PUBLIC LAW 110–138—DEC. 14, 2007
121 STAT. 1487
dkrause on GSDDPC44 with PUBLAW
or exporter in Peru is complying with all applicable laws, regulations, and other measures of Peru governing the harvest of, and trade in, timber products. (c) VERIFICATION.— (1) IN GENERAL.—The Committee may request the Government of Peru to conduct a verification, pursuant to paragraph 7 of Annex 18.3.4 of the Agreement, for the purpose of determining whether, with respect to a particular shipment of timber products from Peru to the United States, the producer or exporter of the products has complied with applicable laws, regulations, and other measures of Peru governing the harvest of, and trade in, the products. (2) ACTIONS OF COMMITTEE.—If the Committee requests a verification under paragraph (1), the Committee shall— (A) to the extent authorized under law, provide the Government of Peru with trade and transit documents and other information to assist Peru in conducting the verification; and (B) direct U.S. Customs and Border Protection to take any appropriate action described in paragraph (4). (3) REQUEST TO PARTICIPATE IN VERIFICATION VISIT.—The Committee may request the Government of Peru to permit officials of any agency represented on the Committee to participate in any visit conducted by Peru of the premises of a person that is the subject of the verification requested under paragraph (1) (in this section referred to as a ‘‘verification visit’’). Such request shall be submitted in writing not later than 10 days before any scheduled verification visit and shall identify the names and titles of the officials intending to participate. (4) APPROPRIATE ACTION PENDING THE RESULTS OF VERIFICATION.—While the results of a verification requested under paragraph (1) are pending, the Committee may direct U.S. Customs and Border Protection to— (A) detain the shipment that is the subject of the verification; or (B) if the Committee has requested under paragraph (3) to have an official of any agency represented on the Committee participate in the verification visit and the Government of Peru has denied the request, deny entry to the shipment that is the subject of the verification. (5) DETERMINATION UPON RECEIPT OF REPORT.— (A) IN GENERAL.—Within a reasonable time after the Government of Peru provides a report to the Committee describing the results of a verification requested under paragraph (1), the Committee shall determine whether any action is appropriate. (B) DETERMINATION OF APPROPRIATE ACTION.—In determining the appropriate action to take and the duration of the action, the Committee shall consider any relevant factors, including— (i) the verification report issued by the Government of Peru; (ii) any information that officials of the United States have obtained regarding the shipment or person that is the subject of the verification; and (iii) any information that officials of the United States have obtained during a verification visit.
VerDate Aug 31 2005
07:12 Jan 26, 2009