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[House Document 107-85]
[From the U.S. Government Publishing Office]

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 
                               __________

                    U.S. GOVERNMENT PRINTING OFFICE
89-011                     WASHINGTON : 2001

         Committee on Ways and Means and ordered to be printed
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.
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:
          (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.

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