19 § 2437
CUSTOMS DUTIES
70
71
CUSTOMS DUTIES
§ 2437. Procedure for Congressional approval or disapproval of extension of
nondiscriminatory treatment and Presidential reports
Unconstitutionality of Legislative Veto Provisions
The provisions of section 1254(c)(2) of Title 8, Aliens and Nationality, which authorize a House of Congress, by resolution, to invalidate an action of the Executive Branch, were declared unconstitutional in Immi- gration and Naturalization Service v. Chadha, 1983, 103 S.Ct. 2764. See similar provisions in this section.
§ 2440. East-West Trade Statistics Monitoring System
Transfer of Functions. The East-West Foreign Trade Board was abolished by Reorg. Plan No. 3 of 1979, § 6, 44 Stat. 69275, 93 Stat. 1381, eff. Jan. 2, 1980, as provided by section 1-107(a) of Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 993, set out as notes under section 2171 of this title, and
§ 2441. East-West Foreign Trade Board
(a) Establishment; purpose
the functions of the Board under subsecs. (a) and (b) of this section transferred to the interagency organization established under section 1872 of this title, and the functions of the Board under subsec. (c) of this section transferred to the President by section 5(c) and (e) of Reorg. Plan No. 3 of 1979.
The President shall establish an East-West Foreign Trade Board (hereinafter referred to as the "Board") to monitor trade between persons and agencies of the United States Government and nonmarket economy countries or instrumentalities of such countries to insure that such trade will be in the national interest of the United States.
(b) Reports to Board
(1) Any person who exports technology vital to the national interest of the United States to a nonmarket economy country or an instrumentality of such country, and any agency of the United States which provides credits, guarantees or insurance to such country or such instrumentality in an amount in excess of $5,000,000 during any calendar year, shall file a report with the Board in such form and manner as the Board requires which describes the nature and terms of such export or such provision.
(2) For purposes of paragraph (1), if the total amount of credits, guarantees and insurance which an agency of the United States provides to all nonmarket economy countries and the instrumentalities of such countries exceeds $5,000,000 during a calendar year, then all subsequent provisions of credits, guarantees or insurance in any amount, during such year shall be reported to the Board under the provisions of paragraph (1).
(c) Report of Board to Congress
The Board shall submit to Congress a quarterly report on trade between the United States and nonmarket economy countries and instrumentalities of such countries. Such report shall include a review of the status of negotiations of bilateral trade agreements between the United States and such countries under this subchapter, the activities of joint trade commissions created pursuant to such agreements, the resolution of commercial disputes between the United States and such countries, any exports from such countries which have caused disruption of United States markets, and recommendations for the promotion of east-west trade in the national interest of the United States.
(Pub. L. 93-618, Title IV, § 411, Jan. 3, 1975, 88 Stat. 2065.)
Transfer of Functions. The East-West Foreign Trade Board was abolished by Reorg. Plan No. 3 of 1979, § 6, 44 Stat. 69275, 93 Stat. 1381, eff. Jan. 2, 1980, as provided by section 1-107(a) of Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 993, set out as notes under section 2171 of this title, and
the functions of the Board under subsecs. (a) and (b) of this section transferred to the interagency organization established under section 1872 of this title, and the functions of the Board under subsec. (c) of this section transferred to the President by section 5(c) and (e) of Reorg. Plan No. 3 of 1979.
EXECUTIVE ORDER NO. 1:
March 26, 1984, 49 F.R. 11
DELEGATION OF FUNCTIC
By the authority vested in me as President by the Constitution and the statutes of the United States of America, including section 301 of Title 3 of the United States Code (3 U.S.C. 301) [section 301 of Title 3, The President] and section 411(c) of the Trade Act of 1974 (19 U.S.C. 2441(c)) {subsec. (c) of this section], in order to provide for more efficient reporting to the Congress, it is hereby ordered as follows:
Section 1. The reporting functions of the East- West Foreign Trade Board under section 411(c) of
the Trade A sec. (c) of President by
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Sec. 2. T in the Feder.
SUBCHAPTER V-GENERALIZED SYSTEM
§ 2461. Authority to extend preferences
The President may provide duty-free treatment for beneficiary developing country in accordance with the In taking any such action, the President shall have di (1) the effect such action will have on furthering developing countries through the expansion of th (2) the extent to which other major developed comparable effort to assist developing countries t ences with respect to imports of products of such (3) the anticipated impact of such action on Uni! directly competitive products; and
(4) the extent of the beneficiary developing co respect to eligible articles.
{As amended Pub.L. 98–573, Title V, § 502, Oct. 30, 1984, 98
1984 Amendment. Par. (1). Pub. L. 98-573, § 502(1), inserted “through the expansion of their exports" before the semicolon at the end of par. (1).
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Par. (4). Pub. L. 98-573, § 502(2) to (4), add- ed par. (4).
Effective Date of 1984 Amendment. Section "The 508 of Pub. L. 98-573 provided that: amendments made by this title [enacting section 2466 of this title, amending this section and sec- tions 2462, 2463, 2464, and 2465 of this title, and enacting provisions set out as notes under this section and section 2101 of this title] shall take effect on January 4, 1985."
Short Title of 1984 Amendment. For short title of Title V of Pub. L. 98-573 as the "General- ized System of Preferences Renewal Act of 1984", see section 501(a) of Pub.L. 98-573, set out as a note under section 2101 of this title.
Statement of Purpose for Generalized System of Preferences Renewal Act of 1984. Section 501(b) of Pub. L. 98-573 provided that:
The purpose of this title [see Short Title of 1984 Amendment note set out under section 2101 of this title] is to—
•
"(1) promote the development of developing countries, which often need temporary preferen- tial advantages to compete effectively with in- dustrialized countries;
"(2) promote the notion that trade, rather than aid, is a more effective and cost-efficient
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