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104TH CONGRESS

1ST SESSION H. R. 2248

To authorize the imposition of trade sanctions on countries which threaten

the health and safety of United States citizens by failing to cooperate

fully with United States policy regarding the reduction and interdiction

of illicit drugs.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 4, 1995

Mr. SHAW (for himself, Mr. GILMAN, and Ms. KAPTUR) introduced the

following bill; which was referred to the Committee on Ways and Means

A BILL

To authorize the imposition of trade sanctions on countries

which threaten the health and safety of United States

citizens by failing to cooperate fully with United States

policy regarding the reduction and interdiction of illicit

drugs.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. ASSESSMENT OF COUNTRIES NOT COOPERAT4 ING WITH UNITED STATES DRUG POLICIES.

5 (a) ASSESSMENTS AND REPORT TO CONGRESS.—Not

6 later than 90 days after the President submits to the Con7 gress the report required by section 489A(a) of the For-
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1 eign Assistance Act of 1961 (22 U.S.C. 2291i(a)), the

2 United States Trade Representative shall, with respect to

3 each foreign country identified in that report that is not

4 certified by the Secretary of State under subparagraph (A)

5 of section 490A(b)(1) of that Act (22 U.S.C.

6 2291k(b)(1))—

7 (1) assess whether or not the imposition of

8 trade sanctions on that country is appropriate, tak9 ing into account—

10 (A) the extent to which the country is fail11 ing to cooperate with United States policies re12 garding the reduction and interdiction of illicit

13 drugs, assessing whether actions by the govern14 ment of that country are clearly and persist15 ently in conflict with United States policies

16 aimed at reducing and interdicting illicit drugs

17 produced or transported for consumption by

18 United States citizens; and

19 (B) the bilateral trade relationship between

20 the United States and that country, including

21 the volume of imports entering the United

22 States from that country under any preferential

23 trade program such as that under title V of the

24 Trade Act of 1974 relating to the Generalized

25 System of Preferences, the Caribbean Basin
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1 Economic Recovery Act, and the Andean Trade

2 Preference Act; and

3 (2) submit to the Committee on Ways and

4 Means of the House of Representatives and the

5 Committee on Finance of the Senate a report on the

6 assessments of each country made under paragraph

7 (1), including—

8 (A) discussions of the matters referred to

9 in subparagraph (A) and (B) of paragraph (1);

10 and

11 (B) appropriate trade sanctions to impose

12 on that country if the country does not become

13 certified under subparagraph (A) of section

14 490A(b)(1) of the Foreign Assistance Act of

15 1961 within 6 months after the submission of

16 the report under this section.

17 (b) CONSULTATIONS AND INFORMATION SOURCES.—

18 In making the assessments under subsection (a), the

19 Trade Representative shall consult with the Secretary of

20 State and take into account information from sources

21 available to the Trade Representative and such informa22 tion as may be submitted to the Trade Representative by

23 interested persons.
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1 SEC. 2. AUTHORITY TO IMPOSE TRADE SANCTIONS.

2 In the case of any country to which section 1(2)(B)

3 applies, the President is authorized to impose the following

4 sanctions:

5 (1) Nondiscriminatory treatment (most-favored6 nation treatment) may be denied to the products of

7 that country.

8 (2) That country may be denied treatment as a

9 beneficiary developing country under title V of the

10 Trade Act of 1974 (relating to the Generalized Sys11 tem of Preferences), as a beneficiary country under

12 the Caribbean Basin Economic Recovery Act, and as

13 a beneficiary country under the Andean Trade Pref14 erence Act.

15 (3) That country may be denied trade benefits

16 under any agreement between that country and the

17 United States establishing a free trade area.

18 (4) The President (may decline to negotiate)

19 with that country for purposes of establishing a free

20 trade area.

21 SEC. 3. DEFENSES OF THE UNITED STATES UNDER EXIST22 ING TRADE AGREEMENTS.

23 If proceedings are initiated by a country against the

24 United States in the World Trade Organization or under

25 the North American Free Trade Agreement with respect

26 to actions taken under (section 2), the President shall in-
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1 voke all applicable defenses in such proceedings, including

2 exceptions for measures necessary to protect human, ani3 mal, or plant life or health.

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