§1415. International commitments

(a) Limitation on application of ban on imports

Except as provided in subsection (b) of this section, the Secretary of the Treasury shall not, under section 1371(a)(2)(A) and (B) of this title, ban the importation of yellowfin tuna or yellowfin tuna products from a country that transmits to the Secretary of State a formal communication in which the country commits to-

(1) implement a moratorium of at least 5 years duration beginning March 1, 1994, on the practice of harvesting tuna through the use of purse seine nets deployed on or to encircle dolphins or other marine mammals unless the moratorium is terminated in accordance with section 1412(c) of this title;

(2) require an observer on each vessel of the country larger than 400 short tons carrying capacity which engages in purse seine fishing for yellowfin tuna in the eastern tropical Pacific Ocean, and ensure that at least 50 percent of all such observers are responsible to, and supervised by, a competent regional organization;

(3) reduce the dolphin mortality resulting from purse seine net operations conducted by vessels of the country in 1992 to a level that is lower than such mortality in 1991 by a statistically significant margin; and

(4) reduce the dolphin mortality resulting from purse seine net operations conducted by vessels of the country in the period beginning January 1, 1993, and ending February 28, 1994, to a level that is lower than such mortality in 1992 by a statistically significant margin.

(b) Subsequent bans on fish and fish product imports for failure to comply with commitments

(1) Ban on imports of yellowfin tuna and yellowfin tuna products

The Secretary, in consultation with the Secretary of State, shall periodically determine whether each country which has transmitted a formal communication expressing the commitments described in subsection (a) of this section is fully implementing those commitments. If the Secretary determines that any such country is not implementing those commitments-

(A) the Secretary shall notify the President and the Congress of that determination; and

(B) 15 days after such notification, the Secretary of the Treasury shall ban the importation from that country of all yellowfin tuna and yellowfin tuna products.

(2) Ban on imports of other fish and fish products

(A) In general

If-

(i) a country does not, within 60 days after the establishment with respect to that country of a ban on importation under paragraph (1)(B), certify and provide reasonable proof to the Secretary that the country has fully implemented the commitment described in subsection (a)(1) of this section or has taken the necessary actions to remedy its failure to comply with the commitments described in subsection (a)(2), (3), and (4) of this section; and

(ii) the Secretary does not, before the end of that 60-day period, certify to the President that the country has provided such certification and proof;

the President shall direct the Secretary of the Treasury to ban the importation from that country of all articles (other than those subject to an importation ban under paragraph (1)(B)) that are classified under one or more of those fish and fish product categories that the President, subject to subparagraph (B), considers appropriate to carry out this paragraph.

(B) Ban criteria

The one or more fish and fish product categories to which the President imposes an import ban under subparagraph (A) with respect to a country must be a fish and fish product category or categories with respect to which the articles classified thereunder and imported from that country in the base year had an aggregate customs valuation equal to 40 percent of the aggregate customs valuation of all articles classified under all fish and fish product categories that were imported from that country during the base year.

(C) "Base year" defined

For purposes of subparagraph (B), the term "base year" means the calendar year immediately occurring before the calendar year in which the import ban under subparagraph (A) commences with respect to the country.

(3) Duration of import bans

Bans on importation imposed under paragraphs (1) and (2) with respect to a country shall continue in effect until the Secretary determines that the country is implementing the commitments described in subsection (a) of this section.

(4) Implementation of import bans

The Secretary of the Treasury shall take such action as may be necessary or appropriate to implement importation bans imposed under paragraphs (1) and (2).

(c) Reviews and reports

The Secretary, in consultation with the Secretary of State, shall-

(1) periodically review the activities of countries which have transmitted to the Secretary of State formal communications expressing the commitments described in subsection (a) of this section, to determine whether those countries are complying with those commitments; and

(2) include the results of those reviews in annual reports submitted to the Congress pursuant to section 1414(a) of this title.

(Pub. L. 92–522, title III, §305, as added Pub. L. 102–523, §2(a), Oct. 26, 1992, 106 Stat. 3428 .)

Codification

Another section 305 of Pub. L. 92–522 was renumbered section 405 and is classified to section 1421d of this title.

Section Referred to in Other Sections

This section is referred to in sections 1413, 1414, 1417 of this title.