### §2701. Authority to grant duty-free treatment

The President may proclaim duty-free treatment (or other preferential treatment) for all eligible articles from any beneficiary country in accordance with the provisions of this chapter.

(Pub. L. 98–67, title II, §211, Aug. 5, 1983, 97 Stat. 384; Pub. L. 106–200, title II, §211(e)(1)(A), May 18, 2000, 114 Stat. 287.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in text, was in the original "this title", meaning title II of Pub. L. 98–67, Aug. 5, 1983, 97 Stat. 384, which is classified principally to this chapter. For complete classification of title II to the Code, see Short Title note set out below and Tables.

#### Amendments

2000—Pub. L. 106–200 inserted "(or other preferential treatment)" after "treatment".

#### **Statutory Notes and Related Subsidiaries**

#### Short Title of 2020 Amendment

Pub. L. 116–164, §1, Oct. 10, 2020, 134 Stat. 758, provided that: "This Act [amending sections 58c and 2703 of this title and amending provisions set out as a note under section 3805 of this title] may be cited as the 'Extension of the Caribbean Basin Economic Recovery Act'."

#### Short Title of 2010 Amendment

Pub. L. 111–171, §1, May 24, 2010, 124 Stat. 1194, provided that: "This Act [amending sections 58c, 2703, and 2703a of this title and enacting provisions set out as notes under section 2703a of this title and section 6655 of Title 26, Internal Revenue Code] may be cited as the 'Haiti Economic Lift Program Act of 2010'."

#### Short Title of 2008 Amendment

Pub. L. 110–234, title XV, §15401, May 22, 2008, 122 Stat. 1527, and Pub. L. 110–246, §4(a), title XV, §15401, June 18, 2008, 122 Stat. 1664, 2289, provided that: "This part [part I (§§15401–15412) of subtitle D of title XV of Pub. L. 110–246, amending sections 2703 and 2703a of this title and enacting provisions set out as notes under section 2703a of this title] may be cited as the 'Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2008' or the 'HOPE II Act'."

[Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.]

#### Short Title of 2006 Amendment

Pub. L. 109–432, div. D, title V, §5001, Dec. 20, 2006, 120 Stat. 3181, provided that: "This title [enacting section 2703a of this title, amending sections 2703 and 3203 of this title, and enacting provisions set out as a note under section 2703 of this title] may be cited as the 'Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2006'."

#### Short Title of 2000 Amendment

Pub. L. 106–200, title II, §201, May 18, 2000, 114 Stat. 275, provided that: "This title [amending this section and sections 2702 to 2704, 3202, and 3204 of this title and enacting provisions set out as notes under this section] may be cited as the 'United States-Caribbean Basin Trade Partnership Act'."

#### Short Title of 1990 Amendment

Pub. L. 101–382, title II, §201, Aug. 20, 1990, 104 Stat. 655, provided that: "This title [enacting section 226 of Title 20, Education, amending sections 1677, 2463, 2702, 2703, and 2706 of this title and section 936 of Title 26, Internal Revenue Code, enacting provisions set out as notes under this section and sections 1677, 2071, and 2703 of this title and section 936 of Title 26, and amending provisions set out as notes under section 2703 of this title] may be cited as the 'Caribbean Basin Economic Recovery Expansion Act of 1990'."

#### Short Title

Pub. L. 98–67, title II, §201, Aug. 5, 1983, 97 Stat. 384, provided that: "This title [enacting this chapter, amending section 1202 of this title and sections 274 and 7652 of Title 26, Internal Revenue Code, repealing section 2582 of this title, and enacting provisions set out as notes under sections 1319, 2251, and 2703 of this title, sections 274 and 7652 of Title 26, and section 1311 of Title 33, Navigation and Navigable Waters] may be cited as the 'Caribbean Basin Economic Recovery Act'."

#### Findings and Policy

Pub. L. 106–200, title II, §202, May 18, 2000, 114 Stat. 275, provided that:

"(a) Findings.—Congress makes the following findings:

"(1) The Caribbean Basin Economic Recovery Act [19 U.S.C. 2701 et seq.] (in this title [see Short Title of 2000 Amendment note above] referred to as 'CBERA') represents a permanent commitment by the United States to encourage the development of strong democratic governments and revitalized economies in neighboring countries in the Caribbean Basin.

"(2) In 1998, Hurricane Mitch and Hurricane Georges devastated areas in the Caribbean Basin region, killing more than 10,000 people and leaving 3,000,000 homeless.

"(3) The total direct impact of Hurricanes Mitch and Georges on Honduras, Nicaragua, the Dominican Republic, El Salvador, and Guatemala amounts to $4,200,000,000, representing a severe loss to income levels in this underdeveloped region.

"(4) In addition to short term disaster assistance, United States policy toward the region should focus on expanding international trade with the Caribbean Basin region as an enduring solution for successful economic growth and recovery.

"(5) Thirty-four democratically elected leaders agreed at the 1994 Summit of the Americas to conclude negotiation of a Free Trade Area of the Americas (in this title referred to as 'FTAA') by the year 2005.

"(6) The economic security of the countries in the Caribbean Basin will be enhanced by the completion of the FTAA.

"(7) Offering temporary benefits to Caribbean Basin countries will preserve the United States commitment to Caribbean Basin beneficiary countries, promote the growth of free enterprise and economic opportunity in these neighboring countries, and thereby enhance the national security interests of the United States.

"(8) Given the greater propensity of countries located in the Western Hemisphere to use United States components and to purchase United States products compared to other countries, increased trade and economic activity between the United States and countries in the Western Hemisphere will create new jobs in the United States as a result of expanding export opportunities.

"(b) Policy.—It is the policy of the United States—

"(1) to offer Caribbean Basin beneficiary countries willing to prepare to become a party to the FTAA or another free trade agreement, tariff treatment essentially equivalent to that accorded to products of NAFTA countries for certain products not currently eligible for duty-free treatment under the CBERA; and

"(2) to seek the participation of Caribbean Basin beneficiary countries in the FTAA or another free trade agreement at the earliest possible date, with the goal of achieving full participation in such agreement not later than 2005."

#### Meetings of Trade Ministers and USTR

Pub. L. 106–200, title II, §213, May 18, 2000, 114 Stat. 288, provided that:

"(a) Schedule of Meetings.—The President shall take the necessary steps to convene a meeting with the trade ministers of the CBTPA beneficiary countries in order to establish a schedule of regular meetings, to commence as soon as is practicable, of the trade ministers and the Trade Representative, for the purpose set forth in subsection (b).

"(b) Purpose.—The purpose of the meetings scheduled under subsection (a) is to reach agreement between the United States and CBTPA beneficiary countries on the likely timing and procedures for initiating negotiations for CBTPA beneficiary countries to enter into mutually advantageous free trade agreements with the United States that contain provisions comparable to those in the NAFTA and would make substantial progress in achieving the negotiating objectives set forth in section 108(b)(5) of Public Law 103–182 ([former] 19 U.S.C. 3317(b)(5)).

"(c) Definition.—In this section, the term 'CBTPA beneficiary country' has the meaning given that term in section 213(b)(5)(B) of the Caribbean Basin Economic Recovery Act [19 U.S.C. 2703(b)(5)(B)]."

#### Congressional Findings

Pub. L. 101–382, title II, §202, Aug. 20, 1990, 104 Stat. 655, provided that: "The Congress finds that—

"(1) a stable political and economic climate in the Caribbean region is necessary for the development of the countries in that region and for the security and economic interests of the United States;

"(2) the Caribbean Basin Economic Recovery Act [this chapter] was enacted in 1983 to assist in the achievement of such a climate by stimulating the development of the export potential of the region; and

"(3) the commitment of the United States to the successful development of the region, as evidenced by the enactment of the Caribbean Basin Economic Recovery Act, should be reaffirmed, and further strengthened, by amending that Act to improve its operation."

#### Definitions

Pub. L. 106–200, title II, §203, May 18, 2000, 114 Stat. 276, provided that: "In this title [see Short Title of 2000 Amendment note above]:

"(1) NAFTA.—The term 'NAFTA' means the North American Free Trade Agreement entered into between the United States, Mexico, and Canada on December 17, 1992.

"(2) NAFTA country.—The term 'NAFTA country' means any country with respect to which the NAFTA is in force.

"(3) WTO and wto member.—The terms 'WTO' and 'WTO member' have the meanings given those terms in section 2 of the Uruguay Round Agreements Act (19 U.S.C. 3501)."