                        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. 2439. Freedom to emigrate to join a very close relative in 
        United States
        

(a) Sanctions for emigration restrictions

    To assure the continued dedication of the United States to the 
fundamental human rights and welfare of its own citizens, and 
notwithstanding any other provision of law, on or after January 3, 1975, 
no nonmarket economy country shall participate in any program of the 
Government of the United States which extends credits or credit 
guarantees or investment guarantees, directly or indirectly, and the 
President of the United States shall not conclude any commercial 
agreement with any such country, during the period beginning with the 
date on which the President determines that such country--
        (1) denies its citizens the right or opportunity to join 
    permanently through emigration, a very close relative in the United 
    State,\1\ such as a spouse, parent, child, brother, or sister;
---------------------------------------------------------------------------
    \1\ So in original.
---------------------------------------------------------------------------
        (2) imposes more than a nominal tax on the visas or other 
    documents required for emigration described in paragraph (1); or
        (3) imposes more than a nominal tax, levy, fine, fee, or other 
    charge on any citizen as a consequence of the desire of such citizen 
    to emigrate as described in paragraph (1),

and ending on the date on which the President determines that such 
country is no longer in violation of paragraph (1), (2), or (3).

(b) Report to Congress concerning emigration policies

    After January 3, 1975, (A) a nonmarket economy country may 
participate in any program of the Government of the United States which 
extends credits or credit guarantees or investment guarantees, and (B) 
the President may conclude a commercial agreement with such country, 
only after the President has submitted to the Congress a report 
indicating that such country is not in violation of paragraph (1), (2), 
or (3) of subsection (a) of this section. Such report with respect to 
such country shall include information as to the nature and 
implementation of its laws and policies and restrictions or 
discrimination applied to or against persons wishing to emigrate to the 
United States to join close relatives. The report required by this 
subsection shall be submitted initially as provided herein and, with 
current information, on or before each June 30 and December 31, 
thereafter, so long as such credits or guarantees are extended or such 
agreement is in effect.

(c) Exemption from application of section

    This section shall not apply to any country the products of which 
are eligible for the rates set forth in rate column numbered 1 of the 
Tariff Schedules of the United States on January 3, 1975.

(d) Additional exemption from application of section

    During any period that a waiver is in effect with respect to any 
nonmarket economy country under section 2432(c) of this title, the 
provisions of subsections (a) and (b) of this section shall not apply 
with respect to such country.

(Pub. L. 93-618, title IV, Sec. 409, Jan. 3, 1975, 88 Stat. 2064.)

                       References in Text

    The Tariff Schedules of the United States, referred to in subsec. 
(c), to be treated as a reference to the Harmonized Tariff Schedule, 
pursuant to section 3012 of this title. The Harmonized Tariff Schedule 
is not set out in the Code. See Publication of Harmonized Tariff 
Schedule note set out under section 1202 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 2192, 2437 of this title.
