Page:United States Statutes at Large Volume 97.djvu/418

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97 STAT. 386 PUBLIC LAW 98-67 —AUG. 5, 1983 Determination submittal to Congress. Determi nations based on U.S. national interest, report to Congress. Designation criteria. (ii) good-faith negotiations to provide prompt, ade- quate, and effective compensation under the applicable provisions of international law are in progress, or such country is otherwise taking steps to discharge its obli- gations under international law with respect to such citizen, corporation, partnership, or association, or (iii) a dispute involving such citizen, corporation, partnership, or association, over compensation for such a seizure has been submitted to arbitration under the provisions of the Convention for the Settlement of Investment Disputes, or in another mutually agreed upon forum, and promptly furnishes a copy of such determination to the Senate and House of Representatives; (3) if such country fails to act in good faith in recognizing as binding or in enforcing arbitral awards in favor of United States citizens or a corporation, partnership or association which is 50 per centum or more beneficially owned by United States citi- zens, which have been made by arbitrators appointed for each case or by permanent arbitral bodies to which the parties involved have submitted their dispute; (4) if such country affords preferential treatment to the prod- ucts of a developed country, other than the United States, which has, or is likely to have, a significant adverse effect on United States commerce, unless the President 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 he 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 televi- sion material, belonging to United States copyright owners without their express consent; (6) if such country does not take adequate steps to cooperate with the United States to prevent narcotic drugs and other controlled substances (as listed in the schedules in section 202 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 812)) produced, processed, or transported in such country from entering the United States unlawfully; and (7) unless such country is a signatory to a treaty, convention, protocol, or other agreement regarding the extradition of United States citizens. Paragraphs (1), (2), (3), and (5) shall not prevent the designation of any country as a beneficiary country under this Act if the President determines that such designation will be in the national economic or security interest of the United States and reports such determina- tion to the Congress with his reasons therefor, (c) 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 stand- ards 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;