4), (6), is act June 17, 1930, ch. 497,
§4313. Educational seminars to improve efforts to classify and appraise imported articles, to improve trade enforcement efforts, and to otherwise facilitate legitimate international trade
(a) Establishment
The Commissioner and the Director shall establish and carry out on a fiscal year basis educational seminars to—
(1) improve the ability of personnel of U.S. Customs and Border Protection to classify and appraise articles imported into the United States in accordance with the customs and trade laws of the United States;
(2) improve the trade enforcement efforts of personnel of U.S. Customs and Border Protection and personnel of U.S. Immigration and Customs Enforcement; and
(3) otherwise improve the ability and effectiveness of personnel of U.S. Customs and Border Protection and personnel of U.S. Immigration and Customs Enforcement to facilitate legitimate international trade.
(b) Content
(1) Classifying and appraising imported articles
In carrying out subsection (a)(1), the Commissioner, the Director, and interested parties in the private sector selected under subsection (c) shall provide instruction and related instructional materials at each educational seminar carried out under this section to personnel of U.S. Customs and Border Protection and, as appropriate, to personnel of U.S. Immigration and Customs Enforcement on the following:
(A) Conducting a physical inspection of an article imported into the United States, including testing of samples of the article, to determine if the article is mislabeled in the manifest or other accompanying documentation.
(B) Reviewing the manifest and other accompanying documentation of an article imported into the United States to determine if the country of origin of the article listed in the manifest or other accompanying documentation is accurate.
(C) Customs valuation.
(D) Industry supply chains and other related matters as determined to be appropriate by the Commissioner.
(2) Trade enforcement efforts
In carrying out subsection (a)(2), the Commissioner, the Director, and interested parties in the private sector selected under subsection (c) shall provide instruction and related instructional materials at each educational seminar carried out under this section to personnel of U.S. Customs and Border Protection and, as appropriate, to personnel of U.S. Immigration and Customs Enforcement to identify opportunities to enhance enforcement of the following:
(A) Collection of countervailing duties assessed under subtitle A of title VII of the Tariff Act of 1930 (
(B) Addressing evasion of duties on imports of textiles.
(C) Protection of intellectual property rights.
(D) Enforcement of child labor laws.
(3) Approval of Commissioner and Director
The instruction and related instructional materials at each educational seminar carried out under this section shall be subject to the approval of the Commissioner and the Director.
(c) Selection process
(1) In general
The Commissioner shall establish a process to solicit, evaluate, and select interested parties in the private sector for purposes of assisting in providing instruction and related instructional materials described in subsection (b) at each educational seminar carried out under this section.
(2) Criteria
The Commissioner shall evaluate and select interested parties in the private sector under the process established under paragraph (1) based on—
(A) availability and usefulness;
(B) the volume, value, and incidence of mislabeling or misidentification of origin of imported articles; and
(C) other appropriate criteria established by the Commissioner.
(3) Public availability
The Commissioner and the Director shall publish in the Federal Register a detailed description of the process established under paragraph (1) and the criteria established under paragraph (2).
(d) Special rule for antidumping and countervailing duty orders
(1) In general
The Commissioner shall give due consideration to carrying out an educational seminar under this section in whole or in part to improve the ability of personnel of U.S. Customs and Border Protection to enforce a countervailing or antidumping duty order issued under section 706 or 736 of the Tariff Act of 1930 (
(2) Interested party
A petitioner described in paragraph (1) shall be treated as an interested party in the private sector for purposes of the requirements of this section.
(e) Performance standards
The Commissioner and the Director shall establish performance standards to measure the development and level of achievement of educational seminars carried out under this section.
(f) Reporting
Not later than September 30, 2016, and annually thereafter, the Commissioner and the Director shall submit to the appropriate congressional committees a report on the effectiveness of educational seminars carried out under this section.
(g) Definitions
In this section:
(1) Director
The term "Director" means the Director of U.S. Immigration and Customs Enforcement.
(2) United States
The term "United States" means the customs territory of the United States, as defined in General Note 2 to the Harmonized Tariff Schedule of the United States.
(3) U.S. Customs and Border Protection personnel
The term "U.S. Customs and Border Protection personnel" means import specialists, auditors, and other appropriate employees of the U.S. Customs and Border Protection.
(4) U.S. Immigration and Customs Enforcement personnel
The term "U.S. Immigration and Customs Enforcement personnel" means Homeland Security Investigations Directorate personnel and other appropriate employees of U.S. Immigration and Customs Enforcement.
(
Editorial Notes
References in Text
The Tariff Act of 1930, referred to in subsec. (b)(2)(A), is act June 17, 1930, ch. 497,
The Harmonized Tariff Schedule of the United States, referred to in subsec. (g)(2), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under
§4314. Joint strategic plan
(a) In general
Not later than one year after February 24, 2016, and every 2 years thereafter, the Commissioner and the Director of U.S. Immigration and Customs Enforcement shall jointly develop and submit to the appropriate congressional committees a joint strategic plan.
(b) Contents
The joint strategic plan required under this section shall be comprised of a comprehensive multiyear plan for trade enforcement and trade facilitation, and shall include—
(1) a summary of actions taken during the 2-year period preceding the submission of the plan to improve trade enforcement and trade facilitation, including a description and analysis of specific performance measures to evaluate the progress of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement in meeting each such responsibility;
(2) a statement of objectives and plans for further improving trade enforcement and trade facilitation;
(3) a specific identification of the priority trade issues described in
(A) a description of the targeting methodologies used for enforcement activities with respect to each such issue;
(B) recommendations for improving such enforcement activities; and
(C) a description of the implementation of previous recommendations for improving such enforcement activities;
(4) a description of efforts made to improve consultation and coordination among and within Federal agencies, and in particular between U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, regarding trade enforcement and trade facilitation;
(5) a description of the training that has occurred to date within U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement to improve trade enforcement and trade facilitation, including training at educational seminars carried out under
(6) a description of efforts to work with the World Customs Organization and other international organizations, in consultation with other Federal agencies as appropriate, with respect to enhancing trade enforcement and trade facilitation;
(7) a description of U.S. Custom 1 and Border Protection organizational benchmarks for optimizing staffing and wait times at ports of entry;
(8) a specific identification of any domestic or international best practices that may further improve trade enforcement and trade facilitation;
(9) any legislative recommendations to further improve trade enforcement and trade facilitation; and
(10) a description of efforts made to improve consultation and coordination with the private sector to enhance trade enforcement and trade facilitation.
(c) Consultations
(1) In general
In developing the joint strategic plan required under this section, the Commissioner and the Director of U.S. Immigration and Customs Enforcement shall consult with—
(A) appropriate officials from relevant Federal agencies, including—
(i) the Department of the Treasury;
(ii) the Department of Agriculture;
(iii) the Department of Commerce;
(iv) the Department of Justice;
(v) the Department of the Interior;
(vi) the Department of Health and Human Services;
(vii) the Food and Drug Administration;
(viii) the Consumer Product Safety Commission; and
(ix) the Office of the United States Trade Representative; and
(B) the Commercial Customs Operations Advisory Committee established by
(2) Other consultations
In developing the joint strategic plan required under this section, the Commissioner and the Director shall seek to consult with—
(A) appropriate officials from relevant foreign law enforcement agencies and international organizations, including the World Customs Organization; and
(B) interested parties in the private sector.
(d) Form of plan
The joint strategic plan required under this section shall be submitted in unclassified form, but may include a classified annex.
(
1 So in original. Probably should be "Customs".
§4315. Consultations with respect to mutual recognition arrangements
(a) Consultations
The Secretary of Homeland Security, with respect to any proposed mutual recognition arrangement or similar agreement between the United States and a foreign government providing for mutual recognition of supply chain security programs and customs revenue functions, shall consult with the appropriate congressional committees—
(1) not later than 30 days before initiating negotiations to enter into any such arrangement or similar agreement; and
(2) not later than 30 days before entering into any such arrangement or similar agreement.
(b) Negotiating objective
It shall be a negotiating objective of the United States in any negotiation for a mutual recognition arrangement or similar agreement with a foreign country on partnership programs, such as the Customs–Trade Partnership Against Terrorism established under subtitle B of title II of the Security and Accountability for Every Port Act of 2006 (
(
Editorial Notes
References in Text
The Security and Accountability for Every Port Act of 2006, referred to in subsec. (b), is
§4316. Commercial Customs Operations Advisory Committee
(a) Establishment
Not later than the date that is 60 days after February 24, 2016, the Secretary of the Treasury and the Secretary of Homeland Security shall jointly establish a Commercial Customs Operations Advisory Committee (in this section referred to as the "Advisory Committee").
(b) Membership
(1) In general
The Advisory Committee shall be comprised of—
(A) 20 individuals appointed under paragraph (2);
(B) the Assistant Secretary for Tax Policy of the Department of the Treasury and the Commissioner, who shall jointly co-chair meetings of the Advisory Committee; and
(C) the Assistant Secretary for Policy and the Director of U.S. Immigration and Customs Enforcement, who shall serve as deputy co-chairs of meetings of the Advisory Committee.
(2) Appointment
(A) In general
The Secretary of the Treasury and the Secretary of Homeland Security shall jointly appoint 20 individuals from the private sector to the Advisory Committee.
(B) Requirements
In making appointments under subparagraph (A), the Secretary of the Treasury and the Secretary of Homeland Security shall appoint members—
(i) to ensure that the membership of the Advisory Committee is representative of the individuals and firms affected by the commercial operations of U.S. Customs and Border Protection; and
(ii) without regard to political affiliation.
(C) Terms
Each individual appointed to the Advisory Committee under this paragraph shall be appointed for a term of not more than 3 years, and may be reappointed to subsequent terms, but may not serve more than 2 terms sequentially.
(3) Transfer of membership
The Secretary of the Treasury and the Secretary of Homeland Security may transfer members serving on the Advisory Committee on Commercial Operations of the United States Customs Service established under section 9503(c) of the Omnibus Budget Reconciliation Act of 1987 (
(c) Duties
The Advisory Committee established under subsection (a) shall—
(1) advise the Secretary of the Treasury and the Secretary of Homeland Security on all matters involving the commercial operations of U.S. Customs and Border Protection, including advising with respect to significant changes that are proposed with respect to regulations, policies, or practices of U.S. Customs and Border Protection;
(2) provide recommendations to the Secretary of the Treasury and the Secretary of Homeland Security on improvements to the commercial operations of U.S. Customs and Border Protection;
(3) collaborate in developing the agenda for Advisory Committee meetings; and
(4) perform such other functions relating to the commercial operations of U.S. Customs and Border Protection as prescribed by law or as the Secretary of the Treasury and the Secretary of Homeland Security jointly direct.
(d) Meetings
Notwithstanding
(e) Annual report
Not later than December 31, 2016, and annually thereafter, the Advisory Committee shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report that—
(1) describes the activities of the Advisory Committee during the preceding fiscal year; and
(2) sets forth any recommendations of the Advisory Committee regarding the commercial operations of U.S. Customs and Border Protection.
(f) Termination
(g) Conforming amendment
(1) Omitted
(2) Reference
Any reference in law to the Advisory Committee on Commercial Operations of the United States Customs Service established under section 9503(c) of the Omnibus Budget Reconciliation Act of 1987 (
(
Editorial Notes
References in Text
Section 9503(c) of the Omnibus Budget Reconciliation Act of 1987, referred to in subsecs. (b)(3) and (g)(2), is section 9503(c) of title IX of
Codification
Section is comprised of section 109 of
Amendments
2022—Subsec. (d).
Subsec. (f).
1 See References in Text note below.
§4317. Centers of Excellence and Expertise
(a) In general
The Commissioner shall, in consultation with the appropriate congressional committees and the Commercial Customs Operations Advisory Committee established under
(1) enhance the economic competitiveness of the United States by consistently enforcing the laws and regulations of the United States at all ports of entry of the United States and by facilitating the flow of legitimate trade through increasing industry-based knowledge;
(2) improve enforcement efforts, including enforcement of priority trade issues described in
(3) build upon the expertise of U.S. Customs and Border Protection in particular industry operations, supply chains, and compliance requirements;
(4) promote the uniform implementation at each port of entry of the United States of policies and regulations relating to imports;
(5) centralize the trade enforcement and trade facilitation efforts of U.S. Customs and Border Protection;
(6) formalize an account-based approach to apply, as the Commissioner determines appropriate, to the importation of merchandise into the United States;
(7) foster partnerships though the expansion of trade programs and other trusted partner programs;
(8) develop applicable performance measurements to meet internal efficiency and effectiveness goals; and
(9) whenever feasible, facilitate a more efficient flow of information between Federal agencies.
(b) Report
Not later than December 31, 2016, the Commissioner shall submit to the appropriate congressional committees a report describing—
(1) the scope, functions, and structure of each Center of Excellence and Expertise developed and implemented under subsection (a);
(2) the effectiveness of each such Center of Excellence and Expertise in improving enforcement efforts, including enforcement of priority trade issues described in
(3) the quantitative and qualitative benefits of each such Center of Excellence and Expertise to the trade community, including through fostering partnerships through the expansion of trade programs such as the Importer Self Assessment program and other trusted partner programs;
(4) all applicable performance measurements with respect to each such Center of Excellence and Expertise, including performance measures with respect to meeting internal efficiency and effectiveness goals;
(5) the performance of each such Center of Excellence and Expertise in increasing the accuracy and completeness of data with respect to international trade and facilitating a more efficient flow of information between Federal agencies; and
(6) any planned changes in the number, scope, functions, or any other aspect of the Centers of Excellence and Expertise developed and implemented under subsection (a).
(
§4318. Commercial risk assessment targeting and trade alerts
(a) Commercial risk assessment targeting
In carrying out its duties under
(1) establish targeted risk assessment methodologies and standards—
(A) for evaluating the risk that cargo destined for the United States may violate the customs and trade laws of the United States, particularly those laws applicable to merchandise subject to the priority trade issues described in
(B) for issuing, as appropriate, Trade Alerts described in subsection (b);
(2) to the extent practicable and otherwise authorized by law, use, to administer the methodologies and standards established under paragraph (1)—
(A) publicly available information;
(B) information available from the Automated Commercial System, the Automated Commercial Environment, the Automated Targeting System, the Automated Export System, the International Trade Data System established under
(C) information made available to the National Targeting Center, including information provided by private sector entities;
(3) provide for the receipt and transmission to the appropriate U.S. Customs and Border Protection offices of allegations from interested parties in the private sector of violations of customs and trade laws of the United States with respect to merchandise relating to the priority trade issues described in
(4) notify, on a timely basis, each interested party in the private sector that has submitted an allegation of any violation of the customs and trade laws of the United States of any civil or criminal actions taken by U.S. Customs and Border Protection or any other Federal agency resulting from the allegation.
(b) Trade Alerts
(1) Issuance
In carrying out its duties under
(2) Determinations not to implement Trade Alerts
The director of a United States port of entry may determine not to conduct further inspections, or physical examination or testing, pursuant to a Trade Alert issued under paragraph (1) if the director—
(A) finds that such a determination is justified by port security interests; and
(B) not later than 48 hours after making the determination, notifies the Assistant Commissioner of the Office of Field Operations of U.S. Customs and Border Protection of the determination and the reasons for the determination.
(3) Summary of determinations not to implement
The Assistant Commissioner of the Office of Field Operations of U.S. Customs and Border Protection shall—
(A) compile an annual summary of all determinations by directors of United States ports of entry under paragraph (2) and the reasons for those determinations;
(B) conduct an evaluation of the utilization of Trade Alerts issued under paragraph (1); and
(C) not later than December 31 of each calendar year, submit the summary to the appropriate congressional committees.
(4) Inspection defined
In this subsection, the term "inspection" means the comprehensive evaluation process used by U.S. Customs and Border Protection, other than physical examination or testing, to permit the entry of merchandise into the United States, or the clearance of merchandise for transportation in bond through the United States, for purposes of—
(A) assessing duties;
(B) identifying restricted or prohibited items; and
(C) ensuring compliance with all applicable customs and trade laws of the United States and regulations administered by U.S. Customs and Border Protection.
(
Editorial Notes
Codification
Section is comprised of section 111 of
§4319. Report on oversight of revenue protection and enforcement measures
(a) In general
Not later than June 30, 2016, and not later than March 31 of each second year thereafter, the Inspector General of the Department of the Treasury shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report assessing, with respect to the period covered by the report, as specified in subsection (b), the following:
(1) The effectiveness of the measures taken by U.S. Customs and Border Protection with respect to protection of revenue, including—
(A) the collection of countervailing duties assessed under subtitle A of title VII of the Tariff Act of 1930 (
(B) the assessment, collection, and mitigation of commercial fines and penalties;
(C) the use of bonds, including continuous and single transaction bonds, to secure that revenue; and
(D) the adequacy of the policies of U.S. Customs and Border Protection with respect to the monitoring and tracking of merchandise transported in bond and collecting duties, as appropriate.
(2) The effectiveness of actions taken by U.S. Customs and Border Protection to measure accountability and performance with respect to protection of revenue.
(3) The number and outcome of investigations instituted by U.S. Customs and Border Protection with respect to the underpayment of duties.
(4) The effectiveness of training with respect to the collection of duties provided for personnel of U.S. Customs and Border Protection.
(b) Period covered by report
Each report required by subsection (a) shall cover the period of 2 fiscal years ending on September 30 of the calendar year preceding the submission of the report.
(
Editorial Notes
References in Text
The Tariff Act of 1930, referred to in subsec. (a)(1)(A), is act June 17, 1930, ch. 497,
§4320. Importer of record program
(a) Establishment
Not later than the date that is 180 days after February 24, 2016, the Secretary of Homeland Security shall establish an importer of record program to assign and maintain importer of record numbers.
(b) Requirements
The Secretary shall ensure that, as part of the importer of record program, U.S. Customs and Border Protection—
(1) develops criteria that importers must meet in order to obtain an importer of record number, including—
(A) criteria to ensure sufficient information is collected to allow U.S. Customs and Border Protection to verify the existence of the importer requesting the importer of record number;
(B) criteria to ensure sufficient information is collected to allow U.S. Customs and Border Protection to identify linkages or other affiliations between importers that are requesting or have been assigned importer of record numbers; and
(C) criteria to ensure sufficient information is collected to allow U.S. Customs and Border Protection to identify changes in address and corporate structure of importers;
(2) provides a process by which importers are assigned importer of record numbers;
(3) maintains a centralized database of importer of record numbers, including a history of importer of record numbers associated with each importer, and the information described in subparagraphs (A), (B), and (C) of paragraph (1);
(4) evaluates and maintains the accuracy of the database if such information changes; and
(5) takes measures to ensure that duplicate importer of record numbers are not issued.
(c) Report
Not later than one year after February 24, 2016, the Secretary shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on the importer of record program established under subsection (a).
(d) Number defined
In this section, the term "number", with respect to an importer of record, means a filing identification number described in section 24.5 of title 19, Code of Federal Regulations (or any corresponding similar regulation) that fully supports the requirements of subsection (b) with respect to the collection and maintenance of information.
(
§4321. Establishment of importer risk assessment program
(a) In general
Not later than the date that is 180 days after February 24, 2016, the Commissioner shall establish a program that directs U.S. Customs and Border Protection to adjust bond amounts for importers, including new importers and nonresident importers, based on risk assessments of such importers conducted by U.S. Customs and Border Protection, in order to protect the revenue of the Federal Government.
(b) Requirements
The Commissioner shall ensure that, as part of the program established under subsection (a), U.S. Customs and Border Protection—
(1) develops risk assessment guidelines for importers, including new importers and nonresident importers, to determine if and to what extent—
(A) to adjust bond amounts of imported products of such importers; and
(B) to increase screening of imported products of such importers;
(2) develops procedures to ensure increased oversight of imported products of new importers, including nonresident importers, relating to the enforcement of the priority trade issues described in
(3) develops procedures to ensure increased oversight of imported products of new importers, including new nonresident importers, by Centers of Excellence and Expertise established under
(4) establishes a centralized database of new importers, including new nonresident importers, to ensure accuracy of information that is required to be provided by such importers to U.S. Customs and Border Protection.
(c) Exclusion of certain importers
This section shall not apply to an importer that is a validated Tier 2 or Tier 3 participant in the Customs–Trade Partnership Against Terrorism program established under subtitle B of title II of the Security and Accountability for Every Port Act of 2006 (
(d) Report
Not later than the date that is 2 years after February 24, 2016, the Inspector General of the Department of the Treasury shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report detailing—
(1) the risk assessment guidelines developed under subsection (b)(1);
(2) the procedures developed under subsection (b)(2) to ensure increased oversight of imported products of new importers, including new nonresident importers, relating to the enforcement of priority trade issues described in
(3) the procedures developed under subsection (b)(3) to ensure increased oversight of imported products of new importers, including new nonresident importers, by Centers of Excellence and Expertise established under
(4) the number of bonds adjusted based on the risk assessment guidelines developed under subsection (b)(1).
(e) Definitions
In this section:
(1) Importer
The term "importer" means one of the parties qualifying as an importer of record under
(2) Nonresident importer
The term "nonresident importer" means an importer who is—
(A) an individual who is not a citizen of the United States or an alien lawfully admitted for permanent residence in the United States; or
(B) a partnership, corporation, or other commercial entity that is not organized under the laws of a jurisdiction within the customs territory of the United States (as such term is defined in General Note 2 of the Harmonized Tariff Schedule of the United States) or in the Virgin Islands of the United States.
(
Editorial Notes
References in Text
The Security and Accountability for Every Port Act of 2006, referred to in subsec. (c), is
The Harmonized Tariff Schedule of the United States, referred to in subsec. (e)(2)(B), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under
§4322. Priority trade issues
(a) In general
The Commissioner shall establish the following as priority trade issues:
(1) Agriculture programs.
(2) Antidumping and countervailing duties.
(3) Import safety.
(4) Intellectual property rights.
(5) Revenue.
(6) Textiles and wearing apparel.
(7) Trade agreements and preference programs.
(b) Modification
The Commissioner is authorized to establish new priority trade issues and eliminate, consolidate, or otherwise modify the priority trade issues described in subsection (a) if the Commissioner—
(1) determines it necessary and appropriate to do so; and
(2)(A) in the case of new priority trade issues, submits to the appropriate congressional committees a summary of proposals to establish such new priority trade issues not later than 30 days after such new priority trade issues are to take effect; and
(B) in the case of existing priority trade issues, submits to the appropriate congressional committees a summary of proposals to eliminate, consolidate, or otherwise modify such existing priority trade issues not later than 60 days before such changes are to take effect.
(
§4323. Appropriate congressional committees defined
In this subchapter, the term "appropriate congressional committees" means—
(1) the Committee on Finance and the Committee on Homeland Security and Governmental Affairs of the Senate; and
(2) the Committee on Ways and Means and the Committee on Homeland Security of the House of Representatives.
(
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this title", meaning title I of
SUBCHAPTER II—IMPORT HEALTH AND SAFETY
§4331. Interagency Import Safety Working Group
(a) Establishment
There is established an interagency Import Safety Working Group.
(b) Membership
The interagency Import Safety Working Group shall consist of the following officials or their designees:
(1) The Secretary of Homeland Security, who shall serve as the Chair.
(2) The Secretary of Health and Human Services, who shall serve as the Vice Chair.
(3) The Secretary of the Treasury.
(4) The Secretary of Commerce.
(5) The Secretary of Agriculture.
(6) The United States Trade Representative.
(7) The Director of the Office of Management and Budget.
(8) The Commissioner of Food and Drugs.
(9) The Commissioner of U.S. Customs and Border Protection.
(10) The Chairman of the Consumer Product Safety Commission.
(11) The Director of U.S. Immigration and Customs Enforcement.
(12) The head of any other Federal agency designated by the President to participate in the interagency Import Safety Working Group, as appropriate.
(c) Duties
The duties of the interagency Import Safety Working Group shall include—
(1) consulting on the development of the joint import safety rapid response plan required by
(2) periodically evaluating the adequacy of the plans, practices, and resources of the Federal Government dedicated to ensuring the safety of merchandise imported into the United States and the expeditious entry of such merchandise, including—
(A) minimizing the duplication of efforts among Federal agencies the heads of which are members of the interagency Import Safety Working Group and ensuring the compatibility of the policies and regulations of those agencies; and
(B) recommending additional administrative actions, as appropriate, designed to ensure the safety of merchandise imported into the United States and the expeditious entry of such merchandise and considering the impact of those actions on private sector entities;
(3) reviewing the engagement and cooperation of foreign governments and foreign manufacturers in facilitating the inspection and certification, as appropriate, of such merchandise to be imported into the United States and the facilities producing such merchandise to ensure the safety of the merchandise and the expeditious entry of the merchandise into the United States;
(4) identifying best practices, in consultation with private sector entities as appropriate, to assist United States importers in taking all appropriate steps to ensure the safety of merchandise imported into the United States, including with respect to—
(A) the inspection of manufacturing facilities in foreign countries;
(B) the inspection of merchandise destined for the United States before exportation from a foreign country or before distribution in the United States; and
(C) the protection of the international supply chain (as defined in
(5) identifying best practices to assist Federal, State, and local governments and agencies, and port authorities, to improve communication and coordination among such agencies and authorities with respect to ensuring the safety of merchandise imported into the United States and the expeditious entry of such merchandise; and
(6) otherwise identifying appropriate steps to increase the accountability of United States importers and the engagement of foreign government agencies with respect to ensuring the safety of merchandise imported into the United States and the expeditious entry of such merchandise.
(
§4332. Joint import safety rapid response plan
(a) In general
Not later than December 31, 2016, the Secretary of Homeland Security, in consultation with the interagency Import Safety Working Group established under
(1) in taking action in response to, and coordinating Federal responses to, an incident in which cargo destined for or merchandise entering the United States has been identified as posing a threat to the health or safety of consumers in the United States; and
(2) in recovering from or mitigating the effects of actions and responses to an incident described in paragraph (1).
(b) Contents
The joint import safety rapid response plan shall address—
(1) the statutory and regulatory authorities and responsibilities of U.S. Customs and Border Protection and other Federal agencies in responding to an incident described in subsection (a)(1);
(2) the protocols and practices to be used by U.S. Customs and Border Protection when taking action in response to, and coordinating Federal responses to, such an incident;
(3) the measures to be taken by U.S. Customs and Border Protection and other Federal agencies in recovering from or mitigating the effects of actions taken in response to such an incident after the incident to ensure the resumption of the entry of merchandise into the United States; and
(4) exercises that U.S. Customs and Border Protection may conduct in conjunction with Federal, State, and local agencies, and private sector entities, to simulate responses to such an incident.
(c) Updates of plan
The Secretary of Homeland Security shall review and update the joint import safety rapid response plan, as appropriate, after conducting exercises under subsection (d).
(d) Import health and safety exercises
(1) In general
The Secretary of Homeland Security and the Commissioner shall periodically engage in the exercises referred to in subsection (b)(4), in conjunction with Federal, State, and local agencies and private sector entities, as appropriate, to test and evaluate the protocols and practices identified in the joint import safety rapid response plan at United States ports of entry.
(2) Requirements for exercises
In conducting exercises under paragraph (1), the Secretary and the Commissioner shall—
(A) make allowance for the resources, needs, and constraints of United States ports of entry of different sizes in representative geographic locations across the United States;
(B) base evaluations on current risk assessments of merchandise entering the United States at representative United States ports of entry located across the United States;
(C) ensure that such exercises are conducted in a manner consistent with the National Incident Management System, the National Response Plan, the National Infrastructure Protection Plan, the National Preparedness Guidelines, the Maritime Transportation System Security Plan, and other such national initiatives of the Department of Homeland Security, as appropriate; and
(D) develop metrics with respect to the resumption of the entry of merchandise into the United States after an incident described in subsection (a)(1).
(3) Requirements for testing and evaluation
The Secretary and the Commissioner shall ensure that the testing and evaluation carried out in conducting exercises under paragraph (1)—
(A) are performed using clear and objective performance measures; and
(B) result in the identification of specific recommendations or best practices for responding to an incident described in subsection (a)(1).
(4) Dissemination of recommendations and best practices
The Secretary and the Commissioner shall—
(A) share the recommendations or best practices identified under paragraph (3)(B) among the members of the interagency Import Safety Working Group established under
(i) State, local, and tribal governments;
(ii) foreign governments; and
(iii) private sector entities; and
(B) use such recommendations and best practices to update the joint import safety rapid response plan.
(
§4333. Training
The Commissioner shall ensure that personnel of U.S. Customs and Border Protection assigned to United States ports of entry are trained to effectively administer the provisions of this subchapter and to otherwise assist in ensuring the safety of merchandise imported into the United States and the expeditious entry of such merchandise.
(
SUBCHAPTER III—IMPORT-RELATED PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
§4341. Definition of intellectual property rights
In this subchapter, the term "intellectual property rights" refers to copyrights, trademarks, and other forms of intellectual property rights that are enforced by U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement.
(
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this title", meaning title III of
§4342. Notification of persons injured by circumvention devices
(1) In general
Not later than the date that is 30 business days after seizing merchandise pursuant to subparagraph (G) of
(2) Persons to be provided information
Any person injured by the violation of subsection (a)(2) or (b)(1) of
(3) Regulations
Not later than the date that is one year after February 24, 2016, the Secretary of the Treasury shall prescribe regulations establishing procedures that implement this section.
(
§4343. Enforcement by U.S. Customs and Border Protection of works for which copyright registration is pending
Not later than the date that is 180 days after February 24, 2016, the Secretary of Homeland Security shall authorize a process pursuant to which the Commissioner shall enforce a copyright for which the owner has submitted an application for registration under title 17 with the United States Copyright Office, to the same extent and in the same manner as if the copyright were registered with the Copyright Office, including by sharing information, images, and samples of merchandise suspected of infringing the copyright under
(
§4344. National Intellectual Property Rights Coordination Center
(a) Establishment
The Secretary of Homeland Security shall—
(1) establish within U.S. Immigration and Customs Enforcement a National Intellectual Property Rights Coordination Center; and
(2) appoint an Assistant Director to head the National Intellectual Property Rights Coordination Center.
(b) Duties
The Assistant Director of the National Intellectual Property Rights Coordination Center shall—
(1) coordinate the investigation of sources of merchandise that infringe intellectual property rights to identify organizations and individuals that produce, smuggle, or distribute such merchandise;
(2) conduct and coordinate training with other domestic and international law enforcement agencies on investigative best practices—
(A) to develop and expand the capability of such agencies to enforce intellectual property rights; and
(B) to develop metrics to assess whether the training improved enforcement of intellectual property rights;
(3) coordinate, with U.S. Customs and Border Protection, activities conducted by the United States to prevent the importation or exportation of merchandise that infringes intellectual property rights;
(4) support the international interdiction of merchandise destined for the United States that infringes intellectual property rights;
(5) collect and integrate information regarding infringement of intellectual property rights from domestic and international law enforcement agencies and other non-Federal sources;
(6) develop a means to receive and organize information regarding infringement of intellectual property rights from such agencies and other sources;
(7) disseminate information regarding infringement of intellectual property rights to other Federal agencies, as appropriate;
(8) develop and implement risk-based alert systems, in coordination with U.S. Customs and Border Protection, to improve the targeting of persons that repeatedly infringe intellectual property rights;
(9) coordinate with the offices of United States attorneys in order to develop expertise in, and assist with the investigation and prosecution of, crimes relating to the infringement of intellectual property rights; and
(10) carry out such other duties as the Secretary of Homeland Security may assign.
(c) Coordination with other agencies
In carrying out the duties described in subsection (b), the Assistant Director of the National Intellectual Property Rights Coordination Center shall coordinate with—
(1) U.S. Customs and Border Protection;
(2) the Food and Drug Administration;
(3) the Department of Justice;
(4) the Department of Commerce, including the United States Patent and Trademark Office;
(5) the United States Postal Inspection Service;
(6) the Office of the United States Trade Representative;
(7) any Federal, State, local, or international law enforcement agencies that the Director of U.S. Immigration and Customs Enforcement considers appropriate; and
(8) any other entities that the Director considers appropriate.
(d) Private sector outreach
(1) In general
The Assistant Director of the National Intellectual Property Rights Coordination Center shall work with U.S. Customs and Border Protection and other Federal agencies to conduct outreach to private sector entities in order to determine trends in and methods of infringing intellectual property rights.
(2) Information sharing
The Assistant Director shall share information and best practices with respect to the enforcement of intellectual property rights with private sector entities, as appropriate, in order to coordinate public and private sector efforts to combat the infringement of intellectual property rights.
(
§4345. Joint strategic plan for the enforcement of intellectual property rights
The Commissioner and the Director of U.S. Immigration and Customs Enforcement shall include in the joint strategic plan required by
(1) a description of the efforts of the Department of Homeland Security to enforce intellectual property rights;
(2) a list of the 10 United States ports of entry at which U.S. Customs and Border Protection has seized the most merchandise, both by volume and by value, that infringes intellectual property rights during the most recent 2-year period for which data are available; and
(3) a recommendation for the optimal allocation of personnel, resources, and technology to ensure that U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement are adequately enforcing intellectual property rights.
(
§4346. Personnel dedicated to the enforcement of intellectual property rights
(a) Personnel of U.S. Customs and Border Protection
The Commissioner and the Director of U.S. Immigration and Customs Enforcement shall ensure that sufficient personnel are assigned throughout U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, respectively, who have responsibility for preventing the importation into the United States of merchandise that infringes intellectual property rights.
(b) Staffing of National Intellectual Property Rights Coordination Center
The Commissioner shall—
(1) assign not fewer than 3 full-time employees of U.S. Customs and Border Protection to the National Intellectual Property Rights Coordination Center established under
(2) ensure that sufficient personnel are assigned to United States ports of entry to carry out the directives of the Center.
(
§4347. Training with respect to the enforcement of intellectual property rights
(a) Training
The Commissioner shall ensure that officers of U.S. Customs and Border Protection are trained to effectively detect and identify merchandise destined for the United States that infringes intellectual property rights, including through the use of technologies identified under subsection (c).
(b) Consultation with private sector
The Commissioner shall consult with private sector entities to better identify opportunities for collaboration between U.S. Customs and Border Protection and such entities with respect to training for officers of U.S. Customs and Border Protection in enforcing intellectual property rights.
(c) Identification of new technologies
In consultation with private sector entities, the Commissioner shall identify—
(1) technologies with the cost-effective capability to detect and identify merchandise at United States ports of entry that infringes intellectual property rights; and
(2) cost-effective programs for training officers of U.S. Customs and Border Protection to use such technologies.
(d) Donations of technology
Not later than the date that is 180 days after February 24, 2016, the Commissioner shall prescribe regulations to enable U.S. Customs and Border Protection to receive donations of hardware, software, equipment, and similar technologies, and to accept training and other support services, from private sector entities, for the purpose of enforcing intellectual property rights.
(
§4348. International cooperation and information sharing
(a) Cooperation
The Secretary of Homeland Security shall coordinate with the competent law enforcement and customs authorities of foreign countries, including by sharing information relevant to enforcement actions, to enhance the efforts of the United States and such authorities to enforce intellectual property rights.
(b) Technical assistance
The Secretary of Homeland Security shall provide technical assistance to competent law enforcement and customs authorities of foreign countries to enhance the ability of such authorities to enforce intellectual property rights.
(c) Interagency collaboration
The Commissioner and the Director of U.S. Immigration and Customs Enforcement shall lead interagency efforts to collaborate with law enforcement and customs authorities of foreign countries to enforce intellectual property rights.
(
§4349. Report on intellectual property rights enforcement
Not later than September 30, 2016, and annually thereafter, the Commissioner and the Director of U.S. Immigration and Customs Enforcement shall jointly submit to the Committee on Finance of the Senate, the Committee on Ways and Means of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a report that contains the following:
(1) With respect to the enforcement of intellectual property rights, the following:
(A) The number of referrals, during the preceding year, from U.S. Customs and Border Protection to U.S. Immigration and Customs Enforcement relating to infringement of intellectual property rights.
(B) The number of investigations relating to the infringement of intellectual property rights referred by U.S. Immigration and Customs Enforcement to a United States attorney for prosecution and the United States attorneys to which those investigations were referred.
(C) The number of such investigations accepted by each such United States attorney and the status or outcome of each such investigation.
(D) The number of such investigations that resulted in the imposition of civil or criminal penalties.
(E) A description of the efforts of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement to improve the success rates of investigations and prosecutions relating to the infringement of intellectual property rights.
(2) An estimate of the average time required by the Office of Trade established under
(3) A summary of the outreach efforts of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement with respect to—
(A) the interdiction and investigation of, and the sharing of information between those agencies and other Federal agencies to prevent, the infringement of intellectual property rights;
(B) collaboration with private sector entities—
(i) to identify trends in the infringement of, and technologies that infringe, intellectual property rights;
(ii) to identify opportunities for enhanced training of officers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement; and
(iii) to develop best practices to enforce intellectual property rights; and
(C) coordination with foreign governments and international organizations with respect to the enforcement of intellectual property rights.
(4) A summary of the efforts of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement to address the challenges with respect to the enforcement of intellectual property rights presented by Internet commerce and the transit of small packages and an identification of the volume, value, and type of merchandise seized for infringing intellectual property rights as a result of such efforts.
(5) A summary of training relating to the enforcement of intellectual property rights conducted under
(
§4350. Information for travelers regarding violations of intellectual property rights
(a) In general
The Secretary of Homeland Security shall develop and carry out an educational campaign to inform travelers entering or leaving the United States about the legal, economic, and public health and safety implications of acquiring merchandise that infringes intellectual property rights outside the United States and importing such merchandise into the United States in violation of United States law.
(b) Declaration forms
The Commissioner shall ensure that all versions of Declaration Form 6059B of U.S. Customs and Border Protection, or a successor form, including any electronic equivalent of Declaration Form 6059B or a successor form, printed or displayed on or after the date that is 30 days after February 24, 2016, include a written warning to inform travelers arriving in the United States that importation of merchandise into the United States that infringes intellectual property rights may subject travelers to civil or criminal penalties and may pose serious risks to safety or health.
(
SUBCHAPTER IV—PREVENTION OF EVASION OF ANTIDUMPING AND COUNTERVAILING DUTY ORDERS
§4361. Definitions
In this subchapter:
(1) Appropriate congressional committees
The term "appropriate congressional committees" means—
(A) the Committee on Finance and the Committee on Appropriations of the Senate; and
(B) the Committee on Ways and Means and the Committee on Appropriations of the House of Representatives.
(2) Covered merchandise
The term "covered merchandise" means merchandise that is subject to—
(A) a countervailing duty order issued under section 706 of the Tariff Act of 1930 (
(B) an antidumping duty order issued under section 736 of the Tariff Act of 1930 (
(3) Eligible small business
(A) In general
The term "eligible small business" means any business concern that, in the judgment of the Commissioner, due to its small size, has neither adequate internal resources nor financial ability to obtain qualified outside assistance in preparing and submitting for consideration allegations of evasion.
(B) Nonreviewability
Any agency decision regarding whether a business concern is an eligible small business for purposes of
(4) Enter; entry
The terms "enter" and "entry" refer to the entry, or withdrawal from warehouse for consumption, of merchandise in the customs territory of the United States.
(5) Evade; evasion
The terms "evade" and "evasion" refer to entering covered merchandise into the customs territory of the United States by means of any document or electronically transmitted data or information, written or oral statement, or act that is material and false, or any omission that is material, and that results in any cash deposit or other security or any amount of applicable antidumping or countervailing duties being reduced or not being applied with respect to the merchandise.
(6) Secretary
The term "Secretary" means the Secretary of the Treasury.
(7) Trade remedy laws
The term "trade remedy laws" means title VII of the Tariff Act of 1930 (
(
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this title", meaning title IV of
The Tariff Act of 1930, referred to in par. (7), is act June 17, 1930, ch. 497,
§4362. Application to Canada and Mexico
Pursuant to article 10.10 of the USMCA (as defined in
(
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this title", meaning title IV of
The amendments made by this title, referred to in text, mean the amendments made by title IV of
Amendments
2020—
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Amendment by
1 See References in Text note below.
Part I—Actions Relating to Enforcement of Trade Remedy Laws
§4371. Trade Remedy Law Enforcement Division
(a) Establishment
(1) In general
The Secretary of Homeland Security shall establish and maintain within the Office of Trade established under
(2) Composition
The Trade Remedy Law Enforcement Division shall be composed of—
(A) headquarters personnel led by a Director, who shall report to the Executive Assistant Commissioner of the Office of Trade; and
(B) a National Targeting and Analysis Group dedicated to preventing and countering evasion.
(3) Duties
The Trade Remedy Law Enforcement Division shall be dedicated—
(A) to the development and administration of policies to prevent and counter evasion, including policies relating to the implementation of
(B) to direct enforcement and compliance assessment activities concerning evasion;
(C) to the development and conduct of commercial risk assessment targeting with respect to cargo destined for the United States in accordance with subsection (c);
(D) to issuing Trade Alerts described in subsection (d); and
(E) to the development of policies for the application of single entry and continuous bonds for entries of covered merchandise to sufficiently protect the collection of antidumping and countervailing duties commensurate with the level of risk of noncollection.
(b) Duties of Director
The duties of the Director of the Trade Remedy Law Enforcement Division shall include—
(1) directing the trade enforcement and compliance assessment activities of U.S. Customs and Border Protection that concern evasion;
(2) facilitating, promoting, and coordinating cooperation and the exchange of information between U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and other relevant Federal agencies regarding evasion;
(3) notifying on a timely basis the administering authority (as defined in
(4) serving as the primary liaison between U.S. Customs and Border Protection and the public regarding activities concerning evasion, including activities relating to investigations conducted under
(A) receiving allegations of evasion from parties, including allegations described in
(B) upon request by the party or parties that submitted such an allegation of evasion, providing information to such party or parties on the status of U.S. Customs and Border Protection's consideration of the allegation and decision to pursue or not pursue any administrative inquiries or other actions, such as changes in policies, procedures, or resource allocation as a result of the allegation;
(C) as needed, requesting from the party or parties that submitted such an allegation of evasion any additional information that may be relevant for U.S. Customs and Border Protection determining whether to initiate an administrative inquiry or take any other action regarding the allegation;
(D) notifying on a timely basis the party or parties that submitted such an allegation of the results of any administrative, civil, or criminal actions taken by U.S. Customs and Border Protection or other Federal agency regarding evasion as a direct or indirect result of the allegation;
(E) upon request, providing technical assistance and advice to eligible small businesses to enable such businesses to prepare and submit such an allegation of evasion, except that the Director may deny technical assistance if the Director concludes that the allegation, if submitted, would not lead to the initiation of an administrative inquiry or any other action to address the allegation;
(F) in cooperation with the public, the Commercial Customs Operations Advisory Committee established under
(G) consulting regularly with the public, the Commercial Customs Operations Advisory Committee, the Trade Support Network, and any other relevant parties and organizations regarding the development and implementation of regulations, interpretations, and policies related to countering evasion.
(c) Preventing and countering evasion of the trade remedy laws
In carrying out its duties with respect to preventing and countering evasion, the National Targeting and Analysis Group dedicated to preventing and countering evasion shall—
(1) establish targeted risk assessment methodologies and standards—
(A) for evaluating the risk that cargo destined for the United States may constitute evading covered merchandise; and
(B) for issuing, as appropriate, Trade Alerts described in subsection (d); and
(2) to the extent practicable and otherwise authorized by law, use information available from the Automated Commercial System, the Automated Commercial Environment, the Automated Targeting System, the Automated Export System, the International Trade Data System established under
(d) Trade Alerts
Based upon the application of the targeted risk assessment methodologies and standards established under subsection (c), the Director of the Trade Remedy Law Enforcement Division shall issue Trade Alerts or other such means of notification to directors of United States ports of entry directing further inspection, physical examination, or testing of merchandise to ensure compliance with the trade remedy laws and to require additional bonds, cash deposits, or other security to ensure collection of any duties, taxes, and fees owed.
(
§4372. Collection of information on evasion of trade remedy laws
(a) Authority to collect information
To determine whether covered merchandise is being entered into the customs territory of the United States through evasion, the Secretary, acting through the Commissioner—
(1) shall exercise all existing authorities to collect information needed to make the determination; and
(2) may collect such additional information as is necessary to make the determination through such methods as the Commissioner considers appropriate, including by issuing questionnaires with respect to the entry or entries at issue to—
(A) a person who filed an allegation with respect to the covered merchandise;
(B) a person who is alleged to have entered the covered merchandise into the customs territory of the United States through evasion; or
(C) any other person who is determined to have information relevant to the allegation of entry of covered merchandise into the customs territory of the United States through evasion.
(b) Adverse inference
(1) Use of adverse inference
(A) In general
If the Secretary finds that a person described in subparagraph (B) has failed to cooperate by not acting to the best of the person's ability to comply with a request for information under subsection (a), the Secretary may, in making a determination whether an entry or entries of covered merchandise may constitute merchandise that is entered into the customs territory of the United States through evasion, use an inference that is adverse to the interests of that person in selecting from among the facts otherwise available to determine whether evasion has occurred.
(B) Person described
A person described in this subparagraph is—
(i) a person who filed an allegation with respect to covered merchandise;
(ii) a person alleged to have entered covered merchandise into the customs territory of the United States through evasion; or
(iii) a foreign producer or exporter of covered merchandise that is alleged to have entered into the customs territory of the United States through evasion.
(C) Application
An inference described in subparagraph (A) may be used under that subparagraph with respect to a person described in clause (ii) or (iii) of subparagraph (B) without regard to whether another person involved in the same transaction or transactions under examination has provided the information sought by the Secretary, such as import or export documentation.
(2) Adverse inference described
An adverse inference used under paragraph (1)(A) may include reliance on information derived from—
(A) the allegation of evasion of the trade remedy laws, if any, submitted to U.S. Customs and Border Protection;
(B) a determination by the Commissioner in another investigation, proceeding, or other action regarding evasion of the unfair trade laws; or
(C) any other available information.
(
§4373. Additional information
Notwithstanding any other provision of law, the Secretary is authorized to provide to the Secretary of Commerce or the United States International Trade Commission any information that is necessary to enable the Secretary of Commerce or the United States International Trade Commission to assist the Secretary to identify, through risk assessment targeting or otherwise, covered merchandise that is entered into the customs territory of the United States through evasion.
(
§4374. Cooperation with foreign countries on preventing evasion of trade remedy laws
(a) Bilateral agreements
(1) In general
The Secretary shall seek to negotiate and enter into bilateral agreements with the customs authorities or other appropriate authorities of foreign countries for purposes of cooperation on preventing evasion of the trade remedy laws of the United States and the trade remedy laws of the other country.
(2) Provisions and authorities
The Secretary shall seek to include in each such bilateral agreement the following provisions and authorities:
(A) On the request of the importing country, the exporting country shall provide, consistent with its laws, regulations, and procedures, production, trade, and transit documents and other information necessary to determine whether an entry or entries exported from the exporting country are subject to the importing country's trade remedy laws.
(B) On the written request of the importing country, the exporting country shall conduct a verification for purposes of enabling the importing country to make a determination described in subparagraph (A).
(C) The exporting country may allow the importing country to participate in a verification described in subparagraph (B), including through a site visit.
(D) If the exporting country does not allow participation of the importing country in a verification described in subparagraph (B), the importing country may take this fact into consideration in its trade enforcement and compliance assessment activities regarding the compliance of the exporting country's exports with the importing country's trade remedy laws.
(b) Consideration
The Commissioner is authorized to take into consideration whether a country is a signatory to a bilateral agreement described in subsection (a) or a party to the USMCA (as defined in
(c) Report
Not later than December 31 of each calendar year beginning after February 24, 2016, the Secretary shall submit to the appropriate congressional committees a report summarizing—
(1) the status of any ongoing negotiations of bilateral agreements described in subsection (a), including the identities of the countries involved in such negotiations;
(2) the terms of any completed bilateral agreements described in subsection (a); and
(3) bilateral cooperation and other activities conducted pursuant to or enabled by any completed bilateral agreements described in subsection (a).
(
Editorial Notes
Amendments
2020—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Amendment by
Effect of Termination of USMCA Country Status
For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of
§4375. Trade negotiating objectives
The principal negotiating objectives of the United States shall include obtaining the objectives of the bilateral agreements described under
(
Part II—Other Matters
§4391. Allocation and training of personnel
The Commissioner shall, to the maximum extent possible, ensure that U.S. Customs and Border Protection—
(1) employs sufficient personnel who have expertise in, and responsibility for, preventing and investigating the entry of covered merchandise into the customs territory of the United States through evasion;
(2) on the basis of risk assessment metrics, assigns sufficient personnel with primary responsibility for preventing the entry of covered merchandise into the customs territory of the United States through evasion to the ports of entry in the United States at which the Commissioner determines potential evasion presents the most substantial threats to the revenue of the United States; and
(3) provides adequate training to relevant personnel to increase expertise and effectiveness in the prevention and identification of entries of covered merchandise into the customs territory of the United States through evasion.
(
§4392. Annual report on prevention and investigation of evasion of antidumping and countervailing duty orders
(a) In general
Not later than January 15 of each calendar year that begins on or after the date that is 270 days after February 24, 2016, the Commissioner, in consultation with the Secretary of Commerce and the Director of U.S. Immigration and Customs Enforcement, shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on the efforts being taken to prevent and investigate the entry of covered merchandise into the customs territory of the United States through evasion.
(b) Contents
Each report required under subsection (a) shall include—
(1) for the calendar year preceding the submission of the report—
(A) a summary of the efforts of U.S. Customs and Border Protection to prevent and investigate the entry of covered merchandise into the customs territory of the United States through evasion;
(B) the number of allegations of evasion received, including allegations received under subsection (b) of
(C) a summary of investigations initiated, including investigations initiated under subsection (b) of such
(i) the number and nature of the investigations initiated, conducted, or completed; and
(ii) the resolution of each completed investigation;
(D) the amount of additional duties that were determined to be owed as a result of such investigations, the amount of such duties that were collected, and, for any such duties not collected, a description of the reasons those duties were not collected;
(E) with respect to each such investigation that led to the imposition of a penalty, the amount of the penalty;
(F) an identification of the countries of origin of covered merchandise determined under subsection (c) of such
(G) the amount of antidumping and countervailing duties collected as a result of any investigations or other actions by U.S. Customs and Border Protection or any other Federal agency;
(H) a description of the allocation of personnel and other resources of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement to prevent and investigate evasion, including any assessments conducted regarding the allocation of such personnel and resources; and
(I) a description of training conducted to increase expertise and effectiveness in the prevention and investigation of evasion; and
(2) a description of processes and procedures of U.S. Customs and Border Protection to prevent and investigate evasion, including—
(A) the specific guidelines, policies, and practices used by U.S. Customs and Border Protection to ensure that allegations of evasion are promptly evaluated and acted upon in a timely manner;
(B) an evaluation of the efficacy of those guidelines, policies, and practices;
(C) an identification of any changes since the last report required by this section, if any, that have materially improved or reduced the effectiveness of U.S. Customs and Border Protection in preventing and investigating evasion;
(D) a description of the development and implementation of policies for the application of single entry and continuous bonds for entries of covered merchandise to sufficiently protect the collection of antidumping and countervailing duties commensurate with the level of risk of not collecting those duties;
(E) a description of the processes and procedures for increased cooperation and information sharing with the Department of Commerce, U.S. Immigration and Customs Enforcement, and any other relevant Federal agencies to prevent and investigate evasion; and
(F) an identification of any recommended policy changes for other Federal agencies or legislative changes to improve the effectiveness of U.S. Customs and Border Protection in preventing and investigating evasion.
(c) Public summary
The Commissioner shall make available to the public a summary of the report required by subsection (a) that includes, at a minimum—
(1) a description of the type of merchandise with respect to which investigations were initiated under subsection (b) of
(2) the amount of additional duties determined to be owed as a result of such investigations and the amount of such duties that were collected;
(3) an identification of the countries of origin of covered merchandise determined under subsection (c) of such
(4) a description of the types of measures used by U.S. Customs and Border Protection to prevent and investigate evasion.
(
SUBCHAPTER V—ADDITIONAL ENFORCEMENT PROVISIONS
§4401. Inclusion of interest in certain distributions of antidumping duties and countervailing duties
(a) In general
The Secretary of Homeland Security shall deposit all interest described in subsection (c) into the special account established under
(b) Distributions described
Distributions described in this subsection are distributions of antidumping duties and countervailing duties assessed on or after October 1, 2000, that are made under
(1) were made on or before September 30, 2007; and
(2) were, in accordance with section 822 of the Claims Resolution Act of 2010 (
(c) Interest described
(1) Interest realized
Interest described in this subsection is interest earned on antidumping duties or countervailing duties described in subsection (b) that is realized through application of a payment received on or after October 1, 2014, by U.S. Customs and Border Protection under, or in connection with—
(A) a customs bond pursuant to a court order or judgment; or
(B) a settlement with respect to a customs bond, including any payment made to U.S. Customs and Border Protection with respect to that bond by a surety.
(2) Types of interest
Interest described in paragraph (1) includes the following:
(A) Interest accrued under
(B) Interest accrued under
(C) Equitable interest under common law and interest under
(d) Definitions
In this section:
(1) Antidumping duties
The term "antidumping duties" means antidumping duties imposed under
(2) Countervailing duties
The term "countervailing duties" means countervailing duties imposed under
(
Editorial Notes
References in Text
Section 822 of the Claims Resolution Act of 2010, referred to in subsec. (b)(2), is section 822 of
The Antidumping Act, 1921, referred to in subsec. (d)(1), is act May 27, 1921, ch. 14, title II,
§4402. Illicitly imported, exported, or trafficked cultural property, archaeological or ethnological materials, and fish, wildlife, and plants
(a) In general
The Commissioner and the Director of U.S. Immigration and Customs Enforcement shall ensure that appropriate personnel of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, as the case may be, are trained in the detection, identification, detention, seizure, and forfeiture of cultural property, archaeological or ethnological materials, and fish, wildlife, and plants, the importation, exportation, or trafficking of which violates the laws of the United States.
(b) Training
The Commissioner and the Director are authorized to accept training and other support services from experts outside of the Federal Government with respect to the detection, identification, detention, seizure, and forfeiture of cultural property, archaeological or ethnological materials, or fish, wildlife, and plants described in subsection (a).
(
§4403. Honey transshipment
(a) In general
The Commissioner shall direct appropriate personnel and the use of resources of U.S. Customs and Border Protection to address concerns that honey is being imported into the United States in violation of the customs and trade laws of the United States.
(b) Country of origin
(1) In general
The Commissioner shall compile a database of the individual characteristics of honey produced in foreign countries to facilitate the verification of country of origin markings of imported honey.
(2) Engagement with foreign governments
The Commissioner shall seek to engage the customs agencies of foreign governments for assistance in compiling the database described in paragraph (1).
(3) Consultation with industry
In compiling the database described in paragraph (1), the Commissioner shall consult with entities in the honey industry regarding the development of industry standards for honey identification.
(4) Consultation with Food and Drug Administration
In compiling the database described in paragraph (1), the Commissioner shall consult with the Commissioner of Food and Drugs.
(c) Report required
Not later than 180 days after February 24, 2016, the Commissioner shall submit to Congress a report that—
(1) describes and assesses the limitations in the existing analysis capabilities of laboratories with respect to determining the country of origin of honey samples or the percentage of honey contained in a sample; and
(2) includes any recommendations of the Commissioner for improving such capabilities.
(d) Sense of Congress
It is the sense of Congress that the Commissioner of Food and Drugs should promptly establish a national standard of identity for honey for the Commissioner of U.S. Customs and Border Protection to use to ensure that imports of honey are—
(1) classified accurately for purposes of assessing duties; and
(2) denied entry into the United States if such imports pose a threat to the health or safety of consumers in the United States.
(
§4404. Report on actions taken by United States Trade Representative
Not later than one year after the appointment of the first Chief Innovation and Intellectual Property Negotiator pursuant to paragraph (2) of
(1) enforcement actions taken by the Trade Representative during the one-year period preceding the submission of the report to ensure the protection of United States innovation and intellectual property interests; and
(2) other actions taken by the Trade Representative to advance United States innovation and intellectual property interests.
(
Editorial Notes
References in Text
Subsection (a), referred to in text, means section 609(a) of
1 See References in Text note below.
§4405. Trade Enforcement Trust Fund
(a) Establishment
There is established in the Treasury of the United States a trust fund to be known as the Trade Enforcement Trust Fund (in this section referred to as the "Trust Fund"), consisting of amounts transferred to the Trust Fund under subsection (b) and any amounts that may be credited to the Trust Fund under subsection (c).
(b) Transfer of amounts
(1) In general
The Secretary of the Treasury shall transfer to the Trust Fund, from the general fund of the Treasury, for each fiscal year that begins on or after February 24, 2016, through fiscal year 2026, an amount equal to $15,000,000 (or a lesser amount as required pursuant to paragraph (2)).
(2) Limitation
The total amount in the Trust Fund at any time may not exceed $30,000,000.
(3) Frequency of transfers
The Secretary shall transfer amounts required to be transferred to the Trust Fund under paragraph (1) not less frequently than quarterly from the general fund of the Treasury to the Trust Fund in a manner that ensures that the total amount in the Trust Fund at the end of the quarter does not exceed the limitation established under paragraph (2).
(c) Investment of amounts
(1) Investment of amounts
The Secretary shall invest such portion of the Trust Fund as is not required to meet current withdrawals in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States.
(2) Interest and proceeds
The interest on, and the proceeds from the sale or redemption of, any obligations held in the Trust Fund shall be credited to and form a part of the Trust Fund.
(d) Availability of amounts from Trust Fund
(1) In general
The United States Trade Representative shall, on the basis of the advice of the Trade Policy Committee and relevant subordinate bodies of the TPC, use or transfer for the use by Federal agencies represented on the TPC amounts in the Trust Fund, only as provided by appropriations Acts, for making expenditures for any of the following:
(A) To seek to enforce the provisions of and commitments and obligations under the WTO Agreements and free trade agreements to which the United States is a party and resolve any actions by foreign countries that are inconsistent with those provisions, commitments, and obligations.
(B) To monitor and ensure the full implementation by foreign countries of the provisions of and commitments and obligations under free trade agreements to which the United States is a party for purposes of systematically assessing, identifying, investigating, or initiating steps to address inconsistencies with those provisions, commitments, and obligations.
(C) To thoroughly investigate and respond to petitions under
(D) To support capacity-building efforts undertaken by the United States pursuant to any free trade agreement to which the United States is a party and to prioritize and give special attention to the timely, consistent, and robust implementation of the commitments and obligations of a party to that free trade agreement, including commitments and obligations related to trade in goods, trade in services, trade in agriculture, foreign investment, intellectual property, digital trade in goods and services and cross-border data flows, regulatory practices, state-owned and state-controlled enterprises, localization barriers to trade, labor and the environment, currency, foreign currency manipulation, anticorruption, trade remedy laws, textiles, and commercial partnerships.
(E) To support capacity-building efforts undertaken by the United States pursuant to any such free trade agreement and to include performance indicators against which the progress and obstacles for the implementation of commitments and obligations can be identified and assessed within a meaningful time frame.
(2) Limitation
Amounts made available in the Trust Fund may not be used to offset costs of conducting negotiations for any free trade agreement to be entered into on or after February 24, 2016, but may be used to support implementation and capacity building prior to entry into force of a free trade agreement.
(e) Report
Not later than 18 months after the entry into force of any free trade agreement entered into after February 24, 2016, the United States Trade Representative, in consultation with the Federal agencies represented on the TPC, shall submit to Congress a report on the actions taken under subsection (d) in connection with that agreement.
(f) Comptroller General study
(1) In general
The Comptroller General of the United States shall conduct a study that includes the following:
(A) A comprehensive analysis of the trade enforcement expenditures of each Federal agency with responsibilities relating to trade that specifies, with respect to each such Federal agency—
(i) the amounts appropriated for trade enforcement; and
(ii) the number of full-time employees carrying out activities relating to trade enforcement.
(B) Recommendations on the additional employees and resources that each such Federal agency may need to effectively enforce the free trade agreements to which the United States is a party.
(2) Report
Not later than one year after February 24, 2016, the Comptroller General shall submit to Congress a report on the results of the study conducted under paragraph (1).
(g) Definitions
In this section:
(1) Trade Policy Committee; TPC
The terms "Trade Policy Committee" and "TPC" mean the interagency organization established under
(2) WTO
The term "WTO" means the World Trade Organization.
(3) WTO agreement
The term "WTO Agreement" has the meaning given that term in
(4) WTO agreements
The term "WTO Agreements" means the WTO Agreement and agreements annexed to that Agreement.
(
SUBCHAPTER VI—ENGAGEMENT ON CURRENCY EXCHANGE RATE AND ECONOMIC POLICIES
§4421. Enhancement of engagement on currency exchange rate and economic policies with certain major trading partners of the United States
(a) Major trading partner report
(1) In general
Not later than 180 days after February 24, 2016, and not less frequently than once every 180 days thereafter, the Secretary shall submit to the appropriate committees of Congress a report on the macroeconomic and currency exchange rate policies of each country that is a major trading partner of the United States.
(2) Elements
(A) In general
Each report submitted under paragraph (1) shall contain—
(i) for each country that is a major trading partner of the United States—
(I) that country's bilateral trade balance with the United States;
(II) that country's current account balance as a percentage of its gross domestic product;
(III) the change in that country's current account balance as a percentage of its gross domestic product during the 3-year period preceding the submission of the report;
(IV) that country's foreign exchange reserves as a percentage of its short-term debt; and
(V) that country's foreign exchange reserves as a percentage of its gross domestic product; and
(ii) an enhanced analysis of macroeconomic and exchange rate policies for each country that is a major trading partner of the United States that has—
(I) a significant bilateral trade surplus with the United States;
(II) a material current account surplus; and
(III) engaged in persistent one-sided intervention in the foreign exchange market.
(B) Enhanced analysis
Each enhanced analysis under subparagraph (A)(ii) shall include, for each country with respect to which an analysis is made under that subparagraph—
(i) a description of developments in the currency markets of that country, including, to the greatest extent feasible, developments with respect to currency interventions;
(ii) a description of trends in the real effective exchange rate of the currency of that country and in the degree of undervaluation of that currency;
(iii) an analysis of changes in the capital controls and trade restrictions of that country; and
(iv) patterns in the reserve accumulation of that country.
(3) Assessment factors
Not later than 90 days after February 24, 2016, the Secretary shall publicly describe the factors used to assess under paragraph (2)(A)(ii) whether a country has a significant bilateral trade surplus with the United States, has a material current account surplus, and has engaged in persistent one-sided intervention in the foreign exchange market.
(b) Engagement on exchange rate and economic policies
(1) In general
The President, through the Secretary, shall commence enhanced bilateral engagement with each country for which an enhanced analysis of macroeconomic and currency exchange rate policies is included in the report submitted under subsection (a), in order to, as appropriate—
(A) urge implementation of policies to address the causes of the undervaluation of its currency, its significant bilateral trade surplus with the United States, and its material current account surplus, including undervaluation and surpluses relating to exchange rate management;
(B) express the concern of the United States with respect to the adverse trade and economic effects of that undervaluation and those surpluses;
(C) advise that country of the ability of the President to take action under subsection (c); and/or
(D) develop a plan with specific actions to address that undervaluation and those surpluses.
(2) Waiver
(A) In general
The Secretary may waive the requirement under paragraph (1) to commence enhanced bilateral engagement with a country if the Secretary determines that commencing enhanced bilateral engagement with the country—
(i) would have an adverse impact on the United States economy greater than the benefits of such action; or
(ii) would cause serious harm to the national security of the United States.
(B) Certification and report
The Secretary shall promptly certify to Congress a determination under subparagraph (A) and promptly submit to Congress a report that describes in detail the reasons for the Secretary's determination under subparagraph (A).
(c) Remedial action
(1) In general
If, on or after the date that is one year after the commencement of enhanced bilateral engagement by the President, through the Secretary, with respect to a country under subsection (b)(1), the Secretary determines that the country has failed to adopt appropriate policies to correct the undervaluation and surpluses described in subsection (b)(1)(A) with respect to that country, the President shall take one or more of the following actions:
(A) Prohibit the United States International Development Finance Corporation from approving any new financing (including any insurance, reinsurance, or guarantee) with respect to a project located in that country on and after such date.
(B) Except as provided in paragraph (3), and pursuant to paragraph (4), prohibit the Federal Government from procuring, or entering into any contract for the procurement of, goods or services from that country on and after such date.
(C) Instruct the United States Executive Director of the International Monetary Fund to call for additional rigorous surveillance of the macroeconomic and exchange rate policies of that country and, as appropriate, formal consultations on findings of currency manipulation.
(D) Instruct the United States Trade Representative to take into account, in consultation with the Secretary, in assessing whether to enter into a bilateral or regional trade agreement with that country or to initiate or participate in negotiations with respect to a bilateral or regional trade agreement with that country, the extent to which that country has failed to adopt appropriate policies to correct the undervaluation and surpluses described in subsection (b)(1)(A).
(2) Waiver
(A) In general
The President may waive the requirement under paragraph (1) to take remedial action if the President determines that taking remedial action under paragraph (1) would—
(i) have an adverse impact on the United States economy greater than the benefits of taking remedial action; or
(ii) would cause serious harm to the national security of the United States.
(B) Certification and report
The President shall promptly certify to Congress a determination under subparagraph (A) and promptly submit to Congress a report that describes in detail the reasons for the President's determination under subparagraph (A).
(3) Exception
The President may not apply a prohibition under paragraph (1)(B) in a manner that is inconsistent with United States obligations under international agreements.
(4) Consultations
(A) Office of Management and Budget
Before applying a prohibition under paragraph (1)(B), the President shall consult with the Director of the Office of Management and Budget to determine whether such prohibition would subject the taxpayers of the United States to unreasonable cost.
(B) Congress
The President shall consult with the appropriate committees of Congress with respect to any action the President takes under paragraph (1)(B), including whether the President has consulted as required under subparagraph (A).
(d) Definitions
In this section:
(1) Appropriate committees of Congress
The term "appropriate committees of Congress" means—
(A) the Committee on Banking, Housing, and Urban Affairs and the Committee on Finance of the Senate; and
(B) the Committee on Financial Services and the Committee on Ways and Means of the House of Representatives.
(2) Country
The term "country" means a foreign country, dependent territory, or possession of a foreign country, and may include an association of 2 or more foreign countries, dependent territories, or possessions of countries into a customs union outside the United States.
(3) Real effective exchange rate
The term "real effective exchange rate" means a weighted average of bilateral exchange rates, expressed in price-adjusted terms.
(4) Secretary
The term "Secretary" means the Secretary of the Treasury.
(
Editorial Notes
Amendments
2018—Subsec. (c)(1)(A).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Executive Documents
Ex. Ord. No. 13733. Delegation of Certain Authorities and Assignment of Certain Functions Under the Trade Facilitation and Trade Enforcement Act of 2015
Ex. Ord. No. 13733, July 22, 2016, 81 F.R. 49515, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Trade Facilitation and Trade Enforcement Act of 2015 (the "Act") (
(b) The functions of the President under section 909(d) of the Act are assigned to the Secretary of State, in consultation with other relevant Federal agencies.
(c) The functions of the President under section 915(d) of the Act are assigned to the Administrator of the United States Agency for International Development, in consultation with the Secretary of State and the United States Trade Representative (U.S. Trade Representative).
(d) The functions of the President under section 915(e) of the Act are assigned to the U.S. Trade Representative, in consultation with the Secretary of State.
(b) In exercising the functions under section 701(b)(2)(A) of the Act, the Secretary of the Treasury shall consult with the Secretary of State in making any determination that commencing enhanced bilateral engagement with a country would cause serious harm to the national security of the United States.
(c) If the Secretary of the Treasury determines, pursuant to section 701(c)(1) of the Act, that a country has failed to adopt appropriate policies to correct the undervaluation and surpluses described in section 701(b)(1)(A) of the Act with respect to that country, the Assistant to the President for Economic Policy, in consultation with the Secretary of the Treasury, the U.S. Trade Representative, the Secretary of State, and the Secretary of Commerce, shall make a recommendation to the President regarding which of the actions set forth in sections 701(c)(1)(A) through (D) of the Act the President should take, or whether the President should waive, pursuant to section 701(c)(2) of the Act, the requirement to take remedial action.
(i) shall ensure that all actions taken by them are consistent with the President's constitutional authority to (A) conduct the foreign affairs of the United States, including the commencement, conduct, and termination of negotiations with foreign countries and international organizations; (B) withhold information the disclosure of which could impair the foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties; (C) recommend for congressional consideration such measures as the President may judge necessary or expedient; and (D) supervise the executive branch; and
(ii) may redelegate authority delegated by this order and may further assign functions assigned by this order to officers of any other department or agency within the executive branch to the extent permitted by law, including
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Barack Obama.
§4422. Advisory Committee on International Exchange Rate Policy
(a) Establishment
(1) In general
There is established an Advisory Committee on International Exchange Rate Policy (in this section referred to as the "Committee").
(2) Duties
The Committee shall be responsible for advising the Secretary of the Treasury with respect to the impact of international exchange rates and financial policies on the economy of the United States.
(b) Membership
(1) In general
The Committee shall be composed of 9 members as follows, none of whom shall be employees of the Federal Government:
(A) Three members shall be appointed by the President pro tempore of the Senate, upon the recommendation of the chairmen and ranking members of the Committee on Banking, Housing, and Urban Affairs and the Committee on Finance of the Senate.
(B) Three members shall be appointed by the Speaker of the House of Representatives, upon the recommendation of the chairmen and ranking members of the Committee on Financial Services and the Committee on Ways and Means of the House of Representatives.
(C) Three members shall be appointed by the President.
(2) Qualifications
Members shall be selected under paragraph (1) on the basis of their objectivity and demonstrated expertise in finance, economics, or currency exchange.
(3) Terms
(A) In general
Members shall be appointed for a term of 2 years or until the Committee terminates.
(B) Reappointment
A member may be reappointed to the Committee for additional terms.
(4) Vacancies
Any vacancy in the Committee shall not affect its powers, but shall be filled in the same manner as the original appointment.
(c) Duration of Committee
(1) In general
The Committee shall terminate on the date that is 2 years after February 24, 2016, unless renewed by the President for a subsequent 2-year period.
(2) Continued renewal
The President may continue to renew the Committee for successive 2-year periods by taking appropriate action to renew the Committee prior to the date on which the Committee would otherwise terminate.
(d) Meetings
The Committee shall hold not fewer than 2 meetings each calendar year.
(e) Chairperson
(1) In general
The Committee shall elect from among its members a chairperson for a term of 2 years or until the Committee terminates.
(2) Reelection; subsequent terms
A chairperson of the Committee may be reelected chairperson but is ineligible to serve consecutive terms as chairperson.
(f) Staff
The Secretary of the Treasury shall make available to the Committee such staff, information, personnel, administrative services, and assistance as the Committee may reasonably require to carry out the activities of the Committee.
(g) Application of chapter 10 of title 5
(1) In general
Except as provided in paragraph (2), the provisions of
(2) Exception
Meetings of the Committee shall be exempt from the requirements of subsections (a) and (b) of section 1009 and
(A) would seriously compromise the development by the Government of the United States of monetary or financial policy; or
(B) is likely to—
(i) lead to significant financial speculation in currencies, securities, or commodities; or
(ii) significantly endanger the stability of any financial institution.
(h) Authorization of appropriations
There are authorized to be appropriated to the Secretary of the Treasury for each fiscal year in which the Committee is in effect $1,000,000 to carry out this section.
(
Editorial Notes
Amendments
2022—Subsec. (g).
Subsec. (g)(1).
Subsec. (g)(2).
SUBCHAPTER VII—PRECLEARANCE OPERATIONS
§4431. Definitions
In this subchapter:
(1) Appropriate congressional committees
The term "appropriate congressional committees" means—
(A) the Committee on Homeland Security and Governmental Affairs, the Committee on Finance, the Committee on Commerce, Science, and Transportation, and the Committee on Appropriations of the Senate; and
(B) the Committee on Homeland Security, the Committee on Ways and Means, and the Committee on Appropriations of the House of Representatives.
(2) Secretary
The term "Secretary" means the Secretary of Homeland Security.
(
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this subtitle", meaning subtitle B (§§811–819) of title VIII of
§4432. Establishment of preclearance operations
Pursuant to
(1) to prevent terrorists, instruments of terrorism, and other security threats from entering the United States;
(2) to prevent inadmissible persons from entering the United States;
(3) to ensure that merchandise destined for the United States complies with applicable laws;
(4) to ensure the prompt processing of persons eligible to travel to the United States; and
(5) to accomplish such other objectives as the Secretary determines are necessary to protect the United States.
(
Editorial Notes
References in Text
1 See References in Text note below.
§4433. Notification and certification to Congress
(a) Initial notification
Not later than 60 days before an agreement with the government of a foreign country to establish U.S. Customs and Border Protection preclearance operations in such foreign country enters into force, the Secretary shall provide the appropriate congressional committees with—
(1) a copy of the agreement to establish such preclearance operations, which shall include—
(A) the identification of the foreign country with which U.S. Customs and Border Protection intends to enter into a preclearance agreement;
(B) the location at which such preclearance operations will be conducted; and
(C) the terms and conditions for U.S. Customs and Border Protection personnel operating at the location;
(2) an assessment of the impact such preclearance operations will have on legitimate trade and travel, including potential impacts on passengers traveling to the United States;
(3) an assessment of the impacts such preclearance operations will have on U.S. Customs and Border Protection domestic port of entry staffing;
(4) country-specific information on the anticipated homeland security benefits associated with establishing such preclearance operations;
(5) information on potential security vulnerabilities associated with commencing such preclearance operations and mitigation plans to address such potential security vulnerabilities;
(6) a U.S. Customs and Border Protection staffing model for such preclearance operations and plans for how such positions would be filled; and
(7) information on the anticipated costs over the 5 fiscal years after the agreement enters into force associated with commencing such preclearance operations.
(b) Further notification relating to preclearance operations established at airports
Not later than 45 days before an agreement with the government of a foreign country to establish U.S. Customs and Border Protection preclearance operations at an airport in such country enters into force, the Secretary, in addition to complying with the notification requirements under subsection (a), shall provide the appropriate congressional committees with—
(1) an estimate of the date on which U.S. Customs and Border Protection intends to establish preclearance operations under such agreement, including any pending caveats that must be resolved before preclearance operations are approved;
(2) the anticipated funding sources for preclearance operations under such agreement, and other funding sources considered;
(3) a homeland security threat assessment for the country in which such preclearance operations are to be established;
(4) information on potential economic, competitive, and job impacts on United States air carriers associated with establishing such preclearance operations;
(5) details on information sharing mechanisms to ensure that U.S. Customs and Border Protection has current information to prevent terrorist and criminal travel; and
(6) other factors that the Secretary determines to be necessary for Congress to comprehensively assess the appropriateness of commencing such preclearance operations.
(c) Certifications relating to preclearance operations established at airports
Not later than 60 days before an agreement with the government of a foreign country to establish U.S. Customs and Border Protection preclearance operations at an airport in such country enters into force, the Secretary, in addition to complying with the notification requirements under subsections (a) and (b), shall provide the appropriate congressional committees with—
(1) a certification that preclearance operations under such preclearance agreement, after considering alternative options, would provide homeland security benefits to the United States through the most effective means possible;
(2) a certification that preclearance operations within such foreign country will be established under such agreement only if—
(A) at least one United States passenger carrier operates at such airport; and
(B) any United States passenger carriers operating at such airport and desiring to participate in preclearance operations are provided access that is comparable to that of any non-United States passenger carrier operating at that airport;
(3) a certification that the establishment of preclearance operations in such foreign country will not significantly increase customs processing times at United States airports;
(4) a certification that representatives from U.S. Customs and Border Protection consulted with stakeholders, including providers of commercial air service in the United States, employees of such providers, security experts, and such other parties as the Secretary determines to be appropriate; and
(5) a report detailing the basis for the certifications referred to in paragraphs (1) through (4).
(d) Amendment of existing agreements
Not later than 30 days before a substantially amended preclearance agreement with the government of a foreign country in effect as of February 24, 2016, enters into force, the Secretary shall provide to the appropriate congressional committees—
(1) a copy of the agreement, as amended; and
(2) the justification for such amendment.
(e) Implementation plan
(1) In general
The Commissioner shall report to the appropriate congressional committees, on a quarterly basis—
(A) the number of U.S. Customs and Border Protection officers, by port, assigned from domestic ports of entry to preclearance operations; and
(B) the number of the positions at domestic ports of entry vacated by U.S. Customs and Border Protection officers described in subparagraph (A) that have been filled by other hired, trained, and equipped U.S. Customs and Border Protection officers.
(2) Submission
If the Commissioner has not filled the positions of U.S. Customs and Border Protection officers that were reassigned to preclearance operations and determines that U.S. Customs and Border Protection processing times at domestic ports of entry from which U.S. Customs and Border Protection officers were reassigned to preclearance operations have significantly increased, the Commissioner, not later than 60 days after making such a determination, shall submit to the appropriate congressional committees an implementation plan for reducing processing times at the domestic ports of entry with such increased processing times.
(3) Suspension
If the Commissioner does not submit the implementation plan described in paragraph (2) to the appropriate congressional committees before the deadline set forth in such paragraph, the Commissioner may not commence preclearance operations at an additional port of entry in any country until such implementation plan is submitted.
(f) Classified report
The report required under subsection (c)(5) may be submitted in classified form if the Secretary determines that such form is appropriate.
(
§4434. Lost and stolen passports
The Secretary may not enter into an agreement with the government of a foreign country to establish or maintain U.S. Customs and Border Protection preclearance operations at an airport in such country unless the Secretary certifies to the appropriate congressional committees that such government—
(1) routinely submits information about lost and stolen passports of its citizens and nationals to INTERPOL's Stolen and Lost Travel Document database; or
(2) makes such information available to the United States Government through another comparable means of reporting.
(
§4435. Recovery of initial U.S. Customs and Border Protection preclearance operations costs
(a) Cost sharing agreements with relevant airport authorities
The Commissioner may enter into a cost sharing agreement with airport authorities in foreign countries at which preclearance operations are to be established or maintained if—
(1) an executive agreement to establish or maintain such preclearance operations pursuant to the authorities under
(2) U.S. Customs and Border Protection has incurred, or expects to incur, initial preclearance operations costs in order to establish or maintain preclearance operations under the agreement described in paragraph (1).
(b) Contents of cost sharing agreements
(1) In general
Notwithstanding
(2) Timing of payments
The airport authority's payment to U.S. Customs and Border Protection for its initial preclearance operations costs may be made in advance of the incurrence of the costs or on a reimbursable basis.
(c) Account
(1) In general
All amounts collected pursuant to any cost sharing agreement authorized under subsection (a)—
(A) shall be credited as offsetting collections to the currently applicable appropriation, account, or fund of U.S. Customs and Border Protection;
(B) shall remain available, until expended, for the purposes for which such appropriation, account, or fund is authorized to be used; and
(C) may be collected and shall be available only to the extent provided in appropriations Acts.
(2) Return of unused funds
Any advances or reimbursements not used by U.S. Customs and Border Protection may be returned to the relevant airport authority.
(3) Rule of construction
Nothing in this subsection may be construed to preclude the use of appropriated funds from sources other than the payments collected under this subchapter to pay initial preclearance operation costs.
(d) Defined term
(1) In general
In this section, the term "initial preclearance operations costs" means the costs incurred, or expected to be incurred, by U.S. Customs and Border Protection to establish or maintain preclearance operations at an airport in a foreign country, including costs relating to—
(A) hiring, training, and equipping new U.S. Customs and Border Protection officers who will be stationed at United States domestic ports of entry or other U.S. Customs and Border Protection facilities to backfill U.S. Customs and Border Protection officers to be stationed at an airport in a foreign country to conduct preclearance operations; and
(B) visits to the airport authority conducted by U.S. Customs and Border Protection personnel necessary to prepare for the establishment or maintenance of preclearance operations at such airport, including the compensation, travel expenses, and allowances payable to such personnel attributable to such visits.
(2) Exception
The costs described in paragraph (1)(A) shall not include the salaries and benefits of new U.S. Customs and Border Protection officers once such officers are permanently stationed at a domestic United States port of entry or other domestic U.S. Customs and Border Protection facility after being hired, trained, and equipped.
(e) Rule of construction
Except as otherwise provided in this section, nothing in this section may be construed as affecting the responsibilities, duties, or authorities of U.S. Customs and Border Protection.
(
Editorial Notes
References in Text
This subchapter, referred to in subsec. (c)(3), was in the original "this subtitle", meaning subtitle B (§§811–819) of title VIII of
§4436. Application to new and existing preclearance operations
Except for sections 814(d) [
(
Editorial Notes
References in Text
Sections 815 and 818, referred to in text, are sections 815 and 818 of
This subchapter, referred to in text, was in the original "this subtitle", meaning subtitle B (§§811–819) of title VIII of
SUBCHAPTER VIII—MISCELLANEOUS PROVISIONS
§4451. Report on certain U.S. Customs and Border Protection agreements
(a) In general
Not later than one year after entering into an agreement under a program specified in subsection (b), and annually thereafter until the termination of the program, the Commissioner shall submit to the Committee on Finance and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Ways and Means and the Committee on Homeland Security of the House of Representatives a report that includes the following:
(1) A description of the development of the program, including an identification of the authority under which the program operates.
(2) A description of the type of entity with which U.S. Customs and Border Protection entered into the agreement and the amount that entity reimbursed U.S. Customs and Border Protection under the agreement.
(3) An identification of the type of port of entry to which the agreement relates and an assessment of how the agreement provides economic benefits and security benefits (if applicable) at the port of entry.
(4) A description of the services provided by U.S. Customs and Border Protection under the agreement during the year preceding the submission of the report.
(5) The amount of fees collected under the agreement during that year.
(6) The total operating expenses of the program during that year.
(7) A detailed accounting of how the fees collected under the agreement have been spent during that year.
(8) A summary of any complaints or criticism received by U.S. Customs and Border Protection during that year regarding the agreement.
(9) An assessment of the compliance of the entity described in paragraph (2) with the terms of the agreement.
(10) Recommendations with respect to how activities conducted pursuant to the agreement could function more effectively or better produce economic benefits and security benefits (if applicable).
(11) A summary of the benefits to and challenges faced by U.S. Customs and Border Protection and the entity described in paragraph (2) under the agreement.
(12) If the entity described in paragraph (2) is an operator of an airport—
(A) a detailed account of the revenue collected by U.S. Customs and Border Protection at the airport from—
(i) fees collected under the agreement; and
(ii) fees collected from sources other than under the agreement, including fees paid by passengers and air carriers; and
(B) an assessment of the revenue described in subparagraph (A) compared with the operating costs of U.S. Customs and Border Protection at the airport.
(b) Program specified
A program specified in this subsection is—
(1) the program for entering into reimbursable fee agreements for the provision of U.S. Customs and Border Protection services established by section 560 of the Department of Homeland Security Appropriations Act, 2013 (division D of
(2) the pilot program authorizing U.S. Customs and Border Protection to enter into partnerships with private sector and government entities at ports of entry established by section 559 of the Department of Homeland Security Appropriations Act, 2014 (division F of
(3) the program under which U.S. Customs and Border Protection collects a fee for the use of customs services at designated facilities under
(4) the program established by subchapter VII of this chapter authorizing U.S. Customs and Border Protection to establish preclearance operations in foreign countries; or
(5) the program for entering into reimbursable fee agreements with U.S. Customs and Border Protection established under
(
Editorial Notes
References in Text
Section 560 of the Department of Homeland Security Appropriations Act, 2013 (division D of
Subchapter VII of this chapter, referred to in subsec. (b)(4), was in the original "subtitle B of title VIII of this Act", meaning subtitle B (§§811–819) of title VIII of
Amendments
2016—Subsec. (b)(5).
§4452. United States-Israel trade and commercial enhancement
(a) Findings
Congress finds the following:
(1) Israel is America's dependable, democratic ally in the Middle East—an area of paramount strategic importance to the United States.
(2) The United States-Israel Free Trade Agreement formed the modern foundation of the bilateral commercial relationship between the two countries and was the first such agreement signed by the United States with a foreign country.
(3) The United States-Israel Free Trade Agreement has been instrumental in expanding commerce and the strategic relationship between the United States and Israel.
(4) More than $45,000,000,000 in goods and services is traded annually between the two countries, in addition to roughly $10,000,000,000 in United States foreign direct investment in Israel.
(5) The United States continues to look for and find new opportunities to enhance cooperation with Israel, including through the enactment of the United States-Israel Enhanced Security Cooperation Act of 2012 (
(6) It has been the policy of the United States Government to combat all elements of the Arab League Boycott of Israel by—
(A) public statements of Administration officials;
(B) enactment of relevant sections of the Export Administration Act of 1979 (
(C) enactment of the Tax Reform Act of 1976 (
(D) ensuring through free trade agreements with Bahrain and Oman that such countries no longer participate in the Boycott; and
(E) ensuring as a condition of membership in the World Trade Organization that Saudi Arabia no longer enforces the secondary or tertiary elements of the Boycott.
(b) Statements of policy
Congress—
(1) supports the strengthening of economic cooperation between the United States and Israel and recognizes the tremendous strategic, economic, and technological value of cooperation with Israel;
(2) recognizes the benefit of cooperation with Israel to United States companies, including by improving American competitiveness in global markets;
(3) recognizes the importance of trade and commercial relations to the pursuit and sustainability of peace, and supports efforts to bring together the United States, Israel, the Palestinian territories, and others in enhanced commerce;
(4) opposes politically motivated actions that penalize or otherwise limit commercial relations specifically with Israel, such as boycotts of, divestment from, or sanctions against Israel;
(5) notes that boycotts of, divestment from, and sanctions against Israel by governments, governmental bodies, quasi-governmental bodies, international organizations, and other such entities are contrary to principle of nondiscrimination under the GATT 1994 (as defined in
(6) encourages the inclusion of politically motivated actions that penalize or otherwise limit commercial relations specifically with Israel such as boycotts of, divestment from, or sanctions against Israel as a topic of discussion at the U.S.-Israel Joint Economic Development Group (JEDG) to support the strengthening of the United States-Israel commercial relationship and combat any commercial discrimination against Israel; and
(7) supports efforts to prevent investigations or prosecutions by governments or international organizations of United States persons solely on the basis of such persons doing business with Israel, with Israeli entities, or in any territory controlled by Israel.
(c) Principal trade negotiating objectives of the United States
(1) Commercial partnerships
Among the principal trade negotiating objectives of the United States for proposed trade agreements with foreign countries regarding commercial partnerships are the following:
(A) To discourage actions by potential trading partners that directly or indirectly prejudice or otherwise discourage commercial activity solely between the United States and Israel.
(B) To discourage politically motivated boycotts of, divestment from, and sanctions against Israel and to seek the elimination of politically motivated nontariff barriers on Israeli goods, services, or other commerce imposed on Israel.
(C) To seek the elimination of state-sponsored unsanctioned foreign boycotts of Israel, or compliance with the Arab League Boycott of Israel, by prospective trading partners.
(2) Effective date
This subsection takes effect on February 24, 2016, and applies with respect to negotiations commenced before, on, or after such date.
(d) Report on politically motivated acts of boycott of, divestment from, and sanctions against Israel
(1) In general
Not later than 180 days after February 24, 2016, and annually thereafter, the President shall submit to Congress a report on politically motivated boycotts of, divestment from, and sanctions against Israel.
(2) Matters to be included
The report required by paragraph (1) shall include the following:
(A) A description of the establishment of barriers to trade, including nontariff barriers, investment, or commerce by foreign countries or international organizations against United States persons operating or doing business in Israel, with Israeli entities, or in Israeli-controlled territories.
(B) A description of specific steps being taken by the United States to encourage foreign countries and international organizations to cease creating such barriers and to dismantle measures already in place, and an assessment of the effectiveness of such steps.
(C) A description of specific steps being taken by the United States to prevent investigations or prosecutions by governments or international organizations of United States persons solely on the basis of such persons doing business with Israel, with Israeli entities, or in Israeli-controlled territories.
(D) Decisions by foreign persons, including corporate entities and state-affiliated financial institutions, that limit or prohibit economic relations with Israel or persons doing business in Israel or in any territory controlled by Israel.
(e) Certain foreign judgments against United States persons
Notwithstanding any other provision of law, no domestic court shall recognize or enforce any foreign judgment entered against a United States person that conducts business operations in Israel, or any territory controlled by Israel, if the domestic court determines that the foreign judgment is based, in whole or in part, on a determination by a foreign court that the United States person's conducting business operations in Israel or any territory controlled by Israel or with Israeli entities constitutes a violation of law.
(f) Definitions
In this section:
(1) Boycott of, divestment from, and sanctions against Israel
The term "boycott of, divestment from, and sanctions against Israel" means actions by states, nonmember states of the United Nations, international organizations, or affiliated agencies of international organizations that are politically motivated and are intended to penalize or otherwise limit commercial relations specifically with Israel or persons doing business in Israel or in any territory controlled by Israel.
(2) Domestic court
The term "domestic court" means a Federal court of the United States, or a court of any State or territory of the United States or of the District of Columbia.
(3) Foreign court
The term "foreign court" means a court, an administrative body, or other tribunal of a foreign country.
(4) Foreign judgment
The term "foreign judgment" means a final civil judgment rendered by a foreign court.
(5) Foreign person
The term "foreign person" means—
(A) an individual who is not a United States person or an alien lawfully admitted for permanent residence into the United States; or
(B) a corporation, partnership, or other nongovernmental entity which is not a United States person.
(6) Person
(A) In general
The term "person" means—
(i) a natural person;
(ii) a corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and
(iii) any successor to any entity described in clause (ii).
(B) Application to governmental entities
The term "person" does not include a government or governmental entity that is not operating as a business enterprise.
(7) United States person
The term "United States person" means—
(A) a natural person who is a national of the United States (as defined in
(B) a corporation or other legal entity that is organized under the laws of the United States, any State or territory thereof, or the District of Columbia, if natural persons described in subparagraph (A) own, directly or indirectly, more than 50 percent of the outstanding capital stock or other beneficial interest in such legal entity.
(
Editorial Notes
References in Text
The United States-Israel Enhanced Security Cooperation Act of 2012, referred to in subsec. (a)(5), is
The United States-Israel Strategic Partnership Act of 2014, referred to in subsec. (a)(5), is
The Export Administration Act of 1979, referred to in subsec. (a)(6)(B), is
The International Emergency Economic Powers Act, referred to in subsec. (a)(6)(B), is title II of
The Tax Reform Act of 1976, referred to in subsec. (a)(6)(C), is
Executive Documents
Delegation of Functions
Functions of President under subsec. (d) of this section assigned to Secretary of State, in consultation with other relevant Federal agencies, see Ex. Ord. No. 13733, §1(b), July 22, 2016, 81 F.R. 49515, set out as a note under
§4453. Report on compliance with prohibition on importation of goods made with convict, forced, or indentured labor
Not later than 180 days after February 24, 2016, and annually thereafter, the Commissioner shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on compliance with
(1) The number of instances in which merchandise was denied entry pursuant to that section during the 1-year period preceding the submission of the report.
(2) A description of the merchandise denied entry pursuant to that section.
(3) Such other information as the Commissioner considers appropriate with respect to monitoring and enforcing compliance with that section.
(
§4454. Trade preferences for Nepal
(a) Findings
Congress makes the following findings:
(1) Nepal is among the least developed countries in the world, with a per capita gross national income of $730 in 2014.
(2) Nepal suffered a devastating earthquake in April 2015, with subsequent aftershocks. More than 9,000 people died and approximately 23,000 people were injured.
(b) Eligibility requirements
(1) In general
The President may authorize the provision of preferential treatment under this section to articles that are imported directly from Nepal into the customs territory of the United States pursuant to subsection (c) if the President determines—
(A) that Nepal meets the requirements set forth in paragraphs (1), (2), and (3) of section 3703(a) 1 of this title; and
(B) after taking into account the factors set forth in paragraphs (1) through (7) of subsection (c) of section 502 of the Trade Act of 1974 (
(2) Withdrawal, suspension, or limitation of preferential treatment; mandatory graduation
The provisions of subsections (d) and (e) of section 502 of the Trade Act of 1974 (
(c) Eligible articles
(1) In general
An article described in paragraph (2) may enter the customs territory of the United States free of duty.
(2) Articles described
(A) In general
An article is described in this paragraph if—
(i)(I) the article is the growth, product, or manufacture of Nepal; and
(II) in the case of a textile or apparel article, Nepal is the country of origin of the article, as determined under section 102.21 of title 19, Code of Federal Regulations (as in effect on the day before February 24, 2016);
(ii) the article is imported directly from Nepal into the customs territory of the United States;
(iii) the article is classified under any of the following subheadings of the Harmonized Tariff Schedule of the United States (as in effect on the day before February 24, 2016):
| 4202.11.00 | 4202.22.60 | 4202.92.08 |
| 4202.12.20 | 4202.22.70 | 4202.92.15 |
| 4202.12.40 | 4202.22.80 | 4202.92.20 |
| 4202.12.60 | 4202.29.50 | 4202.92.30 |
| 4202.12.80 | 4202.29.90 | 4202.92.45 |
| 4202.21.60 | 4202.31.60 | 4202.92.60 |
| 4202.21.90 | 4202.32.40 | 4202.92.90 |
| 4202.22.15 | 4202.32.80 | 4202.99.90 |
| 4202.22.40 | 4202.32.95 | 4203.29.50 |
| 4202.22.45 | 4202.91.00 | |
| 5701.10.90 | 5702.91.30 | 5703.10.80 |
| 5702.31.20 | 5702.91.40 | 5703.90.00 |
| 5702.49.20 | 5702.92.90 | 5705.00.20 |
| 5702.50.40 | 5702.99.15 | |
| 5702.50.59 | 5703.10.20 | |
| 6117.10.60 | 6214.20.00 | 6217.10.85 |
| 6117.80.85 | 6214.40.00 | 6301.90.00 |
| 6214.10.10 | 6214.90.00 | 6308.00.00 |
| 6214.10.20 | 6216.00.80 | |
| 6504.00.90 | 6505.00.30 | 6505.00.90 |
| 6505.00.08 | 6505.00.40 | 6506.99.30 |
| 6505.00.15 | 6505.00.50 | 6506.99.60 |
| 6505.00.20 | 6505.00.60 | |
| 6505.00.25 | 6505.00.80 |
(iv) the President determines, after receiving the advice of the United States International Trade Commission in accordance with section 503(e) of the Trade Act of 1974 (
(v) subject to subparagraph (C), the sum of the cost or value of the materials produced in, and the direct costs of processing operations performed in, Nepal or the customs territory of the United States is not less than 35 percent of the appraised value of the article at the time it is entered.
(B) Exclusions
An article shall not be treated as the growth, product, or manufacture of Nepal for purposes of subparagraph (A)(i)(I) by virtue of having merely undergone—
(i) simple combining or packaging operations; or
(ii) mere dilution with water or mere dilution with another substance that does not materially alter the characteristics of the article.
(C) Limitation on United States cost
For purposes of subparagraph (A)(v), the cost or value of materials produced in, and the direct costs of processing operations performed in, the customs territory of the United States and attributed to the 35-percent requirement under that subparagraph may not exceed 15 percent of the appraised value of the article at the time it is entered.
(3) Verification with respect to transshipment for textile and apparel articles
(A) In general
Not later than January 1, April 1, July 1, and October 1 of each calendar year, the Commissioner shall verify that textile and apparel articles imported from Nepal to which preferential treatment is extended under this section are not being unlawfully transshipped into the United States.
(B) Report to President
If the Commissioner determines under subparagraph (A) that textile and apparel articles imported from Nepal to which preferential treatment is extended under this section are being unlawfully transshipped into the United States, the Commissioner shall report that determination to the President.
(d) Trade facilitation and capacity building
(1) Findings
Congress makes the following findings:
(A) As a land-locked least-developed country, Nepal has severe challenges reaching markets and developing capacity to export goods. As of 2015, exports from Nepal are approximately $800,000,000 per year, with India the major market at $450,000,000 annually. The United States imports about $80,000,000 worth of goods from Nepal, or 10 percent of the total goods exported from Nepal.
(B) The World Bank has found evidence that the overall export competitiveness of Nepal has been declining since 2005. Indices compiled by the World Bank and the Organization for Economic Co-operation and Development found that export costs in Nepal are high with respect to both air cargo and container shipments relative to other low-income countries. Such indices also identify particular weaknesses in Nepal with respect to automation of customs and other trade functions, involvement of local exporters and importers in preparing regulations and trade rules, and export finance.
(C) Implementation by Nepal of the Agreement on Trade Facilitation of the World Trade Organization could directly address some of the weaknesses described in subparagraph (B).
(2) Establishment of trade facilitation and capacity building program
Not later than 180 days after February 24, 2016, the President shall, in consultation with the Government of Nepal, establish a trade facilitation and capacity building program for Nepal—
(A) to enhance the central export promotion agency of Nepal to support successful exporters and to build awareness among potential exporters in Nepal about opportunities abroad and ways to manage trade documentation and regulations in the United States and other countries;
(B) to provide export finance training for financial institutions in Nepal and the Government of Nepal;
(C) to assist the Government of Nepal in maintaining publication on the Internet of all trade regulations, forms for exporters and importers, tax and tariff rates, and other documentation relating to exporting goods and developing a robust public-private dialogue, through its National Trade Facilitation Committee, for Nepal to identify timelines for implementation of key reforms and solutions, as provided for under the Agreement on Trade Facilitation of the World Trade Organization; and
(D) to increase access to guides for importers and exporters, through publication of such guides on the Internet, including rules and documentation for United States tariff preference programs.
(e) Reporting requirement
Not later than one year after February 24, 2016, and annually thereafter, the President shall monitor, review, and report to Congress on the implementation of this section, the compliance of Nepal with subsection (b)(1), and the trade and investment policy of the United States with respect to Nepal.
(f) Termination of preferential treatment
No preferential treatment extended under this section shall remain in effect after December 31, 2025.
(g) Effective date
The provisions of this section shall take effect on the date that is 30 days after February 24, 2016.
(
Editorial Notes
References in Text
The Trade Act of 1974, referred to in subsec. (b)(2), is
The Harmonized Tariff Schedule of the United States, referred to in subsec. (c)(2)(A)(iii), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under
Executive Documents
Delegation of Functions
Functions of President under subsec. (d) of this section assigned to the Administrator of the United States Agency for International Development, in consultation with the Secretary of State and the United States Trade Representative, and under subsec. (e) of this section assigned to the United States Trade Representative, in consultation with the Secretary of State, see Ex. Ord. No. 13733, §1(c), (d), July 22, 2016, 81 F.R. 49515, set out as a note under