12 2 STA T . 2 30 3 PUBLIC LA W 110 – 2 46—J U NE 1 8, 2008 me e ting t h e r e qu irement s set fo rth in su bpa ragraph (A), the P resi d ent sha l l terminate the preferential treatment pro v ided under subse c tion (b), unless the President determines, after consulting w ith the appro - priate congressional committees, that meeting such requirements is not practicable because of e x traor- dinar y circumstances existing in H aiti when the deter- mination is made .‘ ‘(ii) SUBSEQ UE NTCOMPLIA NCE. —I f the President, after terminating preferential treatment under clause (i), determines that Haiti is meeting the requirements set forth in subparagraph (A), the President shall reinstate the application of preferential treatment under subsection (b). ‘‘( 2 ) L ABO R OMBU D SMAN.— ‘‘(A) IN G ENERAL.— T he requirement under this para- graph is that Haiti has established an independent Labor O mbudsman ’ s Office within the national government that— ‘‘(i) reports directly to the President of Haiti
‘‘(ii) is headed by a Labor Ombudsman chosen by the President of Haiti, in consultation with Haitian labor unions and industry associations; and ‘‘(iii) is vested with the authority to perform the functions described in subparagraph ( B ). ‘‘(B) F UNCTIONS.—The functions of the Labor Ombuds- man’s Office shall include— ‘‘(i) developing and maintaining a registry of pro- ducers of articles for which duty-free treatment may be requested under subsection (b), and developing, in consultation and coordination with any other appro- priate officials of the G overnment of Haiti, a system to ensure participation by such producers in the TAI CN A R Program described in paragraph ( 3 ); ‘‘(ii) overseeing the implementation of the TAICNAR Program described in paragraph (3); ‘‘(iii) receiving and investigating comments from any interested party regarding the conditions described in paragraph (3)(B) in facilities of producers listed in the registry described in clause (i) and, where appro- priate, referring such comments or the result of such investigations to the appropriate Haitian authorities, or to the entity operating the TAICNAR Program described in paragraph (3); ‘‘(iv) assisting, in consultation and coordination with any other appropriate Haitian authorities, pro- ducers listed in the registry described in clause (i) in meeting the conditions set forth in paragraph (3)(B); and ‘‘(v) coordinating, with the assistance of the entity operating the TAICNAR Program described in para- graph (3), a tripartite committee comprised of appro- priate representatives of government agencies, employers, and wor k ers, as well as other relevant interested parties, for the purposes of evaluating progress in implementing the TAICNAR Program described in paragraph (3), and consulting on improving core labor standards and working conditions
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