The President may proclaim duty-free treatment (or other preferential treatment) for all eligible articles from any beneficiary country in accordance with the provisions of this chapter.
Pub. L. 98–67, title II, § 21197 Stat. 384Pub. L. 106–200, title II, § 211(e)(1)(A)114 Stat. 287(, , ; , , .)
Editorial Notes
References in Text
Pub. L. 98–6797 Stat. 384This chapter, referred to in text, was in the original “this title”, meaning title II of , , , which is classified principally to this chapter. For complete classification of title II to the Code, see Short Title note set out below and Tables.
Amendments
Pub. L. 106–2002000— inserted “(or other preferential treatment)” after “treatment”.
Statutory Notes and Related Subsidiaries
Short Title of 2020 Amendment
Pub. L. 116–164, § 1134 Stat. 758
section 3805 of this title“This Act [amending sections 58c and 2703 of this title and amending provisions set out as a note under ] may be cited as the ‘Extension of the Caribbean Basin Economic Recovery Act’.”
, , , provided that:
Short Title of 2010 Amendment
Pub. L. 111–171, § 1124 Stat. 1194
section 2703a of this titlesection 6655 of Title 26“This Act [amending sections 58c, 2703, and 2703a of this title and enacting provisions set out as notes under and , Internal Revenue Code] may be cited as the ‘Haiti Economic Lift Program Act of 2010’.”
, , , provided that:
Short Title of 2008 Amendment
Pub. L. 110–234, title XV, § 15401122 Stat. 1527Pub. L. 110–246, § 4(a)122 Stat. 1664
Pub. L. 110–246section 2703a of this title“This part [part I (§§ 15401–15412) of subtitle D of title XV of , amending sections 2703 and 2703a of this title and enacting provisions set out as notes under ] may be cited as the ‘Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2008’ or the ‘HOPE II Act’.”
, , , and , title XV, § 15401, , , 2289, provided that:
Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4(a) of Pub. L. 110–246section 8701 of Title 7[ and enacted identical provisions. was repealed by , set out as a note under , Agriculture.]
Short Title of 2006 Amendment
Pub. L. 109–432, div. D, title V, § 5001120 Stat. 3181
section 2703a of this titlesection 2703 of this title“This title [enacting , amending sections 2703 and 3203 of this title, and enacting provisions set out as a note under ] may be cited as the ‘Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2006’.”
, , , provided that:
Short Title of 2000 Amendment
Pub. L. 106–200, title II, § 201114 Stat. 275
“This title [amending this section and sections 2702 to 2704, 3202, and 3204 of this title and enacting provisions set out as notes under this section] may be cited as the ‘United States-Caribbean Basin Trade Partnership Act’.”
, , , provided that:
Short Title of 1990 Amendment
Pub. L. 101–382, title II, § 201104 Stat. 655
section 226 of Title 20section 936 of Title 26section 936 of Title 26section 2703 of this title“This title [enacting , Education, amending sections 1677, 2463, 2702, 2703, and 2706 of this title and , Internal Revenue Code, enacting provisions set out as notes under this section and sections 1677, 2071, and 2703 of this title and , and amending provisions set out as notes under ] may be cited as the ‘Caribbean Basin Economic Recovery Expansion Act of 1990’.”
, , , provided that:
Short Title
Pub. L. 98–67, title II, § 20197 Stat. 384
section 1202 of this titlesection 2582 of this titlesection 1311 of Title 33“This title [enacting this chapter, amending and sections 274 and 7652 of Title 26, Internal Revenue Code, repealing , and enacting provisions set out as notes under sections 1319, 2251, and 2703 of this title, sections 274 and 7652 of Title 26, and , Navigation and Navigable Waters] may be cited as the ‘Caribbean Basin Economic Recovery Act’.”
, , , provided that:
Findings and Policy
Pub. L. 106–200, title II, § 202114 Stat. 275
Findings .—
Congress makes the following findings:
19 U.S.C. 2701 The Caribbean Basin Economic Recovery Act [ et seq.] (in this title [see Short Title of 2000 Amendment note above] referred to as ‘CBERA’) represents a permanent commitment by the United States to encourage the development of strong democratic governments and revitalized economies in neighboring countries in the Caribbean Basin.
In 1998, Hurricane Mitch and Hurricane Georges devastated areas in the Caribbean Basin region, killing more than 10,000 people and leaving 3,000,000 homeless.
The total direct impact of Hurricanes Mitch and Georges on Honduras, Nicaragua, the Dominican Republic, El Salvador, and Guatemala amounts to $4,200,000,000, representing a severe loss to income levels in this underdeveloped region.
In addition to short term disaster assistance, United States policy toward the region should focus on expanding international trade with the Caribbean Basin region as an enduring solution for successful economic growth and recovery.
Thirty-four democratically elected leaders agreed at the 1994 Summit of the Americas to conclude negotiation of a Free Trade Area of the Americas (in this title referred to as ‘FTAA’) by the year 2005.
The economic security of the countries in the Caribbean Basin will be enhanced by the completion of the FTAA.
Offering temporary benefits to Caribbean Basin countries will preserve the United States commitment to Caribbean Basin beneficiary countries, promote the growth of free enterprise and economic opportunity in these neighboring countries, and thereby enhance the national security interests of the United States.
Given the greater propensity of countries located in the Western Hemisphere to use United States components and to purchase United States products compared to other countries, increased trade and economic activity between the United States and countries in the Western Hemisphere will create new jobs in the United States as a result of expanding export opportunities.
Policy .—
It is the policy of the United States—
to offer Caribbean Basin beneficiary countries willing to prepare to become a party to the FTAA or another free trade agreement, tariff treatment essentially equivalent to that accorded to products of NAFTA countries for certain products not currently eligible for duty-free treatment under the CBERA; and
to seek the participation of Caribbean Basin beneficiary countries in the FTAA or another free trade agreement at the earliest possible date, with the goal of achieving full participation in such agreement not later than 2005.”
Meetings of Trade Ministers and USTR
Pub. L. 106–200, title II, § 213114 Stat. 288
Schedule of Meetings .—
The President shall take the necessary steps to convene a meeting with the trade ministers of the CBTPA beneficiary countries in order to establish a schedule of regular meetings, to commence as soon as is practicable, of the trade ministers and the Trade Representative, for the purpose set forth in subsection (b).
Purpose .—
section 108(b)(5) of Public Law 103–18219 U.S.C. 3317(b)(5)The purpose of the meetings scheduled under subsection (a) is to reach agreement between the United States and CBTPA beneficiary countries on the likely timing and procedures for initiating negotiations for CBTPA beneficiary countries to enter into mutually advantageous free trade agreements with the United States that contain provisions comparable to those in the NAFTA and would make substantial progress in achieving the negotiating objectives set forth in ([former] ).
Definition .—
19 U.S.C. 2703(b)(5)(B)In this section, the term ‘CBTPA beneficiary country’ has the meaning given that term in section 213(b)(5)(B) of the Caribbean Basin Economic Recovery Act [].”
Congressional Findings
Pub. L. 101–382, title II, § 202104 Stat. 655
“The Congress finds that—“(1) “(2) “(3)
, , , provided that:
a stable political and economic climate in the Caribbean region is necessary for the development of the countries in that region and for the security and economic interests of the United States;
the Caribbean Basin Economic Recovery Act [this chapter] was enacted in 1983 to assist in the achievement of such a climate by stimulating the development of the export potential of the region; and
the commitment of the United States to the successful development of the region, as evidenced by the enactment of the Caribbean Basin Economic Recovery Act, should be reaffirmed, and further strengthened, by amending that Act to improve its operation.”
Definitions
Pub. L. 106–200, title II, § 203114 Stat. 276
“In this title [see Short Title of 2000 Amendment note above]:“(1) “(2) “(3)
, , , provided that:
NAFTA .—
The term ‘NAFTA’ means the North American Free Trade Agreement entered into between the United States, Mexico, and Canada on .
NAFTA country .—
The term ‘NAFTA country’ means any country with respect to which the NAFTA is in force.
WTO and wto member .—
19 U.S.C. 3501The terms ‘WTO’ and ‘WTO member’ have the meanings given those terms in section 2 of the Uruguay Round Agreements Act ().”