U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

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89–011 2001

107th Congress, 1st Session – – – – – – – – – – – – – House Document 107–85

AN AGREEMENT BETWEEN THE UNITED STATES

AND THE SOCIALIST REPUBLIC OF VIETNAM

ON TRADE RELATIONS

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

A COPY OF A PROCLAMATION THAT EXTENDS NONDISCRIMINATORY TARIFF TREATMENT TO THE PRODUCTS OF VIETNAM,

PURSUANT TO 19 U.S.C. 2437(a)

JUNE 12, 2001.—Message and accompanying papers referred to the

Committee on Ways and Means and ordered to be printed

(1)

To the Congress of the United States:

In accordance with section 407 of the Trade Act of 1974, as

amended (19 U.S.C. 2434) (the ‘‘Trade Act’’), I am transmitting a

copy of a proclamation that extends nondiscriminatory tariff treatment to the products of Vietnam. As an annex to the proclamation,

I also enclose the text of the ‘‘Agreement Between the United

States of America and the Socialist Republic of Vietnam on Trade

Relations,’’ which was signed on July 13, 2000, including related

annexes and exchanges of letters.

Implementation of this Agreement will strengthen political relations between the United States and Vietnam and produce economic benefits for both countries. It will also help to reinforce political and economic reform in Vietnam.

I believe that the Agreement is consistent with both the letter

and spirit of the Trade Act. The Agreement provides for mutual extension of nondiscriminatory tariff treatment, while seeking to ensure overall reciprocity of economic benefits. The Agreement includes safeguard arrangements designed to ensure that imports

from Vietnam will not disrupt the U.S. market.

The Agreement also facilitates and expands the rights that U.S.

businesses will have in conducting commercial transactions both

within Vietnam and with Vietnamese nationals and business entities, and includes provisions dealing with settlement of commercial

disputes, investment, financial transactions, and the establishment

of government commercial offices. Vietnam also agrees to adopt

standards for intellectual property protection that match the standards set forth in the WTO Agreement on Trade-Related Aspects of

Intellectual Property Rights.

On June 1, 2001, I waived application of subsections 402 (a) and

(b) of the Trade Act with respect to Vietnam. I urge that Congress

act as soon as possible to approve, by a joint resolution referred to

in section 151(b)(3) of the Trade Act, the extension of nondiscriminatory treatment to the products of Vietnam as provided for in the

Agreement.

GEORGE W. BUSH.

THE WHITE HOUSE, June 8, 2001.

(3)

TO IMPLEMENT THE AGREEMENT BETWEEN THE UNITED STATES OF

AMERICA AND THE SOCIALIST REPUBLIC OF VIETNAM ON TRADE

RELATIONS

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

1. Pursuant to the authority vested in the President by the Constitution and the laws of the United States, and acting through

duly empowered representatives, the United States entered into

negotiations with representatives of the Socialist Republic of Vietnam (‘‘Vietnam’’) to conclude an agreement on trade relations between the United States and Vietnam.

2. These negotiations were conducted in accordance with the requirements of the Trade Act of 1974, as amended (19 U.S.C. 2431

et seq.) (the ‘‘Trade Act’’).

3. As a result of these negotiations, an ‘‘Agreement Between the

United States of America and the Socialist Republic of Vietnam on

Trade Relations’’ (the ‘‘Agreement’’), including annexes and an exchange of letters which form an integral part of the Agreement, the

foregoing in English and Vietnamese, was signed on July 13, 2000,

by duly empowered representatives of the two Governments, and is

set forth as an annex to this proclamation.

4. The Agreement conforms to the requirements relating to bilateral commercial agreements set forth in section 405(b) of the Trade

Act (19 U.S.C. 2435(b)).

5. Chapter VII, Article 8:1 of the Agreement provides that the

Agreement shall enter into force on the date of exchange of written

notices of acceptance by the two Governments.

6. Section 405(c) of the Trade Act (19 U.S.C. 2435(c)) provides

that a bilateral commercial agreement providing nondiscriminatory

treatment to the products of a country denied such treatment prior

to the date of enactment of the Trade Act, and a proclamation implementing such agreement, shall take effect only if a joint resolution described in section 151(b)(3) of the Trade Act (19 U.S.C.

2191(b)(3) that approves of the Agreement is enacted into law.

7. Section 604 of the Trade Act (19 U.S.C. 2483) authorizes the

President to embody in the Harmonized Tariff Schedule of the

United States (HTS) the substance of the provisions of that Act, of

other acts affecting import treatment, and actions take thereunder.

Now, therefore, I, George W. Bush, President of the United

States of America, acting under authority vested in me by the Constitution and the laws of the United States, including but not limited to, sections 404, 405, and 604 of the Trade Act, do proclaim

that:

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(1) This proclamation shall become effective, the Agreement

shall enter into force, and nondiscriminatory treatment shall

be extended to the products of Vietnam, in accordance with the

terms of the Agreement, and after Congress approves the

Agreement by joint resolution, on the date of exchange of written notices of acceptance in accordance with Chapter VII, Article 8:1 of the Agreement. The United States Trade Representative shall publish notice of the effective date in the Federal

Register. (2) Effective with respect to articles entered, or withdrawn

from warehouse for consumption, on or after the date provided

in paragraph (1) of this proclamation, general note 3(b) to the

HTS, enumerating those countries whose products are subject

to duty at rates set forth in Rates of Duty Column 2 of the tariff schedule, is modified by striking out ‘‘Socialist Republic

Vietnam.’’ In witness whereof, I have hereunto set my hand this eighth day

of June, in the year of our Lord two thousand one, and of the Independence of the United States of America the two hundred and

twenty-fifth.

GEORGE W. BUSH.

(5)

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