US (United States) Code. Title 15. Chapter 73: Export enhancement

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Commerce and Trade

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15 USC CHAPTER 73 - EXPORT ENHANCEMENT 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 73 - EXPORT ENHANCEMENT

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-HEAD-

CHAPTER 73 - EXPORT ENHANCEMENT

-MISC1-

SUBCHAPTER I - FAIR TRADE IN AUTO PARTS

Sec.

4701 to 4704. Omitted.

SUBCHAPTER I-A - FAIR TRADE IN AUTOMOTIVE PARTS

4705. Definitions.

4705a. Re-establishment of initiative on automotive parts sales to

Japan.

(a) In general.

(b) Functions.

4705b. Establishment of Special Advisory Committee on automotive

parts sales in Japanese and other Asian markets.

(a) In general.

(b) Establishment of committee.

(c) Functions.

(d) Authority.

4705c. Expiration date.

SUBCHAPTER II - GENERAL PROVISIONS

4711. Repealed.

4712. Barter and countertrade.

(a) Interagency group.

(b) Office of Barter.

SUBCHAPTER III - EXPORT PROMOTION

4721. United States and Foreign Commercial Service.

(a) Establishment.

(b) Statement of purpose.

(c) Offices.

(d) Rank of Commercial Services Officers in foreign

missions.

(e) Information dissemination.

(f) Cooperation in Federal financing and insurance

programs.

(g) Audits.

(h) Report by Secretary.

(i) Omitted.

(j) Definitions.

4722. Transferred.

4723. Market Development Cooperator Program.

(a) Authority of Secretary of Commerce.

(b) Implementation of Program.

(c) Cooperator partnership program.

(d) Budget Act.

4723a. United States Commercial Centers.

(a) Establishment.

(b) Purpose of Centers.

(c) Functions of Centers.

(d) Specific services to be provided.

(e) Other trade promotion activities.

(f) Staffing of Centers.

(g) Center facilities and their relationship to

United States Department of Commerce operations

in host countries.

(h) Use of Market Development Cooperator Program.

(i) Authorization of appropriations.

(j) Repealed.

(k) Definitions.

4724. Trade shows.

(a) Authority of Secretary of Commerce.

(b) Recipients of assistance.

(c) Assistance to small businesses.

(d) Uses of assistance.

(e) Definitions.

4725. United States and Foreign Commercial Service Pacific Rim

initiative.

(a) In general.

(b) Reports to Congress.

(c) ''United States person'' defined.

4726. Indian tribes export promotion.

(a) Assistance authorized.

(b) Activities eligible for assistance.

(c) Administration of assistance.

(d) Technical and other assistance.

(e) Limitation on assistance.

4727. Trade Promotion Coordinating Committee.

(a) Establishment and purpose.

(b) Duties.

(c) Strategic plan.

(d) Membership.

(e) Member qualifications.

(f) Report to Congress.

4727a. Implementation of primary objectives of TPCC.

4728. Environmental trade promotion.

(a) Statement of policy.

(b) Environmental Trade Working Group of Trade

Promotion Coordination Committee.

(c) Environmental Technologies Trade Advisory

Committee.

(d) Export plans for priority countries.

(e) Trade information.

(f) Environmental technologies specialists in United

States and Foreign Commercial Service.

(g) Environmental training in one-stop shops.

(h) International regional environmental initiatives.

(i) Environmental technologies project advocacy

calendar and information dissemination program.

(j) Environmental technology export alliances.

(k) ''Environmental business'' defined.

4729. Report on export policy.

(a) In general.

(b) Contents.

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15 USC SUBCHAPTER I - FAIR TRADE IN AUTO PARTS 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 73 - EXPORT ENHANCEMENT

SUBCHAPTER I - FAIR TRADE IN AUTO PARTS

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SUBCHAPTER I - FAIR TRADE IN AUTO PARTS

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15 USC Sec. 4701 to 4704 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 73 - EXPORT ENHANCEMENT

SUBCHAPTER I - FAIR TRADE IN AUTO PARTS

-HEAD-

Sec. 4701 to 4704. Omitted

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CODIFICATION

Sections 4701 to 4704 were omitted pursuant to section 4704 which

provided that the authorities under this subchapter expired on Dec.

31, 1998. See subchapter I-A of this chapter.

Section 4701, Pub. L. 100-418, title II, Sec. 2122, Aug. 23,

1988, 102 Stat. 1325, defined ''Japanese markets''.

Section 4702, Pub. L. 100-418, title II, Sec. 2123, Aug. 23,

1988, 102 Stat. 1326, established initiative on auto parts sales to

Japan.

Section 4703, Pub. L. 100-418, title II, Sec. 2124, Aug. 23,

1988, 102 Stat. 1326, established Special Advisory Committee on

auto parts sales in Japan.

Section 4704, Pub. L. 100-418, title II, Sec. 2125, Aug. 23,

1988, 102 Stat. 1327; Pub. L. 103-236, title V, Sec. 510(a), Apr.

30, 1994, 108 Stat. 465, provided that the authorities under this

subchapter expire on Dec. 31, 1998.

-MISC3-

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-261, div. C, title XXXVIII, Sec. 3801, Oct. 17,

1998, 112 Stat. 2275, provided that: ''This title (enacting

subchapter I-A of this chapter) may be cited as the 'Fair Trade in

Automotive Parts Act of 1998'.''

SHORT TITLE OF 1994 AMENDMENT

Pub. L. 103-392, title IV, Sec. 401, Oct. 22, 1994, 108 Stat.

4099, provided that: ''This title (amending section 4728 of this

title) may be cited as the 'Environmental Export Promotion Act of

1994'.''

SHORT TITLE

Section 2001 of title II of Pub. L. 100-418 provided that: ''This

title (enacting this chapter, section 3310a of Title 22, Foreign

Relations and Intercourse, and section 2410a of Title 50, Appendix,

War and National Defense, amending sections 4003, 4051, and 4052 of

this title, sections 5314 and 5315 of Title 5, Government

Organization and Employees, sections 1431 and 1708 of Title 7,

Agriculture, sections 635q to 635s of Title 12, Banks and Banking,

section 1864 of Title 19, Customs Duties, sections 2151f, 2191a,

2195, and 2421 of Title 22, section 1702 of Title 50, and sections

5, 6, 39, 2403 to 2406, 2409 to 2414, 2417, and 2419 of Title 50,

Appendix, and enacting provisions set out as notes under sections

4011 and 4701 of this title, sections 1421 and 1431 of Title 7,

section 635q of Title 12, sections 2191 and 2421 of Title 22,

section 1702 of Title 50, and sections 5, 2401, 2404, 2406, and

2410a of Title 50, Appendix) may be referred to as the 'Export

Enhancement Act of 1988'.''

Section 2121 of Pub. L. 100-418 provided that this subchapter

could be referred to as the ''Fair Trade in Auto Parts Act of

1988''.

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15 USC SUBCHAPTER I-A - FAIR TRADE IN AUTOMOTIVE PARTS 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 73 - EXPORT ENHANCEMENT

SUBCHAPTER I-A - FAIR TRADE IN AUTOMOTIVE PARTS

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-HEAD-

SUBCHAPTER I-A - FAIR TRADE IN AUTOMOTIVE PARTS

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CODIFICATION

This subchapter was enacted as part of title XXXVIII of div. C

of the Strom Thurmond National Defense Authorization Act for Fiscal

Year 1999, known as the Fair Trade in Automotive Parts Act of 1998,

and not as part of the Export Enhancement Act of 1988 which enacted

this chapter.

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15 USC Sec. 4705 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 73 - EXPORT ENHANCEMENT

SUBCHAPTER I-A - FAIR TRADE IN AUTOMOTIVE PARTS

-HEAD-

Sec. 4705. Definitions

-STATUTE-

In this subchapter:

(1) Japanese markets

The term ''Japanese markets'' refers to markets, including

markets in the United States and Japan, where automotive parts

and accessories, both original equipment and aftermarket, are

purchased for use in the manufacture or repair of Japanese

automobiles.

(2) Japanese and other Asian markets

The term ''Japanese and other Asian markets'' refers to

markets, including markets in the United States, Japan, and other

Asian countries, where automotive parts and accessories, both

original equipment and aftermarket, are purchased for use in the

manufacture or repair of Japanese, United States, or other Asian

automobiles.

-SOURCE-

(Pub. L. 105-261, div. C, title XXXVIII, Sec. 3802, Oct. 17, 1998,

112 Stat. 2275.)

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15 USC Sec. 4705a 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 73 - EXPORT ENHANCEMENT

SUBCHAPTER I-A - FAIR TRADE IN AUTOMOTIVE PARTS

-HEAD-

Sec. 4705a. Re-establishment of initiative on automotive parts

sales to Japan

-STATUTE-

(a) In general

The Secretary of Commerce shall re-establish the initiative to

increase the sale of United States-made automotive parts and

accessories to Japanese markets.

(b) Functions

In carrying out this section, the Secretary shall -

(1) foster increased access for United States-made automotive

parts and accessories to Japanese companies, including specific

consultations on access to Japanese markets;

(2) facilitate the exchange of information between United

States automotive parts manufacturers and the Japanese automobile

industry;

(3) collect data and market information on the Japanese

automotive industry regarding needs, trends, and procurement

practices, including the types, volume, and frequency of parts

sales to Japanese automobile manufacturers;

(4) establish contacts with Japanese automobile manufacturers

in order to facilitate contact between United States automotive

parts manufacturers and Japanese automobile manufacturers;

(5) report on and attempt to resolve disputes, policies, or

practices, whether public or private, that result in barriers to

increased commerce between United States automotive parts

manufacturers and Japanese automobile manufacturers;

(6) take actions to initiate periodic consultations with

officials of the Government of Japan regarding sales of United

States-made automotive parts in Japanese markets; and

(7) transmit to Congress the annual report prepared by the

Special Advisory Committee under section 4705b(c)(5) of this

title.

-SOURCE-

(Pub. L. 105-261, div. C, title XXXVIII, Sec. 3803, Oct. 17, 1998,

112 Stat. 2276.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4705b of this title.

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15 USC Sec. 4705b 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 73 - EXPORT ENHANCEMENT

SUBCHAPTER I-A - FAIR TRADE IN AUTOMOTIVE PARTS

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Sec. 4705b. Establishment of Special Advisory Committee on

automotive parts sales in Japanese and other Asian markets

-STATUTE-

(a) In general

The Secretary of Commerce shall seek the advice of the United

States automotive parts industry in carrying out this subchapter.

(b) Establishment of Committee

The Secretary of Commerce shall establish a Special Advisory

Committee for purposes of carrying out this subchapter.

(c) Functions

The Special Advisory Committee established under subsection (b)

of this section shall -

(1) report to the Secretary of Commerce on barriers to sales of

United States-made automotive parts and accessories in Japanese

and other Asian markets;

(2) review and consider data collected on sales of United

States-made automotive parts and accessories in Japanese and

other Asian markets;

(3) advise the Secretary of Commerce during consultations with

other governments on issues concerning sales of United

States-made automotive parts in Japanese and other Asian markets;

(4) assist in establishing priorities for the initiative

established under section 4705a of this title, and otherwise

provide assistance and direction to the Secretary of Commerce in

carrying out the intent of that section; and

(5) assist the Secretary in reporting to Congress by submitting

an annual written report to the Secretary on the sale of United

States-made automotive parts in Japanese and other Asian markets,

as well as any other issues with respect to which the Committee

provides advice pursuant to this subchapter.

(d) Authority

The Secretary of Commerce shall draw on existing budget authority

in carrying out this subchapter.

-SOURCE-

(Pub. L. 105-261, div. C, title XXXVIII, Sec. 3804, Oct. 17, 1998,

112 Stat. 2276.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4705a of this title.

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15 USC Sec. 4705c 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 73 - EXPORT ENHANCEMENT

SUBCHAPTER I-A - FAIR TRADE IN AUTOMOTIVE PARTS

-HEAD-

Sec. 4705c. Expiration date

-STATUTE-

The authority under this subchapter shall expire on December 31,

2003.

-SOURCE-

(Pub. L. 105-261, div. C, title XXXVIII, Sec. 3805, Oct. 17, 1998,

112 Stat. 2277.)

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15 USC SUBCHAPTER II - GENERAL PROVISIONS 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 73 - EXPORT ENHANCEMENT

SUBCHAPTER II - GENERAL PROVISIONS

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SUBCHAPTER II - GENERAL PROVISIONS

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15 USC Sec. 4711 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 73 - EXPORT ENHANCEMENT

SUBCHAPTER II - GENERAL PROVISIONS

-HEAD-

Sec. 4711. Repealed. Pub. L. 107-228, div. A, title VI, Sec.

671(1), Sept. 30, 2002, 116 Stat. 1407

-MISC1-

Section, Pub. L. 100-418, title II, Sec. 2202, Aug. 23, 1988, 102

Stat. 1327; Pub. L. 104-188, title I, Sec. 1954(b)(2), Aug. 20,

1996, 110 Stat. 1928, required the Secretary of State to report

annually on the economic policy and trade practices of each country

with which the United States has an economic or trade relationship.

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15 USC Sec. 4712 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 73 - EXPORT ENHANCEMENT

SUBCHAPTER II - GENERAL PROVISIONS

-HEAD-

Sec. 4712. Barter and countertrade

-STATUTE-

(a) Interagency group

(1) Establishment

The President shall establish an interagency group on

countertrade, to be composed of representatives of such

departments and agencies of the United States as the President

considers appropriate. The Secretary of Commerce shall be the

chairman of the interagency group.

(2) Functions

It shall be the function of the interagency group to -

(A) review and evaluate -

(i) United States policy on countertrade and offsets, in

light of current trends in international countertrade and

offsets and the impact of those trends on the United States

economy;

(ii) the use of countertrade and offsets in United States

exports and bilateral United States foreign economic

assistance programs; and

(iii) the need for and the feasibility of negotiating with

other countries, through the Organization for Economic

Cooperation and Development and other appropriate

international organizations, to reach agreements on the use

of countertrade and offsets; and

(B) make recommendations to the President and the Congress on

the basis of the review and evaluation referred to in

subparagraph (A).

(3) Sharing of information

Other departments and agencies of the United States shall

provide to the interagency group such information available to

such departments and agencies as the interagency group may

request, except that the requirements, including penalties for

violation thereof, for preserving the confidentiality of such

information which are applicable to the officials, employees,

experts, or consultants of such departments and agencies shall

apply in the same manner to each member of the interagency group

and to any other person performing any function under this

subsection.

(b) Office of Barter

(1) Establishment

There is established, within the International Trade

Administration of the Department of Commerce, the Office of

Barter (hereafter in this section referred to as the ''Office'').

(2) Director

There shall be at the head of the Office a Director, who shall

be appointed by the Secretary of Commerce.

(3) Staff

The Secretary of Commerce shall transfer such staff to the

Office as the Secretary determines is necessary to enable the

Office to carry out its functions under this section.

(4) Functions

It shall be the function of the Office to -

(A) monitor information relating to trends in international

barter;

(B) organize and disseminate information relating to

international barter in a manner useful to business firms,

educational institutions, export-related Federal, State, and

local government agencies, and other interested persons,

including publishing periodic lists of known commercial

opportunities for barter transactions beneficial to United

States enterprises;

(C) notify Federal agencies with operations abroad of

instances where it would be beneficial to the United States for

the Federal Government to barter Government-owned surplus

commodities for goods and services purchased abroad by the

Federal Government; and

(D) provide assistance to enterprises seeking barter and

countertrade opportunities.

-SOURCE-

(Pub. L. 100-418, title II, Sec. 2205, Aug. 23, 1988, 102 Stat.

1332.)

-EXEC-

COMPOSITION OF INTERAGENCY GROUP

For composition of Interagency Group on Countertrade, see section

2-101 of Ex. Ord. No. 12661, Dec. 27, 1988, 54 F.R. 779, set out as

a note under section 2901 of Title 19, Customs Duties.

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15 USC SUBCHAPTER III - EXPORT PROMOTION 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 73 - EXPORT ENHANCEMENT

SUBCHAPTER III - EXPORT PROMOTION

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-HEAD-

SUBCHAPTER III - EXPORT PROMOTION

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15 USC Sec. 4721 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 73 - EXPORT ENHANCEMENT

SUBCHAPTER III - EXPORT PROMOTION

-HEAD-

Sec. 4721. United States and Foreign Commercial Service

-STATUTE-

(a) Establishment

(1) In general

The Secretary of Commerce shall establish, within the

International Trade Administration, the United States and Foreign

Commercial Service. The Secretary shall, to the greatest extent

practicable, transfer to the Commercial Service the functions and

personnel of the United States and Foreign Commercial Services.

(2) Assistant Secretary of Commerce and Director General; other

personnel

The head of the Commercial Service shall be the Assistant

Secretary of Commerce and Director General of the Commercial

Service, who shall be appointed by the President, by and with the

advice and consent of the Senate. The Assistant Secretary of

Commerce and Director General of the Commercial Service may

appoint Commercial Service Officers and such other personnel as

may be necessary to carry out the activities of the Commercial

Service.

(3) Coordination with foreign policy objectives

The Secretary shall take the necessary steps to ensure that the

activities of the Commercial Service are carried out in a manner

consistent with United States foreign policy objectives, and the

Secretary shall consult regularly with the Secretary of State in

order to comply with this paragraph.

(4) Authority of chief of mission

All activities of the Commercial Service shall be subject to

section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927).

(b) Statement of purpose

The Commercial Service shall place primary emphasis on the

promotion of exports of goods and services from the United States,

particularly by small businesses and medium-sized businesses, and

on the protection of United States business interests abroad by

carrying out activities such as -

(1) identifying United States businesses with the potential to

export goods and services and providing such businesses with

advice and information on establishing export businesses;

(2) providing United States exporters with information on

economic conditions, market opportunities, the status of the

intellectual property system in such country, and the legal and

regulatory environment within foreign countries;

(3) providing United States exporters with information and

advice on the necessary adaptation of product design and

marketing strategy to meet the differing cultural and technical

requirements of foreign countries;

(4) providing United States exporters with actual leads and an

introduction to contacts within foreign countries;

(5) assisting United States exporters in locating reliable

sources of business services in foreign countries;

(6) assisting United States exporters in their dealings with

foreign governments and enterprises owned by foreign governments;

(7) assisting the coordination of the efforts of State and

local agencies and private organizations which seek to promote

United States business interests abroad so as to maximize their

effectiveness and minimize the duplication of efforts;

(8) utilizing district and foreign offices as one-stop shops

for United States exporters by providing exporters with

information on all export promotion and export finance activities

of the Federal Government, assisting exporters in identifying

which Federal programs may be of greatest assistance, and

assisting exporters in making contact with the Federal programs

identified; and

(9) providing United States exporters and export finance

institutions with information on all financing and insurance

programs of the Export-Import Bank of the United States, the

Overseas Private Investment Corporation, the Trade and

Development Program, and the Small Business Administration,

including providing assistance in completing applications for

such programs and working with exporters and export finance

institutions to address any deficiencies in such applications

that have been submitted.

(c) Offices

(1) In general

The Commercial Service shall conduct its activities at a

headquarters office, district offices located in major United

States cities, and foreign offices located in major foreign

cities.

(2) Headquarters

The headquarters of the Commercial Service shall provide such

managerial, administrative, research, and other services as the

Secretary considers necessary to carry out the purposes of the

Commercial Service.

(3) District offices

The Secretary shall establish district offices of the

Commercial Service in any United States city in a region in which

the Secretary determines that there is a need for Federal

Government export assistance.

(4) Foreign offices

(A) The Secretary may, after consultation with the Secretary of

State, establish foreign offices of the Commercial Service. These

offices shall be located in foreign cities in regions in which

the Secretary determines there are significant business

opportunities for United States exporters.

(B) The Secretary may, in consultation with the Secretary of

State, assign to the foreign offices Commercial Service Officers

and such other personnel as the Secretary considers necessary.

In employing Commercial Service Officers and such other

personnel, the Secretary shall use the Foreign Service personnel

system in accordance with the Foreign Service Act of 1980 (22

U.S.C. 3901 et seq.). The Secretary shall designate a Commercial

Officer (FOOTNOTE 1) as head of each foreign office.

(FOOTNOTE 1) So in original. Probably should be ''Commercial

Service Officer''.

(C) Upon the request of the Secretary, the Secretary of State

shall attach the Commercial Service Officers and other employees

of each foreign office to the diplomatic mission of the United

States in the country in which that foreign office is located,

and shall obtain for them diplomatic privileges and immunities

equivalent to those enjoyed by Foreign Service personnel of

comparable rank and salary.

(D) For purposes of official representation, the senior

Commercial Service Officer in each country shall be considered to

be the senior commercial representative of the United States in

that country, and the United States chief of mission in that

country shall accord that officer all privileges and

responsibilities appropriate to the position of senior commercial

representative of other countries.

(E) The Secretary of State is authorized, upon the request of

the Secretary, to provide office space, equipment, facilities,

and such other administrative and clerical services as may be

required for the operation of the foreign offices. The Secretary

is authorized to reimburse or advance funds to the Secretary of

State for such services.

(F) The authority of the Secretary under this paragraph shall

be subject to section 4802 of title 22.

(d) Rank of Commercial Service Officers in foreign missions

(1) Minister-Counselor

Notwithstanding any other provision of law, the Secretary is

authorized to designate up to 16 United States missions abroad at

which the senior Commercial Service Officer will be able to use

the diplomatic title of Minister-Counselor. The Secretary of

State shall accord the diplomatic title of Minister-Counselor to

the senior Commercial Service Officer assigned to a United States

mission so designated.

(2) Consul General

In any United States consulate in which a vacancy occurs in the

position of Consul General, the Secretary of State, in

consultation with the Secretary, shall consider filling that

vacancy with a Commercial Service Officer if the primary

functions of the consulate are of a commercial nature and if

there are significant business opportunities for United States

exporters in the region in which the consulate is located.

(e) Information dissemination

In order to carry out subsection (b)(7) of this section, to

lessen the cost of distribution of information produced by the

Commercial Service, and to make that information more readily

available, the Secretary should establish a system for distributing

that information in those areas where no district offices of the

Commercial Service are located. Distributors of the information

should be State export promotion agencies or private export and

trade promotion associations. The distribution system should be

consistent with cost recovery objectives of the Department of

Commerce.

(f) Cooperation in Federal financing and insurance programs

To assist the Commercial Service in carrying out subsection

(b)(9) of this section, and consistent with the provisions of

section 635i-7 of title 12, the Export-Import Bank of the United

States, the Overseas Private Investment Corporation, the Trade and

Development Program, and the Small Business Administration shall

each -

(1) provide to the Commercial Service complete and current

information on all of its programs and financing practices; and

(2) undertake a training program regarding such programs and

practices for Commercial Service Officers who are designated by

the Assistant Secretary of Commerce and Director General of the

Commercial Service.

(g) Audits

The Inspector General of the Department of Commerce shall perform

periodic audits of the operations of the Commercial Service, but at

least once every 3 years. The Inspector General shall report to

the Congress the results of each such audit. In addition to an

overview of the activities and effectiveness of Commercial Service

operations, the audit shall include -

(1) an evaluation of the current placement of domestic

personnel and recommendations for transferring personnel among

district offices;

(2) an evaluation of the current placement of foreign-based

personnel and recommendations for transferring such personnel in

response to newly emerging business opportunities for United

States exporters; and

(3) an evaluation of the personnel system and its management,

including the recruitment, assignment, promotion, and performance

appraisal of personnel, the use of limited appointees, and the

''time-in-class'' system.

(h) Report by Secretary

Not later than 1 year after August 23, 1988, the Secretary shall

submit a report to the Congress on the feasibility and

desirability, the progress to date, the present status, and the

5-year outlook, of the comprehensive integration of the functions

and personnel of the foreign and domestic export promotion

operations within the International Trade Administration of the

Department of Commerce.

(i) Omitted

(j) Definitions

For purposes of this section -

(1) the term ''Secretary'' means the Secretary of Commerce;

(2) the term ''Commercial Service'' means the United States and

Foreign Commercial Service;

(3) the term ''United States exporter'' means -

(A) a United States citizen;

(B) a corporation, partnership, or other association created

under the laws of the United States or of any State; or

(C) a foreign corporation, partnership, or other association,

more than 95 percent of which is owned by persons described in

subparagraphs (A) and (B),

that exports, or seeks to export, goods or services produced in

the United States;

(4) the term ''small business'' means any small business

concern as defined under section 632 of this title;

(5) the term ''State'' means any of the several States, the

District of Columbia, or any commonwealth, territory, or

possession of the United States; and

(6) the term ''United States'' means the several States, the

District of Columbia, and any commonwealth, territory, or

possession of the United States.

-SOURCE-

(Pub. L. 100-418, title II, Sec. 2301, Aug. 23, 1988, 102 Stat.

1338; Pub. L. 102-429, title II, Sec. 202, 203, 205, Oct. 21, 1992,

106 Stat. 2201, 2204.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Service Act of 1980, referred to in subsec.

(c)(4)(B), is Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as

amended, which is classified principally to chapter 52 (Sec. 3901

et seq.) of Title 22, Foreign Relations and Intercourse. For

complete classification of this Act to the Code, see Short Title

note set out under section 3901 of Title 22 and Tables.

-COD-

CODIFICATION

Section is comprised of section 2301 of Pub. L. 100-418. Subsec.

(i) of section 2301 of Pub. L. 100-418 amended section 5315 of

Title 5, Government Organization and Employees.

-MISC3-

AMENDMENTS

1992 - Subsec. (b)(8), (9). Pub. L. 102-429, Sec. 202, 203(a),

added pars. (8) and (9).

Subsec. (d)(1). Pub. L. 102-429, Sec. 205, substituted ''16'' for

''8''.

Subsecs. (f) to (j). Pub. L. 102-429, Sec. 203(b), added subsec.

(f) and redesignated former subsecs. (f) to (i) as (g) to (j),

respectively.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(g) of this section relating to reporting results of audits to

Congress, see section 3003 of Pub. L. 104-66, as amended, set out

as a note under section 1113 of Title 31, Money and Finance, and

page 53 of House Document No. 103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4727, 4728 of this title;

title 12 section 635i-7.

-CITE-

15 USC Sec. 4722 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 73 - EXPORT ENHANCEMENT

SUBCHAPTER III - EXPORT PROMOTION

-HEAD-

Sec. 4722. Transferred

-COD-

CODIFICATION

Section, Pub. L. 100-418, title II, Sec. 2302, Aug. 23, 1988, 102

Stat. 1341, which related to Commercial Service Officers and

multilateral development bank procurement, was renumbered Sec. 1803

of title XVIII of Pub. L. 95-118, by Pub. L. 101-240, title V, Sec.

541(b)(2), Dec. 19, 1989, 103 Stat. 2517, and was transferred to

section 262s-2 of Title 22, Foreign Relations and Intercourse.

-CITE-

15 USC Sec. 4723 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 73 - EXPORT ENHANCEMENT

SUBCHAPTER III - EXPORT PROMOTION

-HEAD-

Sec. 4723. Market Development Cooperator Program

-STATUTE-

(a) Authority of Secretary of Commerce

In order to promote further the exportation of goods and services

from the United States, the Secretary of Commerce is authorized to

establish, in the International Trade Administration of the

Department of Commerce, a Market Development Cooperator Program.

The purpose of the program is to develop, maintain, and expand

foreign markets for nonagricultural goods and services produced in

the United States.

(b) Implementation of Program

The Secretary of Commerce shall carry out the Market Development

Cooperator Program by entering into contracts with -

(1) nonprofit industry organizations,

(2) trade associations,

(3) State departments of trade and their regional associations,

including centers for international trade development, and

(4) private industry firms or groups of firms in cases where no

entity described in paragraph (1), (2), or (3) represents that

industry,

(in this section referred to as ''cooperators'') to engage in

activities in order to carry out the purpose of the Market

Development Cooperator Program set forth in subsection (a) of this

section. The costs of activities under such a contract shall be

shared equitably among the Department of Commerce, the cooperator

involved, and, whenever appropriate, foreign businesses. The

Department of Commerce shall undertake to support direct costs of

activities under such a contract, and the cooperator shall

undertake to support indirect costs of such activities. Activities

under such a contract shall be carried out by the cooperator with

the approval and assistance of the Secretary.

(c) Cooperator partnership program

(1) In general

(A) As part of the Market Development Cooperator Program

established under subsection (a) of this section, the Secretary

of Commerce shall establish a partnership program with

cooperators under which a cooperator may detail individuals,

subject to the approval of the Secretary, to the United States

and Foreign Commercial Service for a period of not less than 1

year or more than 2 years to supplement the Commercial Service.

(B) Any individual detailed to the United States and Foreign

Commercial Service under this subsection shall be responsible for

such duties as the Secretary may prescribe in order to carry out

the purpose of the Market Development Cooperator Program set

forth in subsection (a) of this section.

(C) Individuals detailed to the United States and Foreign

Commercial Service under this subsection shall not be considered

to be employees of the United States for the purposes of any law

administered by the Office of Personnel Management, except that

the Secretary of State may determine the applicability to such

individuals of section 2669(f) of title 22 and of any other law

administered by the Secretary of State concerning the detail of

such individuals abroad.

(2) Qualifications of participants

In order to qualify for the program established under this

subsection, individuals shall have demonstrated expertise in the

international business arena in at least 2 of the following

areas: marketing, market research, and computer data bases.

(3) Expenses of the program

(A) The cooperator who details an individual to the United

States and Foreign Commercial Service under this subsection shall

be responsible for that individual's salary and related expenses,

including health care, life insurance, and other noncash

benefits, if any, normally paid by such cooperator.

(B) The Secretary of Commerce shall pay transportation and

housing costs for each individual participating in the program

established under this subsection.

(d) Budget Act

Contracts may be entered into under this section in a fiscal year

only to such extent or in such amounts as are provided in

appropriations Acts.

-SOURCE-

(Pub. L. 100-418, title II, Sec. 2303, Aug. 23, 1988, 102 Stat.

1342.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4051, 4052, 4723a of this

title; title 22 section 5823.

-CITE-

15 USC Sec. 4723a 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 73 - EXPORT ENHANCEMENT

SUBCHAPTER III - EXPORT PROMOTION

-HEAD-

Sec. 4723a. United States Commercial Centers

-STATUTE-

(a) Establishment

The Secretary of Commerce, in his or her role as chairperson of

the Trade Promotion Coordinating Committee, is authorized and

encouraged to establish United States Commercial Centers

(hereinafter in this section referred to as ''Centers'') in Asia,

in Latin America, and in Africa.

(b) Purpose of Centers

The purpose of the Centers shall be to provide additional

resources for the promotion of exports of United States goods and

services to the host countries, by familiarizing United States

exporters with the industries, markets, and customs of the host

countries, thus facilitating commercial ties and trade.

(c) Functions of Centers

Each Center shall -

(1) collect and publish economic and market data with respect

to the host country;

(2) provide, on a user-fee basis, preliminary technical and

clerical assistance, language translation, and administrative

assistance, and information regarding the legal systems, laws,

regulations, and procedures of the host country, to United States

exporters seeking to do business in the host country; and

(3) in other ways promote exports of United States goods and

services to the host country.

(d) Specific services to be provided

To carry out its objectives, each Center shall make available the

following (on a user-fee basis):

(1) Business facilities

Business facilities, including exhibition space, conference

rooms, office space (including telephones and other basic office

equipment), and, where warranted by impeding deficiencies in the

public system, high quality international telecommunications

facilities.

(2) Business services

Business support services, including language translation

services, clerical services, and a commercial library containing

a comprehensive collection of reference materials covering United

States and host country industries and markets.

(3) Commercial law information services

Commercial law information services, including -

(A) a clearinghouse for information regarding the relevant

commercial laws, practices, and regulations of the host

country;

(B) publications to assist United States businesses;

(C) legal referral services; and

(D) lists of local agents and distributors.

(e) Other trade promotion activities

Each Center shall also promote United States export trade by -

(1) facilitating contacts between buyers, sellers, bankers,

traders, distributors, agents, and necessary government officials

from the United States and the host country;

(2) coordinating trade missions; and

(3) assisting with applications, contracts, and clearances for

imports into the host country and exports from the United States.

(f) Staffing of Centers

Each Center shall be staffed by members of the United States and

Foreign Commercial Service, participants in the Market Development

Cooperator Program established under section 4723 of this title,

other employees of the Department of Commerce, and employees of

appropriate executive branch departments and agencies which are

members of the Trade Promotion Coordinating Committee.

(g) Center facilities and their relationship to United States

Department of Commerce operations in host countries

(1) Physical accommodations for the Centers

The Secretary of Commerce shall locate each Center in the

primary commercial city of the host country. The Secretary shall

acquire office space, exhibition space, and other facilities and

equipment that are necessary for each Center to perform its

functions. To the extent feasible, each Center shall be located

in the central commercial district of the host city.

(2) Consolidation of Department of Commerce operations in host

countries

For the purpose of obtaining maximum effectiveness and

efficiency and to the extent consistent with the purposes of the

Centers, the Secretary of Commerce is encouraged to place all

personnel of the Department of Commerce who are assigned to the

city in which a Center is located in the same facilities as those

in which the Center conducts its activities.

(h) Use of Market Development Cooperator Program

The Secretary of Commerce shall, to the greatest extent feasible,

use the Market Development Cooperator Program established under

section 4723 of this title to assist in carrying out the purposes

of the Centers established under this section.

(i) Authorization of appropriations

There are authorized to be appropriated to the Secretary of

Commerce to carry out this section $8,000,000 for fiscal year 1993,

and $5,500,000 for fiscal year 1994. Funds made available under

this subsection may be used for the acquisition of real property.

(j) Repealed. Pub. L. 104-66, title I, Sec. 1021(b), Dec. 21, 1995,

109 Stat. 712

(k) Definitions

For purposes of this section -

(1) the term ''United States exporter'' means -

(A) a United States citizen,

(B) a corporation, partnership, or other association created

under the laws of the United States or of any State, or

(C) a foreign corporation, partnership, or other association,

more than 95 percent of which is owned by persons described in

subparagraphs (A) and (B),

that exports, or seeks to export, goods or services produced in

the United States;

(2) the term ''State'' means any of the several States, the

District of Columbia, or any commonwealth, territory, or

possession of the United States; and

(3) the term ''United States'' means the several States, the

District of Columbia, and any commonwealth, territory, or

possession of the United States.

-SOURCE-

(Pub. L. 102-549, title IV, Sec. 401, Oct. 28, 1992, 106 Stat.

3661; Pub. L. 104-66, title I, Sec. 1021(b), Dec. 21, 1995, 109

Stat. 712.)

-COD-

CODIFICATION

Section was enacted as part of the Jobs Through Exports Act of

1992, and not as part of the Export Enhancement Act of 1988 which

enacted this chapter.

-MISC3-

AMENDMENTS

1995 - Subsec. (j). Pub. L. 104-66 struck out heading and text of

subsec. (j). Text read as follows: ''The Secretary of Commerce

shall submit to the Committee on Foreign Affairs of the House of

Representatives and the Committee on Banking, Housing, and Urban

Affairs of the Senate, not later than 1 year after October 28,

1992, and not later than the end of each 1-year period occurring

thereafter, a report on the status, activities, and effectiveness

of the Centers. Each such report shall include any recommendations

with respect to the program established under this section.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4729 of this title.

-CITE-

15 USC Sec. 4724 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 73 - EXPORT ENHANCEMENT

SUBCHAPTER III - EXPORT PROMOTION

-HEAD-

Sec. 4724. Trade shows

-STATUTE-

(a) Authority of Secretary of Commerce

In order to facilitate exporting by United States businesses, the

Secretary of Commerce shall provide assistance for trade shows in

the United States which bring together representatives of United

States businesses seeking to export goods or services produced in

the United States and representatives of foreign companies or

governments seeking to buy such goods or services from these United

States businesses.

(b) Recipients of assistance

Assistance under subsection (a) of this section may be provided

to -

(1) nonprofit industry organizations,

(2) trade associations,

(3) foreign trade zones, and

(4) private industry firms or groups of firms in cases where no

entity described in paragraph (1), (2), or (3) represents that

industry,

to provide the services necessary to operate trade shows described

in subsection (a) of this section.

(c) Assistance to small businesses

In providing assistance under this section, the Secretary of

Commerce shall, in consultation with the Administrator of the Small

Business Administration, make special efforts to facilitate

participation by small businesses and companies new to export.

(d) Uses of assistance

Funds appropriated to carry out this section shall be used to -

(1) identify potential participants for trade show organizers,

(2) provide information on trade shows to potential

participants,

(3) supply language services for participants, and

(4) provide information on trade shows to small businesses and

companies new to export.

(e) Definitions

As used in this section -

(1) the term ''United States business'' means -

(A) a United States citizen;

(B) a corporation, partnership, or other association created

under the laws of the United States or of any State (including

the District of Columbia or any commonwealth, territory, or

possession of the United States); or

(C) a foreign corporation, partnership, or other association,

more than 95 percent of which is owned by persons described in

subparagraphs (A) and (B); and

(2) the term ''small business'' means any small business

concern as defined under section 632 of this title.

-SOURCE-

(Pub. L. 100-418, title II, Sec. 2304, Aug. 23, 1988, 102 Stat.

1343.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4051 of this title.

-CITE-

15 USC Sec. 4725 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 73 - EXPORT ENHANCEMENT

SUBCHAPTER III - EXPORT PROMOTION

-HEAD-

Sec. 4725. United States and Foreign Commercial Service Pacific Rim

initiative

-STATUTE-

(a) In general

In order to encourage the export of United States goods and

services to Japan, South Korea, and Taiwan, the United States and

Foreign Commercial Service shall make a special effort to -

(1) identify United States goods and services which are not

being exported to the markets of Japan, South Korea, and Taiwan

but which could be exported to these markets under competitive

market conditions;

(2) identify and notify United States persons who sell or

provide such goods or services of potential opportunities

identified under paragraph (1);

(3) present, periodically, a list of the goods and services

identified under paragraph (1), together with a list of any

impediments to the export of such goods and services, to

appropriate authorities in Japan, South Korea, and Taiwan, with a

view toward liberalizing markets to such goods and services;

(4) facilitate the entrance into such markets by United States

persons identified and notified under paragraph (2); and

(5) monitor and evaluate the results of efforts to increase the

sale of goods and services in such markets.

(b) Reports to Congress

The Secretary of Commerce shall report periodically to the

Congress on activities carried out under subsection (a) of this

section.

(c) ''United States person'' defined

As used in this section, the term ''United States person'' means

-

(1) a United States citizen; or

(2) a corporation, partnership, or other association created

under the laws of the United States or any State (including the

District of Columbia or any commonwealth, territory, or

possession of the United States).

-SOURCE-

(Pub. L. 100-418, title II, Sec. 2306, Aug. 23, 1988, 102 Stat.

1344.)

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which a report required under subsec. (b) of this section is listed

on page 51), see section 3003 of Pub. L. 104-66, as amended, set

out as a note under section 1113 of Title 31, Money and Finance.

-CITE-

15 USC Sec. 4726 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 73 - EXPORT ENHANCEMENT

SUBCHAPTER III - EXPORT PROMOTION

-HEAD-

Sec. 4726. Indian tribes export promotion

-STATUTE-

(a) Assistance authorized

The Secretary of Commerce is authorized to provide assistance to

eligible entities for the development of foreign markets for

authentic American Indian arts and crafts. Eligible entities under

this section include Indian tribes, tribal organizations, tribal

enterprises, craft guilds, marketing cooperatives, and individual

Indian-owned businesses.

(b) Activities eligible for assistance

Activities eligible for assistance under this section include,

but are not limited to, conduct of market surveys, development of

promotional materials, financing of trade missions, participation

in international trade fairs, direct marketing, and other market

development activities.

(c) Administration of assistance

Assistance under this section shall be administered by the

Secretary of Commerce under guidelines developed by the Secretary.

Priority shall be given to projects which support the establishment

of long term, stable international markets for American Indian arts

and crafts and which are designed to provide the greatest economic

benefit to American Indian artisans.

(d) Technical and other assistance

The Secretary of Commerce shall provide technical assistance and

support services to applicants eligible for and entities receiving

assistance under this section for the purpose of helping them in

identifying and entering appropriate foreign markets, complying

with foreign and domestic legal and banking requirements regarding

the export and import of arts and crafts, and utilizing import and

export financial arrangements, and shall provide such other

assistance as may be necessary to support the development of export

markets for American Indian arts and crafts.

(e) Limitation on assistance

No assistance shall be provided under this section in support of

any activity which includes the sale or marketing of any craft

items other than authentic arts and crafts hand made or hand

crafted by American Indian artisans.

-SOURCE-

(Pub. L. 100-418, title II, Sec. 2307, Aug. 23, 1988, 102 Stat.

1345.)

-CITE-

15 USC Sec. 4727 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 73 - EXPORT ENHANCEMENT

SUBCHAPTER III - EXPORT PROMOTION

-HEAD-

Sec. 4727. Trade Promotion Coordinating Committee

-STATUTE-

(a) Establishment and purpose

The President shall establish the Trade Promotion Coordinating

Committee (hereafter in this section referred to as the ''TPCC'').

The purpose of the TPCC shall be -

(1) to provide a unifying framework to coordinate the export

promotion and export financing activities of the United States

Government; and

(2) to develop a governmentwide strategic plan for carrying out

Federal export promotion and export financing programs.

(b) Duties

The TPCC shall -

(1) coordinate the development of the trade promotion policies

and programs of the United States Government;

(2) provide a central source of information for the business

community on Federal export promotion and export financing

programs;

(3) coordinate official trade promotion efforts to ensure

better delivery of services to United States businesses,

including -

(A) information and counseling on United States export

promotion and export financing programs and opportunities in

foreign markets;

(B) representation of United States business interests

abroad; and

(C) assistance with foreign business contacts and projects;

(4) prevent unnecessary duplication in Federal export promotion

and export financing activities;

(5) assess the appropriate levels and allocation of resources

among agencies in support of export promotion and export

financing and provide recommendations to the President based on

its assessment; and

(6) carry out such other duties as are deemed to be

appropriate, consistent with the purpose of the TPCC.

(c) Strategic plan

To carry out subsection (b) of this section, the TPCC shall

develop and implement a governmentwide strategic plan for Federal

trade promotion efforts. Such plan shall -

(1) establish a set of priorities for Federal activities in

support of United States exports and explain the rationale for

the priorities;

(2) review current Federal programs designed to promote the

sale of United States exports in light of the priorities

established under paragraph (1) and develop a plan to bring such

activities into line with the priorities and to improve

coordination of such activities;

(3) identify areas of overlap and duplication among Federal

export promotion activities and propose means of eliminating

them;

(4) propose to the President an annual unified Federal trade

promotion budget that supports the plan for priority activities

and improved coordination established under paragraph (2) and

eliminates funding for the areas of overlap and duplication

identified under paragraph (3);

(5) review efforts by the States (as defined in section 4721(i)

of this title) to promote United States exports and propose means

of developing cooperation between State and Federal efforts,

including co-location, cost-sharing between Federal and State

export promotion programs, and sharing of market research data;

and

(6) reflect the recommendations of the United States National

Tourism Organization to the degree considered appropriate by the

TPCC.

(d) Membership

(1) In general

Members of the TPCC shall include representatives from -

(A) the Department of Commerce;

(B) the Department of State;

(C) the Department of the Treasury;

(D) the Department of Agriculture;

(E) the Department of Energy;

(F) the Department of Transportation;

(G) the Office of the United States Trade Representative;

(H) the Small Business Administration;

(I) the Agency for International Development;

(J) the Trade and Development Program;

(K) the Overseas Private Investment Corporation;

(L) the Export-Import Bank of the United States; and

(M) at the discretion of the President, such other

departments or agencies as may be necessary.

(2) Chairperson

The Secretary of Commerce shall serve as the chairperson of the

TPCC.

(e) Member qualifications

Members of the TPCC shall be appointed by the heads of their

respective departments or agencies. Such members, as well as

alternates designated by any members unable to attend a meeting of

the TPCC, shall be individuals who exercise significant

decisionmaking authority in their respective departments or

agencies.

(f) Report to Congress

The chairperson of the TPCC shall prepare and submit to the

Committee on Banking, Housing, and Urban Affairs of the Senate, and

the Committee on International Relations of the House of

Representatives, not later than March 30 of each year, a report

describing -

(1) the strategic plan developed by the TPCC pursuant to

subsection (c) of this section, the implementation of such plan,

and any revisions thereto; and

(2) the implementation of sections 5823 and 5824 of title 22

(FOOTNOTE 1) concerning funding for export promotion activities

and the interagency working groups on energy of the TPCC.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Pub. L. 100-418, title II, Sec. 2312, as added Pub. L. 102-429,

title II, Sec. 201, Oct. 21, 1992, 106 Stat. 2199; amended Pub. L.

104-66, title I, Sec. 1022(a), Dec. 21, 1995, 109 Stat. 713; Pub.

L. 104-288, Sec. 8, Oct. 11, 1996, 110 Stat. 3407; Pub. L. 106-158,

Sec. 7, Dec. 9, 1999, 113 Stat. 1747.)

-REFTEXT-

REFERENCES IN TEXT

Sections 5823 and 5824 of title 22, referred to in subsec.

(f)(2), was, in the original, ''sections 303 and 304 of the Freedom

for Russia and Emerging Democracies and Open Markets Support Act of

1992 (22 U.S.C. 5823 and 5824)'', and was translated as meaning

sections 303 and 304 of the Freedom for Russia and Emerging

Eurasian Democracies and Open Markets Support Act of 1992, Pub. L.

102-511, to reflect the probable intent of Congress.

-MISC2-

AMENDMENTS

1999 - Subsec. (f). Pub. L. 106-158 substituted ''March 30 of

each year,'' for ''September 30, 1995, and annually thereafter,''

in introductory provisions.

1996 - Subsec. (c)(6). Pub. L. 104-288 added par. (6).

1995 - Subsec. (f). Pub. L. 104-66 amended heading and text of

subsec. (f) generally. Prior to amendment, text read as follows:

''The chairperson of the TPCC shall prepare and submit to the

Committee on Banking, Housing, and Urban Affairs of the Senate, and

the Committee on Foreign Affairs of the House of Representatives,

not later than September 30, 1993, and annually thereafter, a

report describing the strategic plan developed by the TPCC pursuant

to subsection (c) of this section, the implementation of such plan,

and any revisions thereto.''

-EXEC-

EX. ORD. NO. 12870. TRADE PROMOTION COORDINATING COMMITTEE

Ex. Ord. No. 12870, Sept. 30, 1993, 58 F.R. 51753, as amended by

Ex. Ord. No. 13286, Sec. 26, Feb. 28, 2003, 68 F.R. 10625,

provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including the Export

Enhancement Act of 1992 (Public Law 102-429, 106 Stat. 2186) (see

Short Title of 1992 Amendment note set out under section 635 of

Title 12, Banks and Banking), and section 301 of title 3, United

States Code, it is hereby ordered as follows:

Section 1. Establishment. There is established the ''Trade

Promotion Coordinating Committee'' (''TPCC''). The Committee shall

comprise representatives of each of the following:

(a) Department of Commerce;

(b) Department of State;

(c) Department of the Treasury;

(d) Department of Agriculture;

(e) Department of Energy;

(f) Department of Transportation;

(g) Department of Defense;

(h) Department of Labor;

(i) Department of the Interior;

(j) Department of Homeland Security;

(k) Agency for International Development;

(l) Trade and Development Agency;

(m) Environmental Protection Agency;

(n) United States Information Agency;

(o) Small Business Administration;

(p) Overseas Private Investment Corporation;

(q) Export-Import Bank of the United States;

(r) Office of the United States Trade Representative;

(s) Council of Economic Advisers;

(t) Office of Management and Budget;

(u) National Economic Council;

(v) National Security Council; and

(w) at the discretion of the President, such other departments

or agencies as may be necessary.

Members of the TPCC shall be appointed by the heads of their

respective departments or agencies. Such members, as well as their

designated alternatives, shall be individuals who exercise

significant decision-making authority in their respective

departments or agencies.

Sec. 2. Chairperson. The Secretary of Commerce shall be the

chairperson of the TPCC.

Sec. 3. Purpose. The purpose of the TPCC shall be to provide a

unifying framework to coordinate the export promotion and export

financing activities of the United States Government and to develop

a governmentwide strategic plan for carrying out such programs.

Sec. 4. Duties. The TPCC shall:

(a) coordinate the development of the trade promotion policies

and programs of the United States Government;

(b) provide a central source of information for the business

community on Federal export promotion and export financing

programs;

(c) coordinate official trade promotion efforts to ensure better

delivery of services to U.S. businesses, including:

(1) information and counseling on U.S. export promotion and

export financing programs and opportunities in foreign markets;

(2) representation of U.S. business interests abroad; and

(3) assistance with foreign business contacts and projects;

(d) prevent unnecessary duplication in Federal export promotion

and export financing activities;

(e) assess the appropriate levels and allocation of resources

among agencies in support of export promotion and export financing

and provide recommendations, through the Director of the Office of

Management and Budget to the President, based on its assessment;

and

(f) carry out such other duties as are deemed to be appropriate,

consistent with the purpose of the TPCC.

Sec. 5. Strategic Plan. To carry out section 4 of this order, the

TPCC shall develop and implement a governmentwide strategic plan

for Federal trade promotion efforts. Such plan shall:

(a) establish a set of priorities for Federal activities in

support of U.S. exports and explain the rationale for the

priorities;

(b) review current Federal programs designed to promote the sale

of U.S. exports in light of the priorities established under

paragraph (a) of this section and develop a plan to bring such

activities into line with those priorities and to improve

coordination of such activities;

(c) identify areas of overlap and duplication among Federal

export promotion activities and propose means of eliminating them;

(d) propose, through the Director of the Office of Management and

Budget, to the President an annual unified Federal trade promotion

budget that supports the plan for priority activities and improved

coordination established under paragraph (b) of this section and

eliminates funding for the areas of overlap and duplication

identified under paragraph (c) of this section; and

(e) review efforts by the States to promote U.S. exports and

propose means of developing cooperation between State and Federal

efforts, including co-location, cost-sharing between Federal and

State export promotion programs, and sharing of market research

data.

Sec. 6. Report. The chairperson of the TPCC, with the approval of

the President, shall prepare and submit to the Committee on

Banking, Housing, and Urban Affairs of the Senate, and the

Committee on Foreign Affairs of the House of Representatives, not

later than September 30, 1993, and annually thereafter, a report

describing the strategic plan developed by the TPCC pursuant to

section 5 of this order, the implementation of such a plan, and any

revisions to the plan.

(For abolition of United States Information Agency (other than

Broadcasting Board of Governors and International Broadcasting

Bureau), transfer of functions, and treatment of references

thereto, see sections 6531, 6532, and 6551 of Title 22, Foreign

Relations and Intercourse.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4727a, 4728, 4729 of this

title; title 12 section 635.

-CITE-

15 USC Sec. 4727a 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 73 - EXPORT ENHANCEMENT

SUBCHAPTER III - EXPORT PROMOTION

-HEAD-

Sec. 4727a. Implementation of primary objectives of TPCC

-STATUTE-

The Trade Promotion Coordinating Committee shall -

(1) report on the actions taken or efforts currently underway

to eliminate the areas of overlap and duplication identified

among Federal export promotion activities;

(2) coordinate efforts to sponsor or promote any trade show or

trade fair;

(3) work with all relevant State and national organizations,

including the National Governors' Association, that have

established trade promotion offices;

(4) report on actions taken or efforts currently underway to

promote better coordination between State, Federal, and private

sector export promotion activities, including co-location, cost

sharing between Federal, State, and private sector export

promotion programs, and sharing of market research data; and

(5) by not later than March 30, 2000, and annually thereafter,

include the matters addressed in paragraphs (1), (2), (3), and

(4) in the annual report required to be submitted under section

4727(f) of this title.

-SOURCE-

(Pub. L. 106-158, Sec. 6, Dec. 6, 1999, 113 Stat. 1746.)

-COD-

CODIFICATION

Section was enacted as part of the Export Enhancement Act of

1999, and not as part of the Export Enhancement Act of 1988 which

enacted this chapter.

-CITE-

15 USC Sec. 4728 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 73 - EXPORT ENHANCEMENT

SUBCHAPTER III - EXPORT PROMOTION

-HEAD-

Sec. 4728. Environmental trade promotion

-STATUTE-

(a) Statement of policy

It is the policy of the United States to foster the export of

United States environmental technologies, goods, and services. In

exercising their powers and functions, all appropriate departments

and agencies of the United States Government shall encourage and

support sales of such technologies, goods, and services.

(b) Environmental Trade Working Group of Trade Promotion

Coordination Committee

(1) Establishment and purpose

The President shall establish the Environmental Trade Promotion

Working Group (hereafter in this section referred to as the

''Working Group'') as a subcommittee of the Trade Promotion

Coordination Committee (hereafter in this section referred to as

the ''TPCC''), established under section 4727 of this title. The

purpose of the Working Group shall be -

(A) to address all issues with respect to the export

promotion and export financing of United States environmental

technologies, goods, and services; and

(B) to develop a strategy for expanding United States exports

of environmental technologies, goods, and services.

(2) Membership

The members of the Working Group shall be -

(A) representatives of the departments and agencies that are

represented on the TPCC, who are designated by the head of

their respective departments or agencies to advise the head of

such department or agency on ways of promoting the export of

United States environmental technologies, goods, and services;

and

(B) a representative of the Environmental Protection Agency.

(3) Chairperson

The Secretary of Commerce (hereafter in this section referred

to as the ''Secretary'') shall designate the chairperson of the

Working Group from among senior employees of the Department of

Commerce. The chairperson shall -

(A) assess the effectiveness of United States Government

programs for the promotion of exports of environmental

technologies, goods, and services;

(B) recommend improvements to such programs, including

regulatory changes or additional authority that may be

necessary to improve the promotion of exports of environmental

technologies, goods, and services;

(C) ensure that the members of the Working Group coordinate

their environmental trade promotion programs, including

feasibility studies, technical assistance, training programs,

business information services, and export financing; and

(D) assess, jointly with the Working Group representative of

the Environmental Protection Agency, the extent to which the

environmental trade promotion programs of the Working Group

advance the environmental goals established in ''Agenda 21'' by

the United Nations Conference on Environment and Development

held at Rio de Janeiro, and in other international

environmental agreements.

(4) Report to Congress

The chairperson of the TPCC shall include a report on the

activities of the Working Group as a part of the annual report

submitted to the Congress by the TPCC.

(c) Environmental Technologies Trade Advisory Committee

(1) Establishment and purpose

The Secretary, in carrying out the duties of the chairperson of

the TPCC, shall establish the Environmental Technologies Trade

Advisory Committee (hereafter in this section referred to as the

''Committee''). The purpose of the Committee shall be to provide

advice and guidance to the Working Group in the development and

administration of programs to expand United States exports of

environmental technologies, goods, and services and products that

comply with United States environmental, safety, and related

requirements.

(2) Membership

The members of the Committee shall be drawn from

representatives of -

(A) environmental businesses, including small businesses;

(B) trade associations in the environmental sector;

(C) private sector organizations involved in the promotion of

environmental exports, including products that comply with

United States environmental, safety, and related requirements;

(D) States (as defined in section 4721(i)(5) (FOOTNOTE 1) of

this title) and associations representing the States; and

(FOOTNOTE 1) See References in Text note below.

(E) other appropriate interested members of the public,

including labor representatives.

The Secretary shall appoint as members of the Committee at least

1 individual under each of subparagraphs (A) through (E).

(d) Export plans for priority countries

(1) Priority country identification

The Working Group, in consultation with the Committee, shall

annually assess which foreign countries have markets with the

greatest potential for the export of United States environmental

technologies, goods, and services. Of these countries the

Working Group shall select as priority countries 5 with the

greatest potential for the application of United States

Government export promotion resources related to environmental

exports.

(2) Export plans

The Working Group, in consultation with the Committee, shall

annually create a plan for each priority country selected under

paragraph (1), setting forth in detail ways to increase United

States environmental exports to such country. Each such plan

shall -

(A) identify the primary public and private sector

opportunities for United States exporters of environmental

technologies, goods, and services in the priority country;

(B) analyze the financing and other requirements for major

projects in the priority country which will use environmental

technologies, goods, and services, and analyze whether such

projects are dependent upon financial assistance from foreign

countries or multilateral institutions; and

(C) list specific actions to be taken by the member agencies

of the Working Group to increase United States exports to the

priority country.

(e) Trade information

In support of the work of the Working Group, the Secretary shall,

as part of the regular market survey and information services

activities of the Department of Commerce, make available -

(1) information on existing and emerging markets and market

trends for environmental technologies, goods, and services; and

(2) a description of the export promotion programs for

environmental technologies, goods, and services of the agencies

that are represented on the Working Group.

(f) Environmental technologies specialists in United States and

Foreign Commercial Service

(1) Assignment of environmental technologies specialists

The Secretary shall assign a specialist in environmental

technologies to the office of the United States and Foreign

Commercial Service in each of the 5 priority countries selected

under subsection (d)(1) of this section, and the Secretary is

authorized to assign such a specialist to the office of the

United States and Foreign Commercial Service in any country that

is a promising market for United States exports of environmental

technologies, goods, and services. Such specialist may be an

employee of the Department, an employee of any relevant United

States Government department or agency assigned on a temporary or

limited term basis to the Commerce Department, or a

representative of the private sector assigned to the Department

of Commerce.

(2) Duties of environmental technologies specialists

Each specialist assigned under paragraph (1) shall provide

export promotion assistance to United States environmental

businesses, including, but not limited to -

(A) identifying factors in the country to which the

specialist is assigned that affect the United States share of

the domestic market for environmental technologies, goods, and

services, including market barriers, standards-setting

activities, and financing issues;

(B) providing assessments of assistance by foreign

governments that is provided to producers of environmental

technologies, goods, and services in such countries in order to

enhance exports to the country to which the specialist is

assigned, the effectiveness of such assistance on the

competitiveness of United States products, and whether

comparable United States assistance exists;

(C) training Foreign Commercial Service Officers in the

country to which the specialist is assigned, other countries in

the region, and United States and Foreign Commercial Service

offices in the United States, in environmental technologies and

the international environmental market;

(D) providing assistance in identifying potential customers

and market opportunities in the country to which the specialist

is assigned;

(E) providing assistance in obtaining necessary business

services in the country to which the specialist is assigned;

(F) providing information on environmental standards and

regulations in the country to which the specialist is assigned;

(G) providing information on all United States Government

programs that could assist the promotion, financing, and sale

of United States environmental technologies, goods, and

services in the country to which the specialist is assigned;

and

(H) promoting the equal treatment of United States

environmental, safety, and related requirements, with those of

other exporting countries, in order to promote exports of

United States-made products.

(g) Environmental training in one-stop shops

In addition to the training provided under subsection (f)(2)(C)

of this section, the Secretary shall establish a mechanism to train

-

(1) Commercial Service Officers assigned to the one-stop shops

provided for in section 4721(b)(8) of this title, and

(2) Commercial Service Officers assigned to district offices in

districts having large numbers of environmental businesses,

in environmental technologies and in the international

environmental marketplace, and ensure that such officers receive

appropriate training under such mechanism. Such training may be

provided by officers or employees of the Department of Commerce,

and other United States Government departments and agencies, with

appropriate expertise in environmental technologies and the

international environmental workplace, and by appropriate

representatives of the private sector.

(h) International regional environmental initiatives

(1) Establishment of initiatives

The TPCC may establish one or more international regional

environmental initiatives the purpose of which shall be to

coordinate the activities of Federal departments and agencies in

order to build environmental partnerships between the United

States and the geographic region outside the United States for

which such initiative is established. Such partnerships shall

enhance environmental protection and promote sustainable

development by using in the region technical expertise and

financial resources of United States departments and agencies

that provide foreign assistance and by expanding United States

exports of environmental technologies, goods, and services to

that region.

(2) Activities

In carrying out each international regional environmental

initiative, the TPCC shall -

(A) support, through the provision of foreign assistance, the

development of sound environmental policies and practices in

countries in the geographic region for which the initiative is

established, including the development of environmentally sound

regulatory regimes and enforcement mechanisms;

(B) identify and disseminate to United States environmental

businesses information regarding specific environmental

business opportunities in that geographic region;

(C) coordinate existing Federal efforts to promote

environmental exports to that geographic region, and ensure

that such efforts are fully coordinated with environmental

export promotion efforts undertaken by the States and the

private sector;

(D) increase assistance provided by the Federal Government to

promote exports from the United States of environmental

technologies, goods, and services to that geographic region,

such as trade missions, reverse trade missions, trade fairs,

and programs in the United States to train foreign nationals in

United States environmental technologies; and

(E) increase high-level advocacy by United States Government

officials (including the United States ambassadors to the

countries in that geographic region) for United States

environmental businesses seeking market opportunities in that

geographic region.

(i) Environmental technologies project advocacy calendar and

information dissemination program

The Working Group shall -

(1) maintain a calendar, updated at the end of each calendar

quarter, of significant opportunities for United States

environmental businesses in foreign markets and trade promotion

events, which shall -

(A) be made available to the public;

(B) identify the 50 to 100 environmental infrastructure and

procurement projects in foreign markets that have the greatest

potential in the calendar quarter for United States exports of

environmental technologies, goods, and services; and

(C) include trade promotion events, such as trade missions

and trade fairs, in the environmental sector; and

(2) provide, through the National Trade Data Bank and other

information dissemination channels, information on opportunities

for environmental businesses in foreign markets and information

on Federal export promotion programs.

(j) Environmental technology export alliances

Subject to the availability of appropriations for such purpose,

the Secretary is authorized to use the Market Development

Cooperator Program to support the creation on a regional basis of

alliances of private sector entities, nonprofit organizations, and

universities, that support the export of environmental

technologies, goods, and services and promote the export of

products complying with United States environmental, safety, and

related requirements.

(k) ''Environmental business'' defined

For purposes of this section, the term ''environmental business''

means a business that produces environmental technologies, goods,

or services.

-SOURCE-

(Pub. L. 100-418, title II, Sec. 2313, as added Pub. L. 102-429,

title II, Sec. 204(a), Oct. 21, 1992, 106 Stat. 2202; amended Pub.

L. 103-392, title IV, Sec. 402, Oct. 22, 1994, 108 Stat. 4099.)

-REFTEXT-

REFERENCES IN TEXT

Section 4721 of this title, referred to in subsec. (c)(2)(D), was

amended, and section 4721(i)(5) does not define ''States''.

However, such term is defined elsewhere in that section.

-MISC2-

AMENDMENTS

1994 - Subsecs. (c) to (e). Pub. L. 103-392, Sec. 402(a), added

subsecs. (c) and (d), redesignated former subsec. (c) as (e), and

struck out former subsec. (d) which related to overseas services

for exporters.

Subsecs. (f) to (k). Pub. L. 103-392, Sec. 402(b), added subsecs.

(f) to (k).

REPORT ON INSURANCE FEASIBILITY

Section 204(b) of Pub. L. 102-429 directed that, not later than 1

year after Oct. 21, 1992, chairperson of Trade Promotion

Coordinating Committee, after consultation with appropriate

departments and agencies of the United States Government, submit a

report to Congress that analyzes (1) the extent to which Federal

investment insurance and export financing programs sufficiently

protect against business failures or default on obligations arising

from changes by a foreign government in its environmental laws or

regulations, and (2) the advisability and feasibility of expanding

coverage of such programs, or creating new programs, to address

such risks.

-CITE-

15 USC Sec. 4729 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 73 - EXPORT ENHANCEMENT

SUBCHAPTER III - EXPORT PROMOTION

-HEAD-

Sec. 4729. Report on export policy

-STATUTE-

(a) In general

Not later than May 31 of each year, the Secretary of Commerce

shall submit to the Congress a report on the international economic

position of the United States and, not later than June 30 of each

year, shall appear before the Committee on Banking, Housing, and

Urban Affairs of the Senate and the Committee on Foreign Affairs of

the House of Representatives to testify on issues addressed in that

report.

(b) Contents

(1) In general

Each report required under subsection (a) of this section shall

address -

(A) the state of United States international economic

competitiveness, focusing, in particular, on the efforts of the

Department of Commerce -

(i) to encourage research and development of technologies

and products deemed critical for industrial leadership;

(ii) to promote investment in and improved manufacturing

processes for such technologies and products; and

(iii) to increase United States industrial exports of

products using the technologies described in clause (i) to

those markets where the United States Government has sought

to reduce barriers to exports;

(B) the report on the Trade Promotion Coordinating Committee

strategic plan submitted to the Congress in accordance with

section 4727(f) of this title;

(C) other specific recommendations of the Department of

Commerce to improve the United States balance of trade;

(D) the effects on the international economic competitiveness

of the United States of -

(i) formal and informal trade barriers; and

(ii) subsidies by foreign countries to their domestic

industries;

(E) the efforts of the Department of Commerce to reduce trade

barriers;

(F) the adequacy of export financing programs of the United

States Government and recommendations for improving such

programs;

(G) the status, activities, and effectiveness of the United

States commercial centers established under section 4723a of

this title;

(H) the implementation of sections 5821 and 5822 of title 22

(FOOTNOTE 1) concerning American Business Centers and the

Independent States Business and Agriculture Advisory Council;

(FOOTNOTE 1) See References in Text note below.

(I) the programs of other industrialized nations to assist

their companies with their efforts to transact business in the

independent states of the former Soviet Union; and

(J) the trading practices of other Organization for Economic

Cooperation and Development nations, as well as the pricing

practices of transitional economies in the independent states,

that may disadvantage United States companies.

(2) Policy basis for reports

Portions of each report under this section may incorporate or

be based upon relevant reports and testimony produced by the

Department of Commerce or other agencies, but the policy views

shall be those of the Secretary of Commerce.

-SOURCE-

(Pub. L. 100-418, title II, Sec. 2314, as added Pub. L. 102-429,

title II, Sec. 206, Oct. 21, 1992, 106 Stat. 2204; amended Pub. L.

104-66, title I, Sec. 1022(b), Dec. 21, 1995, 109 Stat. 713.)

-REFTEXT-

REFERENCES IN TEXT

Sections 5821 and 5822 of title 22, referred to in subsec.

(b)(1)(H), was, in the original, ''sections 301 and 302 of the

Freedom for Russia and Emerging Democracies and Open Markets

Support Act of 1992 (22 U.S.C. 5821 and 5822)'', and was translated

as meaning sections 301 and 302 of the Freedom for Russia and

Emerging Eurasian Democracies and Open Markets Support Act of 1992,

Pub. L. 102-511, to reflect the probable intent of Congress.

-MISC2-

AMENDMENTS

1995 - Subsec. (b)(1)(G) to (J). Pub. L. 104-66 added subpars.

(G) to (J).

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-CITE-