I 

111TH CONGRESS 

1ST SESSION H. R. 2702 

To suspend the application of Generalized System of Preferences for Brazil 

until such time as Brazil complies with its obligations toward the United 

States under the Convention on the Civil Aspects of International Child 

Abduction. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 4, 2009 

Mr. SMITH of New Jersey introduced the following bill; which was referred 

to the Committee on Ways and Means 

A BILL 

To suspend the application of Generalized System of Preferences for Brazil until such time as Brazil complies 

with its obligations toward the United States under the 

Convention on the Civil Aspects of International Child 

Abduction. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Suspend Brazil GSP 

5 Act’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—Congress finds the following: 


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1 (1) According to the Department of State, there 

2 are at least 50 cases involving at least 64 children 

3 who were habitual residents of the United States 

4 and who were removed to Brazil by one parent, 

5 wrongfully denying custody to the parent in the 

6 United States, and who have not been returned to 

7 the United States as required under the Convention 

8 on the Civil Aspects of International Child Abduc9 tion, done at the Hague on October 25, 1980 (TIAS 

10 11670; in this section referred to as the ‘‘Hague 

11 Convention’’). 

12 (2) David Goldman, a United States citizen and 

13 resident of New Jersey, has been trying unsuccess14 fully since June 2004 to secure the return of his son 

15 Sean to the United States where Sean maintained 

16 his habitual residence until his mother, Bruna 

17 Bianchi Ribeiro Goldman, removed Sean to Brazil. 

18 (3) On September 3, 2004, Mr. Goldman filed 

19 an application for the immediate return of Sean to 

20 the United States under the Hague Convention to 

21 which both the United States and Brazil are party 

22 and which entered into force between Brazil and the 

23 United States on December 1, 2003. 

24 (4) Pursuant to Article 12 of the Hague Con25 vention, the judicial authority of Brazil was required 


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1 to order Sean’s return to the United States ‘‘forth2 with’’, customarily defined under international law 

3 as within six weeks after an application for return 

4 has been filed. 

5 (5) On October 13, 2005, the Brazilian court 

6 refused to return Sean in contravention of Brazil’s 

7 obligations under the Hague Convention even though 

8 it found that Sean was a habitual resident of the 

9 United States and, pursuant to international law, 

10 had been wrongfully removed and retained in Brazil. 

11 (6) On August 22, 2008, Mrs. Goldman passed 

12 away in Brazil leaving Sean without a mother and 

13 separated from his biological father in the United 

14 States. Instead of returning Sean to the custody of 

15 his father David, Mrs. Goldman’s second husband, 

16 Joa ̃o Paulo Lins e Silva, petitioned the Brazilian 

17 courts for custody rights over Sean. 

18 (7) On September 25, 2008, Mr. Goldman filed 

19 an amended application under the Hague Conven20 tion against Mr. Lins e Silva for the return of cus21 tody over Sean. 

22 (8) On June 1, 2009, a federal court judge in 

23 Brazil ordered that Sean be turned over to the 

24 United States consulate in Rio de Janeiro and re25 turned to his father on June 3, 2009. The court furVerDate Nov 24 2008 06:27 Jun 05, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2702.IH H2702

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1 ther ordered that, following a 30-day adaptation pe2 riod in the United States, Mr. Goldman be given full 

3 custody over Sean. 

4 (9) On June 2, 2009, one Brazilian Supreme 

5 Court justice suspended the order of the first level 

6 of the Federal Court on the basis of a motion filed 

7 by the Progressive Party, a small Brazilian political 

8 party, that objects to the application of the Hague 

9 Convention in Brazil. This suspension must now be 

10 heard by the full Supreme Court, could further delay 

11 the Goldman case for months, and could prevent the 

12 return of any other abducted children to the United 

13 States. 

14 (10) Brazil is a primary beneficiary under the 

15 Generalized System of Preferences program. In 

16 2008, Brazil received duty-free status under the 

17 GSP for United States imports totaling $2.75 bil18 lion. 

19 (11) A country that refuses to abide by its 

20 international obligations pursuant to the Hague 

21 Convention and recognize the international rights of 

22 parents and their children from the United States 

23 should not be able to export goods to the United 

24 States duty-free under the Generalized System of 

25 Preferences program. 


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1 (b) DECLARATION OF PURPOSE.—The purpose of 

2 this Act is to— 

3 (1) attain the immediate return of Sean Gold4 man and all children to the United States who are 

5 being held wrongfully in Brazil in contravention of 

6 the Hague Convention; and 

7 (2) impress upon the judiciary, central author8 ity, and law enforcement of Brazil the importance of 

9 abiding by their respective obligations pursuant to 

10 the Hague Convention. 

11 SEC. 3. SUSPENSION OF APPLICATION OF GENERALIZED 

12 SYSTEM OF PREFERENCES FOR BRAZIL. 

13 (a) NOTIFICATION OF SUSPENSION OF DUTY-FREE

14 TREATMENT.—Not later than 7 days after the date of the 

15 enactment of this Act, the President shall notify the mem16 ber countries of the World Trade Organization that the 

17 United States is suspending the application of Generalized 

18 System of Preferences for Brazil in accordance with the 

19 requirements of this section. 

20 (b) SUSPENSION OF DUTY-FREE TREATMENT.— 

21 (1) IN GENERAL.—Not later than 30 days after 

22 the date of the enactment of this Act, the President 

23 shall suspend the application of Generalized System 

24 of Preferences for Brazil. 


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1 (2) WAIVER.—The President may waive the ap2 plication of paragraph (1) if the President deter3 mines and reports to the appropriate congressional 

4 committees that it is important to the national inter5 ests of the United States to do so. 

6 (c) REINSTATEMENT OF DUTY-FREE TREATMENT.— 

7 The President may reinstate the application of General8 ized System of Preferences for Brazil if the President cer9 tifies to the appropriate congressional committees that the 

10 following requirements have been satisfied: 

11 (1) The central authority of Brazil is complying 

12 with its obligations under the Convention on the 

13 Civil Aspects of International Child Abduction, done 

14 at the Hague on October 25, 1980 (TIAS 11670; in 

15 this section referred to as the ‘‘Hague Convention’’) 

16 with respect to international child abduction cases 

17 involving children from the United States. 

18 (2) The judicial system of Brazil is complying 

19 with its obligations under the Hague Convention 

20 with respect to international child abduction cases 

21 involving children from the United States. 

22 (3) The law enforcement system of Brazil is 

23 complying with its obligations under the Hague Con24 vention with respect to international child abducVerDate Nov 24 2008 06:27 Jun 05, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2702.IH H2702

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1 tions cases involving children from the United 

2 States. 

3 SEC. 4. DEFINITIONS. 

4 In this section: 

5 (1) APPROPRIATE CONGRESSIONAL COMMIT6 TEES.—The term ‘‘appropriate congressional com7 mittees’’ means— 

8 (A) the Committee on Foreign Affairs and 

9 the Committee on Ways and Means of the 

10 House of Representatives; and 

11 (B) the Committee on Foreign Relations 

12 and the Committee on Finance of the Senate. 

13 (2) GENERALIZED SYSTEM OF PREF14 ERENCES.—The term ‘‘Generalized System of Pref15 erences’’ means duty-free treatment provided to eli16 gible articles from beneficiary developing countries 

17 under title V of the Trade Act of 1974 (19 U.S.C. 

18 2461 et seq.). 

Æ 


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