Overview and Compilation of U.S. Trade Statutes

(2) any person, other than an individual, that willfully vi lates the provisions of this Act, or any regulation, license, order issued to carry out this Act shall be fined not more tha $1,000,000;

(3) any individual who willfully violates the provisions of th Act or any regulation, license, or order issued to carry out th Act shall be fined not more than $50,000, or imprisoned no more than 10 years, or both; and

(4) any individual who violates section 301(a) or any regul tions issued to carry out that section shall, instead of the per alty set forth in paragraph (2), be fined not more than 5 time the value of the krugerrands or gold coins involved. (c)(1) Whenever a person commits a violation under subsectio (b)—

(A) any officer, director, or employee of such person, or an natural person in control of such person who knowingly an willfully ordered, authorized, acquiesced in, or carried out th act or practice constituting the violation, and

(B) any agent of such person who knowingly and willfull carried out such act or practice,

shall be fined not more than $10,000, or imprisoned not more tha 5 years, or both.

(2) Paragraph (1) shall not apply in the case of a violation by a individual of section 301(a) of this Act or of any regulation issue to carry out that section.

(3) A fine imposed under paragraph (1) on an individual for a act or practice constituting a violation may not be paid, directly indirectly, by the person committing the violation itself.

(d)(1) Any person who violates any regulation issued under se tion 208(d) or who, in a registration statement or report require by the Secretary of State, makes any untrue statement of a materi al fact or omits to state a material fact required to be stated there in or necessary to make the statements therein not misleading shall be subject to civil penalty of not more than $10,000 imposet by the Secretary of State. The provisions of subsections (d), (e), and (f) of section 11 of the Export Administration Act of 1979 shal apply with respect to any such civil penalty.

(2) Any person who commits a willful violation under paragraph (1) shall upon conviction be fined not more than $1,000,000 or im prisoned not more than 2 years, or both.

(3) Nothing in this section may be construed to authorize the im position of any penalty for failure to implement the Code of Con duct.

APPLICABILITY TO EVASIONS OF ACT

SEC. 604. This Act and the regulations issued to carry out this Act shall apply to any person who undertakes or causes to be un dertaken any transaction or activity with the intent to evade this Act or such regulations.

[SEC. 605. CONSTRUCTION OF ACT]

[SEC. 606. STATE OR LOCAL ANTI-APARTHEID LAWS, ENFORCE]

Chapter 13: RECIPROCAL TRADE AGREEMENTS

A. Trade Agreement Authorities and Negotiating Objectives 1. U.S. Negotiating Objectives Section 1101 of Omnibus Trade and Competitiveness Act of 1988

[19 U.S.C. 2901; P.L. 100-418]

SEC. 1101. OVERALL AND PRINCIPAL TRADE NEGOTIATING OBJECTIVES OF THE UNITED STATES.

(a) OVERALL Trade NegotiaTING OBJECTIVES.-The overall trade negotiating objectives of the United States are to obtain

(1) more open, equitable, and reciprocal market access;

(2) the reduction or elimination of barriers and other tradedistorting policies and practices; and

(3) a more effective system of international trading disciplines and procedures.

(b) PRINCIPAL TRADE NEGOTIATING OBJECTIVES.

(1) DISPUTE SETTLEMENT.-The principal negotiating objectives of the United States with respect to dispute settlement

are

(A) to provide for more effective and expeditious dispute settlement mechanisms and procedures; and

(B) to ensure that such mechanisms within the GATT and GATT agreements provide for more effective and expeditious resolution of disputes and enable better enforcement of United States rights.

(2) IMPROVEMENT OF THE GATT AND MULTILATERAL TRADE NEGOTIATION AGREEMENTS.-The principal negotiating objectives of the United States regarding the improvement of GATT and multilateral trade negotiation agreements are

(A) to enhance the status of the GATT;

(B) to improve the operation and extend the coverage of the GATT and such agreements and arrangements to products, sectors, and conditions of trade not adequately covered; and

(3) TRANSPARENCY.-The principal negotiating objective of the United States regarding transparency is to obtain broader application of the principle of transparency and clarification of the costs and benefits of trade policy actions through the observance of open and equitable procedures in trade matters by Contracting Parties to the GATT.

(4) DEVELOPING COUNTRIES.-The principal negotiating objectives of the United States regarding developing countries are(A) to ensure that developing countries promote economic development by assuming the fullest possible measure of

responsibility for achieving and maintaining an open international trading system by providing reciprocal benefits and assuming equivalent obligations with respect to their import and export practices; and

(B) to establish procedures for reducing nonreciprocal trade benefits for the more advanced developing countries. (5) CURRENT ACCOUNT SURPLUSES.-The principal negotiating objective of the United States regarding current account surpluses is to develop rules to address large and persistent global current account imbalances of countries, including imbalances which threaten the stability of the international trading system, by imposing greater responsibility on such countries to undertake policy changes aimed at restoring current account equilibrium, including expedited implementation of trade agreements where feasible and appropriate.

(6) TRADE AND MONETARY COORDINATION.-The principal negotiating objective of the United States regarding trade and monetary coordination is to develop mechanisms to assure greater coordination, consistency, and cooperation between international trade and monetary systems and institutions.

(7) AGRICULTURE.-The principal negotiating objectives of the United States with respect to agriculture are to achieve, on an expedited basis to the maximum extent feasible, more open and fair conditions of trade in agricultural commodities by

(A) developing, strengthening, and clarifying rules for agricultural trade, including disciplines on restrictive or trade-distorting import and export practices;

(B) increasing United States agricultural exports by eliminating barriers to trade (including transparent and nontransparent barriers) and reducing or eliminating the subsidization of agricultural production consistent with the United States policy of agricultural stabilization in cyclical and unpredictable markets;

(C) creating a free and more open world agricultural trading system by resolving questions pertaining to export and other trade-distorting subsidies, market pricing and market access and eliminating and reducing substantially other specific constraints to fair trade and more open market access, such as tariffs, quotas, and other nontariff practices, including unjustified phytosanitary and sanitary restrictions; and

(D) seeking agreements by which the major agricultural exporting nations agree to pursue policies to reduce excessive production of agricultural commodities during periods of oversupply, with due regard for the fact that the United States already undertakes such policies, and without recourse to arbitrary schemes to divide market shares among major exporting countries.

(8) UNFAIR TRADE PRACTICES.-The principal negotiating objectives of the United States with respect to unfair trade practices are

(A) to improve the provisions of the GATT and nontariff measure agreements in order to define, deter, discourage the persistent use of, and otherwise discipline unfair trade

practices having adverse trade effects, including forms of subsidy and dumping and other practices not adequately covered such as resource input subsidies, diversionary dumping, dumped or subsidized inputs, and export targeting practices;

(B) to obtain the application of similar rules to the treatment of primary and nonprimary products in the Agreement on Interpretation and Application of Articles VI, XVI, and XXIII of the GATT (relating to subsidies and countervailing measures); and

(ii) the acts, practices, or policies of any foreign government which, as a practical matter, unreasonably require that

(I) substantial direct investment in the foreign country be made,

(II) intellectual property be licensed to the foreign country or to any firm of the foreign country,

(III) other collateral concessions be made, as a condition for the importation of any product or service of the United States into the foreign country or as a condition for carrying on business in the foreign country.

(9) TRADE IN SERVICES.

(A) The principal negotiating objectives of the United States regarding trade in services are

(i) to reduce or to eliminate barriers to, or other distortions of, international trade in services, including barriers that deny national treatment and restrictions on establishment and operation in such markets; and (ii) to develop internationally agreed rules, including dispute settlement procedures, which

(I) are consistent with the commercial policies of the United States, and

(II) will reduce or eliminate such barriers or distortions, and help ensure fair, equitable opportunities for foreign markets.

(B) In pursuing the negotiating objectives described in subparagraph (A), United States negotiators shall take into account legitimate United States domestic objectives including, but not limited to, the protection of legitimate health or safety, essential security, environmental, consumer or employment opportunity interests and the law and regulations related thereto.

(10) INTELLECTUAL PROPERTY.-The principal negotiating objectives of the United States regarding intellectual property

are

(A) to seek the enactment and effective enforcement by foreign countries of laws which

(i) recognize and adequately protect intellectual property, including copyrights, patents, trademarks,

semiconductor chip layout designs, and trade secrets,

and

(ii) provide protection against unfair competition, (B) to establish in the GATT obligations—

(i) to implement adequate substantive standards based on

(I) the standards in existing international agreements that provide adequate protection, and

(II) the standards in national laws if international agreement standards are inadequate or do not exist,

(ii) to establish effective procedures to enforce, both internally and at the border, the standards implemented under clause (i), and

(iii) to implement effective dispute settlement procedures that improve on existing GATT procedures; (C) to recognize that the inclusion in the GATT of—

(i) adequate and effective substantive norms and standards for the protection and enforcement of intellectual property rights, and

(ii) dispute settlement provisions and enforcement procedures,

is without prejudice to other complementary initiatives undertaken in other international organizations; and

(D) to supplement and strengthen standards for protection and enforcement in existing international intellectual property conventions administered by other international organizations, including their expansion to cover new and emerging technologies and elimination of discrimination or unreasonable exceptions or preconditions to protection. (11) FOREIGN DIRECT INVESTMENT.

(A) The principal negotiating objectives of the United States regarding foreign direct investment are

(i) to reduce or to eliminate artificial or trade-distorting barriers to foreign direct investment, to expand the principle of national treatment, and to reduce unreasonable barriers to establishment; and

(ii) to develop internationally agreed rules, including dispute settlement procedures, which—

(I) will help ensure a free flow of foreign direct investment, and

(II) will reduce or eliminate the trade distortive effects of certain trade-related investment meas

ures.

(12) SAFEGUARDS.-The principal negotiating objectives of the United States regarding safeguards are

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