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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 19USC2432]

 
                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 12--TRADE ACT OF 1974
 
      SUBCHAPTER IV--TRADE RELATIONS WITH COUNTRIES NOT RECEIVING 
                       NONDISCRIMINATORY TREATMENT
 
             Part 1--Trade Relations With Certain Countries
 
Sec. 2432. Freedom of emigration in East-West trade


(a) Actions of nonmarket economy countries making them ineligible for 
        normal trade relations, programs of credits, credit guarantees, 
        or investment guarantees, or commercial agreements

    To assure the continued dedication of the United States to 
fundamental human rights, and notwithstanding any other provision of 
law, on or after January 3, 1975, products from any nonmarket economy 
country shall not be eligible to receive nondiscriminatory treatment 
(normal trade relations), such country shall not participate in any 
program of the Government of the United States which extends credits or 
credit guarantees or investment guarantees, directly or indirectly, and 
the President of the United States shall not conclude any commercial 
agreement with any such country, during the period beginning with the 
date on which the President determines that such country--
        (1) denies its citizens the right or opportunity to emigrate;
        (2) imposes more than a nominal tax on emigration or on the 
    visas or other documents required for emigration, for any purpose or 
    cause whatsoever; or
        (3) imposes more than a nominal tax, levy, fine, fee, or other 
    charge on any citizen as a consequence of the desire of such citizen 
    to emigrate to the country of his choice,

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

(b) Presidential determination and report to Congress that nation is not 
        violating freedom of emigration

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

(c) Waiver authority of President

    (1) During the 18-month period beginning on January 3, 1975, the 
President is authorized to waive by Executive order the application of 
subsections (a) and (b) of this section with respect to any country, if 
he reports to the Congress that--
        (A) he has determined that such waiver will substantially 
    promote the objectives of this section; and
        (B) he has received assurances that the emigration practices of 
    that country will henceforth lead substantially to the achievement 
    of the objectives of this section.

    (2) During any period subsequent to the 18-month period referred to 
in paragraph (1), the President is authorized to waive by Executive 
order the application of subsections (a) and (b) of this section with 
respect to any country, if the waiver authority granted by this 
subsection continues to apply to such country pursuant to subsection (d) 
of this section, and if he reports to the Congress that--
        (A) he has determined that such waiver will substantially 
    promote the objectives of this section; and
        (B) he has received assurances that the emigration practices of 
    that country will henceforth lead substantially to the achievement 
    of the objectives of this section.

    (3) A waiver with respect to any country shall terminate on the day 
after the waiver authority granted by this subsection ceases to be 
effective with respect to such country pursuant to subsection (d) of 
this section. The President may, at any time, terminate by Executive 
order any waiver granted under this subsection.

(d) Extension of waiver authority

    (1) If the President determines that the further extension of the 
waiver authority granted under subsection (c) of this section will 
substantially promote the objectives of this section, he may recommend 
further extensions of such authority for successive 12-month periods. 
Any such recommendations shall--
        (A) be made not later than 30 days before the expiration of such 
    authority;
        (B) be made in a document transmitted to the House of 
    Representatives and the Senate setting forth his reasons for 
    recommending the extension of such authority; and
        (C) include, for each country with respect to which a waiver 
    granted under subsection (c) of this section is in effect, a 
    determination that continuation of the waiver applicable to that 
    country will substantially promote the objectives of this section, 
    and a statement setting forth his reasons for such determination.

If the President recommends the further extension of such authority, 
such authority shall continue in effect until the end of the 12-month 
period following the end of the previous 12-month extension with respect 
to any country (except for any country with respect to which such 
authority has not been extended under this subsection), unless a joint 
resolution described in section 2193(a) of this title is enacted into 
law pursuant to the provisions of paragraph (2).
    (2)(A) The requirements of this paragraph are met if the joint 
resolution is enacted under the procedures set forth in section 2193 of 
this title, and--
        (i) the Congress adopts and transmits the joint resolution to 
    the President before the end of the 60-day period beginning on the 
    date the waiver authority would expire but for an extension under 
    paragraph (1), and
        (ii) if the President vetoes the joint resolution, each House of 
    Congress votes to override such veto on or before the later of the 
    last day of the 60-day period referred to in clause (i) or the last 
    day of the 15-day period (excluding any day described in section 
    2194(b) of this title) beginning on the date the Congress receives 
    the veto message from the President.

    (B) If a joint resolution is enacted into law under the provisions 
of this paragraph, the waiver authority applicable to any country with 
respect to which the joint resolution disapproves of the extension of 
such authority shall cease to be effective as of the day after the 60-
day period beginning on the date of the enactment of the joint 
resolution.
    (C) A joint resolution to which this subsection and section 2193 of 
this title apply may be introduced at any time on or after the date the 
President transmits to the Congress the document described in paragraph 
(1)(B).

(e) Countries not covered

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

(Pub. L. 93-618, title IV, Sec. 402, Jan. 3, 1975, 88 Stat. 2056; Pub. 
L. 96-39, title XI, Sec. 1106(f)(1), July 26, 1979, 93 Stat. 312; Pub. 
L. 101-382, title I, Sec. 132(a)(1), (2), Aug. 20, 1990, 104 Stat. 643, 
644; Pub. L. 105-206, title V, Sec. 5003(b)(2)(A), July 22, 1998, 112 
Stat. 789.)

                       References in Text

    The Tariff Schedules of the United States, referred to in subsec. 
(e), to be treated as a reference to the Harmonized Tariff Schedule, see 
Pub. L. 100-418, title I, Sec. 1212, Aug. 23, 1988, 102 Stat. 1155, 
classified to section 3012 of this title. The Harmonized Tariff Schedule 
is not set out in the Code. See Publication of Harmonized Tariff 
Schedule note set out under section 1202 of this title.


                               Amendments

    1998--Subsecs. (a), (b). Pub. L. 105-206 substituted ``(normal trade 
relations)'' for ``(most-favored-nation treatment)''.
    1990--Subsec. (d)(1). Pub. L. 101-382, Sec. 132(a)(1), (2)(A), (B), 
redesignated par. (5) as (1), and substituted ``If the President 
determines that the further extension of the waiver authority granted 
under subsection (c) of this section will'' for ``If the waiver 
authority granted by subsection (c) of this section has been extended 
under paragraph (3) or (4) for any country for the 12-month period 
referred to in such paragraphs, and the President determines that the 
further extension of such authority will'' in introductory provisions, 
substituted ``, unless a joint resolution described in section 2193(a) 
of this title is enacted into law pursuant to the provisions of 
paragraph (2).'' for ``, unless before the end of the 60-day period 
following such previous 12-month extension, either the House of 
Representatives or the Senate adopts, by an affirmative vote of a 
majority of the Members present and voting in that House and under the 
procedures set forth in section 2193 of this title, a resolution 
disapproving the extension of such authority generally or with respect 
to such country specifically. Such authority shall cease to be effective 
with respect to all countries on the date of the adoption by either 
House before the end of such 60-day period of a resolution disapproving 
the extension of such authority, and shall cease to be effective with 
respect to any country on the date of the adoption by either House 
before the end of such 60-day period of a resolution disapproving the 
extension of such authority with respect to such country.'' in 
concluding provisions, and struck out former par. (1) which read as 
follows: ``If the President determines that the extension of the waiver 
authority granted by subsection (c)(1) of this section will 
substantially promote the objectives of this section, he may recommend 
to the Congress that such authority be extended for a period of 12 
months. Any such recommendation shall--
        ``(A) be made not later than 30 days before the expiration of 
    such authority;
        ``(B) be made in the document transmitted to the House of 
    Representatives and the Senate setting forth his reasons for 
    recommending the extension of such authority; and
        ``(C) include, for each country with respect to which a waiver 
    granted under subsection (c)(1) of this section is in effect, a 
    determination that continuation of the waiver applicable to that 
    country will substantially promote the objectives of this section, 
    and a statement setting forth his reasons for such determination.''
    Subsec. (d)(2). Pub. L. 101-382, Sec. 132(a)(2)(A), (C), added par. 
(2) and struck out former par. (2) which authorized extension of waiver 
authority for 12-month period upon recommendation of President and 
adoption of concurrent resolution approving extension of authority and 
not excluding country, and provided procedures if such resolution was 
not adopted.
    Subsec. (d)(3), (4). Pub. L. 101-382, Sec. 132(a)(2)(A), struck out 
par. (3) which authorized extension of waiver authority upon 
recommendation of President for 60 days, and for 12 months if before end 
of 60-day period concurrent resolution was adopted approving extension 
of authority and failing to exclude particular country, and provided 
procedures if such resolution was not adopted, and struck out par. (4) 
which authorized extension of waiver authority for 12 months upon 
recommendation of President if Congress failed to adopt concurrent 
resolution approving extension under par. (3) and also failed to adopt, 
in 45-day period following 60-day period, concurrent resolution 
disapproving extension generally or with respect to particular country.
    Subsec. (d)(5). Pub. L. 101-382, Sec. 132(a)(2)(B), redesignated 
par. (5) as (1).
    1979--Subsec. (c)(1). Pub. L. 96-39 substituted ``subsections (a) 
and (b) of this section'' for ``subsection (a) and (b) of this section'' 
in provisions preceding subpar. (A).


                    Effective Date of 1990 Amendment

    Section 132(d) of Pub. L. 101-382 provided that:
    ``(1) In general.--Except as provided in paragraph (2), the 
amendments made by this section [amending this section and sections 2191 
to 2194, 2435, and 2437 of this title] take effect on the date of the 
enactment of this Act [Aug. 20, 1990].
    ``(2) Extension of waiver authority.--
        ``(A) The amendments made by subsections (a) and (c)(4) and (5) 
    [amending this section and sections 2192 and 2193 of this title] 
    apply with respect to recommendations made under section 402(d) of 
    the Trade Act of 1974 [subsec. (d) of this section] by the President 
    after May 23, 1990.
        ``(B) Solely for purposes of applying the applicable provisions 
    of the Trade Act of 1974 [this chapter] with respect to the 
    recommendations made by the President to the House of 
    Representatives and the Senate under subsection (d) of section 402 
    of the Trade Act of 1974 after May 23, 1990, and on or before the 
    date of the enactment of this Act--
            ``(i) in paragraph (2)(A)(i) of subsection (d) of such 
        section 402 (as amended by subsection (a)), the date on which 
        the waiver authority granted under subsection (c) of such 
        section 402 would expire but for an extension under paragraph 
        (1) of such subsection (d) is the date of the enactment of this 
        Act;
            ``(ii) paragraph (2)(A)(ii) of subsection (d) of such 
        section 402 (as amended by subsection (a)) shall be treated as 
        reading as follows:
            `` `(ii) if the President vetoes the joint resolution, each 
        House of Congress votes to override such veto on or before the 
        last day of the 60-day period referred to in clause (i).';
            ``(iii) if the waiver authority granted under such 
        subsection (c) is extended after application of clauses (i) and 
        (ii), the expiration date for such authority is July 3, 1991; 
        and
            ``(iv) only joint resolutions described in section 153(a) of 
        the Trade Act of 1974 [section 2193(a) of this title] (as 
        amended by subsection (a)) that are introduced in the House of 
        Representatives or the Senate on or after the date of the 
        enactment of this Act may be considered by either body.''


                    Effective Date of 1979 Amendment

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

          Waiver of Subsections (a) and (b) by Executive Order

    The following Executive orders waived the application of subsections 
(a) and (b) of this section for the countries listed:
    Ex. Ord. No. 11854, Apr. 24, 1975, 40 F.R. 18391.--Socialist 
Republic of Romania.
    Ex. Ord. No. 12051, Apr. 7, 1978, 43 F.R. 15131.--Hungarian People's 
Republic.
    Ex. Ord. No. 12167, Oct. 23, 1979, 44 F.R. 61167.--People's Republic 
of China.
    Ex. Ord. No. 12702, Feb. 20, 1990, 55 F.R. 6231.--Czechoslovakia.
    Ex. Ord. No. 12726, Aug. 15, 1990, 55 F.R. 33637.--German Democratic 
Republic.
    Ex. Ord. No. 12740, Dec. 29, 1990, 56 F.R. 355.--Soviet Union.
    Ex. Ord. No. 12745, Jan. 22, 1991, 56 F.R. 2835.--Bulgaria.
    Ex. Ord. No. 12746, Jan. 23, 1991, 56 F.R. 2837.--Mongolia.
    Ex. Ord. No. 12772, Aug. 17, 1991, 56 F.R. 41621.--Romania.
    Ex. Ord. No. 12798, Apr. 6, 1992, 57 F.R. 12175.--Armenia.
    Ex. Ord. No. 12802, Apr. 16, 1992, 57 F.R. 14321.--Republic of 
Byelarus, Republic of Kyrgyzstan, and Russian Federation.
    Ex. Ord. No. 12809, June 3, 1992, 57 F.R. 23925.--Albania, 
Azerbaijan, Georgia, Kazakhstan, Moldova, Ukraine, and Uzbekistan.
    Ex. Ord. No. 12811, June 24, 1992, 57 F.R. 28585.--Tajikistan and 
Turkmenistan.
    Ex. Ord. No. 13079, Apr. 7, 1998, 63 F.R. 17309.--Vietnam.
    Ex. Ord. No. 13220, July 2, 2001, 66 F.R. 35527.--Republic of 
Belarus.

             Presidential Determinations Relating to Waivers

    The following Presidential Determinations related to waivers or 
continuation of waivers for the countries listed:
    Determination No. 81-8, June 2, 1981, 46 F.R. 30797.--Hungarian 
People's Republic, People's Republic of China, and Socialist Republic of 
Romania.
    Determination No. 83-7, June 3, 1983, 48 F.R. 26585.--Hungarian 
People's Republic, People's Republic of China, and Socialist Republic of 
Romania.
    Determination No. 84-9, May 31, 1984, 49 F.R. 24107.--Hungarian 
People's Republic, People's Republic of China, and Socialist Republic of 
Romania.
    Determination No. 86-10, June 3, 1986, 51 F.R. 22057.--Hungarian 
People's Republic, People's Republic of China, and Socialist Republic of 
Romania.
    Determination No. 87-14, June 2, 1987, 52 F.R. 22431.--Hungarian 
People's Republic, People's Republic of China, and Socialist Republic of 
Romania.
    Determination No. 88-18, June 3, 1988, 53 F.R. 21407.--Hungarian 
People's Republic and People's Republic of China.
    Determination No. 89-14, May 31, 1989, 54 F.R. 26943.--Hungarian 
People's Republic and People's Republic of China.
    Determination No. 90-10, Feb. 20, 1990, 55 F.R. 8899.--
Czechoslovakia.
    Determination No. 90-21, May 24, 1990, 55 F.R. 23183.--People's 
Republic of China.
    Determination No. 90-22, June 3, 1990, 55 F.R. 42831.--Czech and 
Slovak Federal Republic.
    Determination No. 90-30, Aug. 15, 1990, 55 F.R. 35421.--German 
Democratic Republic.
    Determination No. 91-11, Dec. 29, 1990, 56 F.R. 1561.--Soviet Union.
    Determination No. 91-18, Jan. 22, 1991, 56 F.R. 4169.--Bulgaria.
    Determination No. 91-19, Jan. 23, 1991, 56 F.R. 4171.--Mongolia.
    Determination No. 91-36, May 29, 1991, 56 F.R. 26757.--People's 
Republic of China.
    Determination No. 91-39, June 3, 1991, 56 F.R. 27187.--Republic of 
Bulgaria, Czech and Slovak Federal Republic, Soviet Union, and Mongolian 
People's Republic.
    Determination No. 91-48, Aug. 17, 1991, 56 F.R. 43861.--Romania.
    Determination No. 92-3, Oct. 16, 1991, 56 F.R. 55203.--Czech and 
Slovak Federal Republic.
    Determination No. 92-20, Apr. 3, 1992, 57 F.R. 13623.--Armenia, 
Belarus, Kyrgyzstan, and Russia.
    Determination No. 92-25, May 6, 1992, 57 F.R. 22147.--Azerbaijan, 
Georgia, Kazakhstan, Moldova, Ukraine, and Uzbekistan.
    Determination No. 92-26, May 20, 1992, 57 F.R. 48711.--Albania.
    Determination No. 92-29, June 2, 1992, 57 F.R. 24539.--People's 
Republic of China.
    Determination No. 92-30, June 3, 1992, 57 F.R. 24929.--Albania, 
Armenia, Azerbaijan, Bulgaria, Byelarus, Georgia, Kazakhstan, 
Kyrgyzstan, Moldova, Mongolia, Romania, Russia, Ukraine, and Uzbekistan.
    Determination No. 92-31, June 3, 1992, 57 F.R. 24931.--Tajikistan 
and Turkmenistan.
    Determination No. 93-23, May 28, 1993, 58 F.R. 31329.--People's 
Republic of China.
    Determination No. 93-25, June 2, 1993, 58 F.R. 33005.--Albania, 
Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, 
Mongolia, Romania, Russia, Tajikistan, Turkmenistan, Ukraine, and 
Uzbekistan.
    Determination No. 94-26, June 2, 1994, 59 F.R. 31103.--People's 
Republic of China.
    Determination No. 94-27, June 2, 1994, 59 F.R. 31105.--Albania, 
Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, 
Mongolia, Romania, Russia, Tajikistan, Turkmenistan, Ukraine, and 
Uzbekistan.
    Determination No. 95-23, June 2, 1995, 60 F.R. 31047.--People's 
Republic of China.
    Determination No. 95-24, June 2, 1995, 60 F.R. 31049.--Albania, 
Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, 
Mongolia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.
    Determination No. 96-29, May 31, 1996, 61 F.R. 29455.--People's 
Republic of China.
    Determination No. 96-30, June 3, 1996, 61 F.R. 29457.--Albania, 
Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, 
Mongolia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.
    Determination No. 97-25, May 29, 1997, 62 F.R. 31313.--People's 
Republic of China.
    Determination No. 97-28, June 3, 1997, 62 F.R. 32019.--Albania, 
Belarus, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and 
Uzbekistan.
    Determination No. 98-17, Mar. 9, 1998, 63 F.R. 14329.--Vietnam.
    Determination No. 98-26, June 3, 1998, 63 F.R. 32705.--People's 
Republic of China.
    Determination No. 98-27, June 3, 1998, 63 F.R. 32707.--Vietnam.
    Determination No. 98-28, June 3, 1998, 63 F.R. 32709.--Republic of 
Belarus.
    Determination No. 99-26, June 3, 1999, 64 F.R. 31109.--Republic of 
Belarus.
    Determination No. 99-27, June 3, 1999, 64 F.R. 31111.--Vietnam.
    Determination No. 99-28, June 3, 1999, 64 F.R. 31113.--People's 
Republic of China.
    Determination No. 2000-21, June 2, 2000, 65 F.R. 36309.--Vietnam.
    Determination No. 2000-22, June 2, 2000, 65 F.R. 36311.--Republic of 
Belarus.
    Determination No. 2000-23, June 2, 2000, 65 F.R. 36313.--People's 
Republic of China.
    Determination No. 2001-16, June 1, 2001, 66 F.R. 30631.--People's 
Republic of China.
    Determination No. 2001-17, June 1, 2001, 66 F.R. 30633.--Vietnam.
    Determination No. 2001-20, July 2, 2001, 66 F.R. 37109.--Republic of 
Belarus.
    Determination No. 02-21, June 3, 2002, 67 F.R. 40833.--Republic of 
Belarus.
    Determination No. 02-22, June 3, 2002, 67 F.R. 40835.--Vietnam.

                  Section Referred to in Other Sections

    This section is referred to in sections 2192, 2193, 2437, 2439 of 
this title; title 22 section 5401.