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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2702 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Suspend Brazil GSP Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) According to the Department of State, there are at 
        least 50 cases involving at least 64 children who were habitual 
        residents of the United States and who were removed to Brazil 
        by one parent, wrongfully denying custody to the parent in the 
        United States, and who have not been returned to the United 
        States as required under the Convention on the Civil Aspects of 
        International Child Abduction, done at the Hague on October 25, 
        1980 (TIAS 11670; in this section referred to as the ``Hague 
        Convention'').
            (2) David Goldman, a United States citizen and resident of 
        New Jersey, has been trying unsuccessfully since June 2004 to 
        secure the return of his son Sean to the United States where 
        Sean maintained his habitual residence until his mother, Bruna 
        Bianchi Ribeiro Goldman, removed Sean to Brazil.
            (3) On September 3, 2004, Mr. Goldman filed an application 
        for the immediate return of Sean to the United States under the 
        Hague Convention to which both the United States and Brazil are 
        party and which entered into force between Brazil and the 
        United States on December 1, 2003.
            (4) Pursuant to Article 12 of the Hague Convention, the 
        judicial authority of Brazil was required to order Sean's 
        return to the United States ``forthwith'', customarily defined 
        under international law as within six weeks after an 
        application for return has been filed.
            (5) On October 13, 2005, the Brazilian court refused to 
        return Sean in contravention of Brazil's obligations under the 
        Hague Convention even though it found that Sean was a habitual 
        resident of the United States and, pursuant to international 
        law, had been wrongfully removed and retained in Brazil.
            (6) On August 22, 2008, Mrs. Goldman passed away in Brazil 
        leaving Sean without a mother and separated from his biological 
        father in the United States. Instead of returning Sean to the 
        custody of his father David, Mrs. Goldman's second husband, 
        Joao Paulo Lins e Silva, petitioned the Brazilian courts for 
        custody rights over Sean.
            (7) On September 25, 2008, Mr. Goldman filed an amended 
        application under the Hague Convention against Mr. Lins e Silva 
        for the return of custody over Sean.
            (8) On June 1, 2009, a federal court judge in Brazil 
        ordered that Sean be turned over to the United States consulate 
        in Rio de Janeiro and returned to his father on June 3, 2009. 
        The court further ordered that, following a 30-day adaptation 
        period in the United States, Mr. Goldman be given full custody 
        over Sean.
            (9) On June 2, 2009, one Brazilian Supreme Court justice 
        suspended the order of the first level of the Federal Court on 
        the basis of a motion filed by the Progressive Party, a small 
        Brazilian political party, that objects to the application of 
        the Hague Convention in Brazil. This suspension must now be 
        heard by the full Supreme Court, could further delay the 
        Goldman case for months, and could prevent the return of any 
        other abducted children to the United States.
            (10) Brazil is a primary beneficiary under the Generalized 
        System of Preferences program. In 2008, Brazil received duty-
        free status under the GSP for United States imports totaling 
        $2.75 billion.
            (11) A country that refuses to abide by its international 
        obligations pursuant to the Hague Convention and recognize the 
        international rights of parents and their children from the 
        United States should not be able to export goods to the United 
        States duty-free under the Generalized System of Preferences 
        program.
    (b) Declaration of Purpose.--The purpose of this Act is to--
            (1) attain the immediate return of Sean Goldman and all 
        children to the United States who are being held wrongfully in 
        Brazil in contravention of the Hague Convention; and
            (2) impress upon the judiciary, central authority, and law 
        enforcement of Brazil the importance of abiding by their 
        respective obligations pursuant to the Hague Convention.

SEC. 3. SUSPENSION OF APPLICATION OF GENERALIZED SYSTEM OF PREFERENCES 
              FOR BRAZIL.

    (a) Notification of Suspension of Duty-Free Treatment.--Not later 
than 7 days after the date of the enactment of this Act, the President 
shall notify the member countries of the World Trade Organization that 
the United States is suspending the application of Generalized System 
of Preferences for Brazil in accordance with the requirements of this 
section.
    (b) Suspension of Duty-Free Treatment.--
            (1) In general.--Not later than 30 days after the date of 
        the enactment of this Act, the President shall suspend the 
        application of Generalized System of Preferences for Brazil.
            (2) Waiver.--The President may waive the application of 
        paragraph (1) if the President determines and reports to the 
        appropriate congressional committees that it is important to 
        the national interests of the United States to do so.
    (c) Reinstatement of Duty-Free Treatment.--The President may 
reinstate the application of Generalized System of Preferences for 
Brazil if the President certifies to the appropriate congressional 
committees that the following requirements have been satisfied:
            (1) The central authority of Brazil is complying with its 
        obligations under the Convention on the Civil Aspects of 
        International Child Abduction, done at the Hague on October 25, 
        1980 (TIAS 11670; in this section referred to as the ``Hague 
        Convention'') with respect to international child abduction 
        cases involving children from the United States.
            (2) The judicial system of Brazil is complying with its 
        obligations under the Hague Convention with respect to 
        international child abduction cases involving children from the 
        United States.
            (3) The law enforcement system of Brazil is complying with 
        its obligations under the Hague Convention with respect to 
        international child abductions cases involving children from 
        the United States.

SEC. 4. DEFINITIONS.

    In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs and the 
                Committee on Ways and Means of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee on Finance of the Senate.
            (2) Generalized system of preferences.--The term 
        ``Generalized System of Preferences'' means duty-free treatment 
        provided to eligible articles from beneficiary developing 
        countries under title V of the Trade Act of 1974 (19 U.S.C. 
        2461 et seq.).
                                 <all>
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