                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 12--TRADE ACT OF 1974
 
      SUBCHAPTER IV--TRADE RELATIONS WITH COUNTRIES NOT RECEIVING 
                       NONDISCRIMINATORY TREATMENT
 
             Part 1--Trade Relations With Certain Countries
 
Sec. 2435. Commercial agreements


(a) Presidential authority

    Subject to the provisions of subsections (b) and (c) of this 
section, the President may authorize the entry into force of bilateral 
commercial agreements providing nondiscriminatory treatment to the 
products of countries heretofore denied such treatment whenever he 
determines that such agreements with such countries will promote the 
purposes of this chapter and are in the national interest.

(b) Terms of agreements

    Any such bilateral commercial agreement shall--
        (1) be limited to an initial period specified in the agreement 
    which shall be no more than 3 years from the date the agreement 
    enters into force; except that it may be renewable for additional 
    periods, each not to exceed 3 years; if--
            (A) a satisfactory balance of concessions in trade and 
        services has been maintained during the life of such agreement, 
        and
            (B) the President determines that actual or foreseeable 
        reductions in United States tariffs and nontariff barriers to 
        trade resulting from multilateral negotiations are 
        satisfactorily reciprocated by the other party to the bilateral 
        agreement;

        (2) provide that it is subject to suspension or termination at 
    any time for national security reasons, or that the other provisions 
    of such agreement shall not limit the rights of any party to take 
    any action for the protection of its security interests;
        (3) include safeguard arrangements (A) providing for prompt 
    consultations whenever either actual or prospective imports cause or 
    threaten to cause, or significantly contribute to, market disruption 
    and (B) authorizing the imposition of such import restrictions as 
    may be appropriate to prevent such market disruption;
        (4) if the other party to the bilateral agreement is not a party 
    to the Paris Convention for the Protection of Industrial Property, 
    provide rights for United States nationals with respect to patents 
    and trademarks in such country not less than the rights specified in 
    such convention;
        (5) if the other party to the bilateral agreement is not a party 
    to the Universal Copyright Convention, provide rights for United 
    States nationals with respect to copyrights in such country not less 
    than the rights specified in such convention;
        (6) in the case of an agreement entered into or renewed after 
    January 3, 1975, provide arrangements for the protection of 
    industrial rights and processes;
        (7) provide arrangements for the settlement of commercial 
    differences and disputes;
        (8) in the case of an agreement entered into or renewed after 
    January 3, 1975, provide arrangements for the promotion of trade, 
    which may include arrangements for the establishment or expansion of 
    trade and tourist promotion offices, for facilitation of activities 
    of governmental commercial officers, participation in trade fairs 
    and exhibits, and the sending of trade missions, and for 
    facilitation of entry, establishment, and travel of commercial 
    representatives;
        (9) provide for consultations for the purpose of reviewing the 
    operation of the agreement and relevant aspects of relations between 
    the United States and the other party; and
        (10) provide such other arrangements of a commercial nature as 
    will promote the purposes of this chapter.

(c) Congressional action

    An agreement referred to in subsection (a) of this section, and a 
proclamation referred to in section 2434(a) of this title implementing 
such agreement, shall take effect only if a joint resolution described 
in section 2191(b)(3) of this title that approves of the agreement 
referred to in subsection (a) of this section is enacted into law.

(Pub. L. 93-618, title IV, Sec. 405, Jan. 3, 1975, 88 Stat. 2061; Pub. 
L. 96-39, title XI, Sec. 1106(f)(3), July 26, 1979, 93 Stat. 312; Pub. 
L. 101-382, title I, Sec. 132(b)(1), Aug. 20, 1990, 104 Stat. 645.)

                       References in Text

    This chapter, referred to in subsecs. (a) and (b)(10), was in the 
original ``this Act'', meaning Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 
1978, as amended, which is classified principally to this chapter. For 
complete classification of this Act to the Code, see References in Text 
note set out under section 2101 of this title and Tables.
    The Universal Copyright Convention, referred to in subsec. (b)(5), 
is set out under section 104 of Title 17, Copyrights.


                               Amendments

    1990--Subsec. (c). Pub. L. 101-382 amended subsec. (c) generally. 
Prior to amendment, subsec. (c) read as follows: ``An agreement referred 
to in subsection (a) of this section, and a proclamation referred to in 
section 2434(a) of this title implementing such agreement, shall take 
effect only if (1) approved by the Congress by the adoption of a 
concurrent resolution referred to in section 2191 of this title, or (2) 
in the case of an agreement entered into before January 3, 1975, and a 
proclamation implementing such agreement, a resolution of disapproval 
referred to in section 2192 of this title is not adopted during the 90-
day period specified by section 2437(c)(2) of this title.''
    1979--Subsec. (b)(8). Pub. L. 96-39 substituted ``may include 
arrangements'' for ``may include those''.


                    Effective Date of 1979 Amendment

    Amendment by Pub. L. 96-39 effective July 26, 1979, see section 1114 
of Pub. L. 96-39, set out as an Effective Date note under section 2581 
of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 2434, 2436 of this title; 
title 22 section 6901.
