Page:United States Statutes at Large Volume 98 Part 3.djvu/629

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-573—OCT. 30, 1984

98 STAT. 3001

(2) to improve the ability of the President— (A) to identify and to analyze barriers to (and restrictions on) United States trade and investment, and (B) to achieve the elimination of such barriers and restrictions; (3) to encourage the expansion of— (A) international trade in services through the negotiation of agreements (both bilateral and multilateral) which reduce or eliminate barriers to international trade in services, and (B) United States service industries in foreign commerce; and (4) to enhance the free flow of foreign direct investment through the negotiation of agreements (both bilateral and multilateral) which reduce or eliminate the trade distortive effects of certain investment-related measures. SEC. 303. ANALYSIS OF FOREIGN TRADE BARRIERS.

(a) Title I (19 U.S.C. 2111 et seq.) is amended by adding at the end thereof the following new chapter:

"CHAPTER 8—BARRIERS TO MARKET ACCESS "SEC. 181. ACTIONS CONCERNING BARRIERS TO MARKET ACCESS. "(a) NATIONAL TRADE ESTIMATES.—

"(1) IN GENERAL.—Not later than the date on which the initial report is required under subsection (b)(1), the United States Trade Representative, through the interagency trade organization established pursuant to section 242(a) of the Trade Expansion Act of 1962 shall— "(A) identify and analyze acts, policies, or practices which constitute significant barriers to, or distortions of— "(i) United States exports of goods or services (including agricultural commodities; and property protected by trademarks, patents, and copjn-ights exported or licensed by United States persons), and "(ii) foreign direct investment by United States persons, especially if such investment has implications for trade in goods or services; and "(B) make an estimate of the trade-distorting impact on United States commerce of any act, policy, or practice identified under subparagraph (A).

19 USC 2241.

19 USC 1872.

"(2) CERTAIN FACTORS TAKEN INTO ACCOUNT IN MAKING ANALY-

SIS AND ESTIMATE.—In making any analysis or estimate under paragraph (1), the Trade Representative shall take into account— "(A) the relative impact of the act, policy, or practice on United States commerce; "(B) the availability of information to document prices, market shares, and other matters necessary to demonstrate the effects of the act, policy, or practice; "(C) th3 extent to which such act, policy, or practice is subject to international agreements to which the United States is a party; and "(D) any advice given through appropriate committees established pursuant to section 135.

19 USC 2155.