                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 12--TRADE ACT OF 1974
 
              SUBCHAPTER I--NEGOTIATING AND OTHER AUTHORITY
 
             Part 1--Rates of Duty and Other Trade Barriers
 
Sec. 2114a. Negotiating objectives with respect to trade in 
        services, foreign direct investment, and high technology 
        products
        

(a) Trade in services

                           (1) In general

        Principal United States negotiating objectives under section 
    2112 of this title shall be--
            (A) to reduce or to eliminate barriers to, or other 
        distortions of, international trade in services (particularly 
        United States service sector trade in foreign markets), 
        including barriers that deny national treatment and restrictions 
        on the establishment and operation in such markets; and
            (B) to develop internationally agreed rules, including 
        dispute settlement procedures, which--
                (i) are consistent with the commercial policies of the 
            United States, and
                (ii) will reduce or eliminate such barriers or 
            distortions and help ensure open international trade in 
            services.

                       (2) Domestic objectives

        In pursuing the objectives described in paragraph (1), United 
    States negotiators shall take into account legitimate United States 
    domestic objectives including, but not limited to, the protection of 
    legitimate health or safety, essential security, environmental, 
    consumer or employment opportunity interests and the laws and 
    regulations related thereto.

(b) Foreign direct investment

                           (1) In general

        Principal United States negotiating objectives under section 
    2112 of this title shall be--
            (A) to reduce or to eliminate artificial or trade-distorting 
        barriers to foreign direct investment, to expand the principle 
        of national treatment, and to reduce unreasonable barriers to 
        establishment; and
            (B) to develop internationally agreed rules, including 
        dispute settlement procedures, which--
                (i) will help ensure a free flow of foreign direct 
            investment, and
                (ii) will reduce or eliminate the trade distortive 
            effects of certain investment related measures.

                       (2) Domestic objectives

        In pursuing the objectives described in paragraph (1), United 
    States negotiators shall take into account legitimate United States 
    domestic objectives including, but not limited to, the protection of 
    legitimate health or safety, essential security, environmental, 
    consumer or employment opportunity interests and the laws and 
    regulations related thereto.

(c) High technology products

    Principal United States negotiating objectives shall be--
        (1) to obtain and preserve the maximum openness with respect to 
    international trade and investment in high technology products and 
    related services;
        (2) to obtain the elimination or reduction of, or compensation 
    for, the significantly distorting effects of foreign government 
    acts, policies, or practices identified in section 2241 of this 
    title, with particular consideration given to the nature and extent 
    of foreign government intervention affecting United States exports 
    of high technology products or investments in high technology 
    industries, including--
            (A) foreign industrial policies which distort international 
        trade or investment;
            (B) measures which deny national treatment or otherwise 
        discriminate in favor of domestic high technology industries;
            (C) measures which fail to provide adequate and effective 
        means for foreign nationals to secure, exercise, and enforce 
        exclusive rights in intellectual property (including trademarks, 
        patents, and copyrights);
            (D) measures which impair access to domestic markets for key 
        commodity products; and
            (E) measures which facilitate or encourage anticompetitive 
        market practices or structures;

        (3) to obtain commitments that official policy of foreign 
    countries or instrumentalities will not discourage government or 
    private procurement of foreign high technology products and related 
    services;
        (4) to obtain the reduction or elimination of all tariffs on, 
    and other barriers to, United States exports of high technology 
    products and related services;
        (5) to obtain commitments to foster national treatment;
        (6) to obtain commitments to--
            (A) foster the pursuit of joint scientific cooperation 
        between companies, institutions or governmental entities of the 
        United States and those of the trading partners of the United 
        States in areas of mutual interest through such measures as 
        financial participation and technical and personnel exchanges, 
        and
            (B) ensure that access by all participants to the results of 
        any such cooperative efforts should not be impaired; and

        (7) to provide effective minimum safeguards for the acquisition 
    and enforcement of intellectual property rights and the property 
    value of proprietary data.

(d) Definition of barriers and other distortions

    For purposes of subsection (a) of this section, the term ``barriers 
to, or other distortions of, international trade in services'' includes, 
but is not limited to--
        (1) barriers to establishment in foreign markets, and
        (2) restrictions on the operation of enterprises in foreign 
    markets, including--
            (A) direct or indirect restrictions on the transfer of 
        information into, or out of, the country or instrumentality 
        concerned, and
            (B) restrictions on the use of data processing facilities 
        within or outside of such country or instrumentality.

(Pub. L. 93-618, title I, Sec. 104A, as added Pub. L. 98-573, title III, 
Sec. 305(a)(1), Oct. 30, 1984, 98 Stat. 3006.)

                  Section Referred to in Other Sections

    This section is referred to in section 2114e of this title.
