Page:United States Statutes at Large Volume 105 Part 2.djvu/286

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105 STAT. 1238 PUBLIC LAW 102-182—DEC. 4, 1991 such preferential treatment has, or is likely to have, a significant adverse effect on United States commerce, unless the President— (A) has received assurances satisfactory to him that such preferential treatment will be eliminated or that action will be taken to assure that there will be no such significant adverse effect, and (B) reports those assurances to the Congress; (5) if a government-owned entity in such country engages in the broadcast of copyrighted material, including films or television material, belonging to United States copyright owners without their express consent or such country fails to work towards the provision of adequate and effective protection of intellectual property rights; (6) unless such country is a signatory to a treaty, convention, protocol, or other agreement regarding the extradition of United States citizens; and (7) if such country has not or is not taking steps to afford internationaly recognized worker rights (as defined in section 502(a)(4) of the Trade Act of 1974) to workers in the country (including any designated zone in that country). Paragraphs (1), (2), (3), (5), and (7) shall not prevent the designation of any country as a beneficiary country under this title if the President determines that such designation will be in the national economic or security interest of the United States and reports such determination to the Congress with his reasons therefor. (d) FACTORS AFFECTING DESIGNATION.— In determining whether to designate any country a beneficiary country under this title, the President shall take into account— (1) an expression by such country of its desire to be so designated; (2) the economic conditions in such country, the living standards of its inhabitants, and any other economic factors which he deems appropriate; (3) the extent to which such country has assured the United States it will provide equitable and reasonable access to the markets and basic commodity resources of such country; (4) the degree to which such country follows the accepted rules of international trade provided for under the General Agreement on Tariffs and Trade, as well as applicable trade agreements approved under section 2(a) of the Trade Agreements Act of 1979; (5) the degree to which such country uses export subsidies or imposes export performance requirements or local content requirements which distort international trade; (6) the degree to which the trade policies of such country as they relate to other beneficiary countries are contributing to the revitalization of the region; (7) the degree to which such country is undertaking self-help measures to protect its own economic development; (8) whether or not such country has taken or is taking steps to afford to workers in that country (including any designated zone in that country) internationaly recognized worker rights; (9) the extent to which such country provides under its law adequate and effective means for foreign nationals to secure, exercise, and enforce exclusive rights in intellectual property, including patent, trademark, and copyright rights;