H. R. 3009—64
(i)(I) ensuring accelerated and full implementation
of the Agreement on Trade-Related Aspects of Intellec-
tual Property Rights referred to in section 101(d)(15)
of the Uruguay Round Agreements Act (19 U.S.C.
3511(d)(15)), particularly with respect to meeting
enforcement obligations under that agreement; and
(II) ensuring that the provisions of any multilateral
or bilateral trade agreement governing intellectual
property rights that is entered into by the United
States reflect a standard of protection similar to that
found in United States law;
(ii) providing strong protection for new and
emerging technologies and new methods of transmit-
ting and distributing products embodying intellectual
property;
(iii) preventing or eliminating discrimination with
respect to matters affecting the availability, acquisi-
tion, scope, maintenance, use, and enforcement of
intellectual property rights;
(iv) ensuring that standards of protection and
enforcement keep pace with technological develop-
ments, and in particular ensuring that rightholders
have the legal and technological means to control the
use of their works through the Internet and other
global communication media, and to prevent the
unauthorized use of their works; and
(v) providing strong enforcement of intellectual
property rights, including through accessible, expedi-
tious, and effective civil, administrative, and criminal
enforcement mechanisms;
(B) to secure fair, equitable, and nondiscriminatory
market access opportunities for United States persons that
rely upon intellectual property protection; and
(C) to respect the Declaration on the TRIPS Agreement
and Public Health, adopted by the World Trade Organiza-
tion at the Fourth Ministerial Conference at Doha, Qatar
on November 14, 2001.
(5) TRANSPARENCY.—The principal negotiating objective of
the United States with respect to transparency is to obtain
wider and broader application of the principle of transparency
through—
(A) increased and more timely public access to informa-
tion regarding trade issues and the activities of inter-
national trade institutions;
(B) increased openness at the WTO and other inter-
national trade fora by increasing public access to appro-
priate meetings, proceedings, and submissions, including
with regard to dispute settlement and investment; and
(C) increased and more timely public access to all
notifications and supporting documentation submitted by
parties to the WTO.
(6) ANTI-CORRUPTION.—The principal negotiating objectives
of the United States with respect to the use of money or
other things of value to influence acts, decisions, or omissions
of foreign governments or officials or to secure any improper
advantage in a manner affecting trade are—
H. R. 3009—65
(A) to obtain high standards and appropriate domestic
enforcement mechanisms applicable to persons from all
countries participating in the applicable trade agreement
that prohibit such attempts to influence acts, decisions,
or omissions of foreign governments; and
(B) to ensure that such standards do not place United
States persons at a competitive disadvantage in inter-
national trade.
(7) IMPROVEMENT OF THE WTO AND MULTILATERAL TRADE
AGREEMENTS.—The principal negotiating objectives of the
United States regarding the improvement of the World Trade
Organization, the Uruguay Round Agreements, and other multi-
lateral and bilateral trade agreements are—
(A) to achieve full implementation and extend the cov-
erage of the World Trade Organization and such agree-
ments to products, sectors, and conditions of trade not
adequately covered; and
(B) to expand country participation in and enhance-
ment of the Information Technology Agreement and other
trade agreements.
(8) REGULATORY
PRACTICES.—The principal negotiating
objectives of the United States regarding the use of government
regulation or other practices by foreign governments to provide
a competitive advantage to their domestic producers, service
providers, or investors and thereby reduce market access for
United States goods, services, and investments are—
(A) to achieve increased transparency and opportunity
for the participation of affected parties in the development
of regulations;
(B) to require that proposed regulations be based on
sound science, cost-benefit analysis, risk assessment, or
other objective evidence;
(C) to establish consultative mechanisms among parties
to trade agreements to promote increased transparency
in developing guidelines, rules, regulations, and laws for
government procurement and other regulatory regimes; and
(D) to achieve the elimination of government measures
such as price controls and reference pricing which deny
full market access for United States products.
(9) ELECTRONIC
COMMERCE.—The principal negotiating
objectives of the United States with respect to electronic com-
merce are—
(A) to ensure that current obligations, rules, dis-
ciplines, and commitments under the World Trade
Organization apply to electronic commerce;
(B) to ensure that—
(i) electronically delivered goods and services
receive no less favorable treatment under trade rules
and commitments than like products delivered in phys-
ical form; and
(ii) the classification of such goods and services
ensures the most liberal trade treatment possible;
(C) to ensure that governments refrain from imple-
menting trade-related measures that impede electronic
commerce;
(D) where legitimate policy objectives require domestic
regulations that affect electronic commerce, to obtain
H. R. 3009—66
commitments that any such regulations are the least
restrictive on trade, nondiscriminatory, and transparent,
and promote an open market environment; and
(E) to extend the moratorium of the World Trade
Organization on duties on electronic transmissions.
(10) RECIPROCAL TRADE IN AGRICULTURE.—(A) The principal
negotiating objective of the United States with respect to agri-
culture is to obtain competitive opportunities for United States
exports of agricultural commodities in foreign markets substan-
tially equivalent to the competitive opportunities afforded for-
eign exports in United States markets and to achieve fairer
and more open conditions of trade in bulk, specialty crop,
and value-added commodities by—
(i) reducing or eliminating, by a date certain, tariffs
or other charges that decrease market opportunities for
United States exports—
(I) giving priority to those products that are subject
to significantly higher tariffs or subsidy regimes of
major producing countries; and
(II) providing reasonable adjustment periods for
United States import-sensitive products, in close con-
sultation with the Congress on such products before
initiating tariff reduction negotiations;
(ii) reducing tariffs to levels that are the same as
or lower than those in the United States;
(iii) reducing or eliminating subsidies that decrease
market opportunities for United States exports or unfairly
distort agriculture markets to the detriment of the United
States;
(iv) allowing the preservation of programs that support
family farms and rural communities but do not distort
trade;
(v) developing disciplines for domestic support pro-
grams, so that production that is in excess of domestic
food security needs is sold at world prices;
(vi) eliminating government policies that create price-
depressing surpluses;
(vii) eliminating state trading enterprises whenever
possible;
(viii) developing, strengthening, and clarifying rules
and effective dispute settlement mechanisms to eliminate
practices that unfairly decrease United States market
access opportunities or distort agricultural markets to the
detriment of the United States, particularly with respect
to import-sensitive products, including—
(I) unfair or trade-distorting activities of state
trading enterprises and other administrative mecha-
nisms, with emphasis on requiring price transparency
in the operation of state trading enterprises and such
other mechanisms in order to end cross subsidization,
price discrimination, and price undercutting;
(II) unjustified trade restrictions or commercial
requirements, such as labeling, that affect new tech-
nologies, including biotechnology;
(III) unjustified sanitary or phytosanitary restric-
tions, including those not based on scientific principles
in contravention of the Uruguay Round Agreements;
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(IV) other unjustified technical barriers to trade;
and
(V) restrictive rules in the administration of tariff
rate quotas;
(ix) eliminating practices that adversely affect trade
in perishable or cyclical products, while improving import
relief mechanisms to recognize the unique characteristics
of perishable and cyclical agriculture;
(x) ensuring that import relief mechanisms for perish-
able and cyclical agriculture are as accessible and timely
to growers in the United States as those mechanisms that
are used by other countries;
(xi) taking into account whether a party to the negotia-
tions has failed to adhere to the provisions of already
existing trade agreements with the United States or has
circumvented obligations under those agreements;
(xii) taking into account whether a product is subject
to market distortions by reason of a failure of a major
producing country to adhere to the provisions of already
existing trade agreements with the United States or by
the circumvention by that country of its obligations under
those agreements;
(xiii) otherwise ensuring that countries that accede
to the World Trade Organization have made meaningful
market liberalization commitments in agriculture;
(xiv) taking into account the impact that agreements
covering agriculture to which the United States is a party,
including the North American Free Trade Agreement, have
on the United States agricultural industry;
(xv) maintaining bona fide food assistance programs
and preserving United States market development and
export credit programs; and
(xvi) striving to complete a general multilateral round
in the World Trade Organization by January 1, 2005, and
seeking the broadest market access possible in multilateral,
regional, and bilateral negotiations, recognizing the effect
that simultaneous sets of negotiations may have on United
States import-sensitive commodities (including those sub-
ject to tariff-rate quotas).
(B)(i) Before commencing negotiations with respect to agri-
culture, the United States Trade Representative, in consultation
with the Congress, shall seek to develop a position on the
treatment of seasonal and perishable agricultural products to
be employed in the negotiations in order to develop an inter-
national consensus on the treatment of seasonal or perishable
agricultural products in investigations relating to dumping and
safeguards and in any other relevant area.
(ii) During any negotiations on agricultural subsidies, the
United States Trade Representative shall seek to establish
the common base year for calculating the Aggregated Measure-
ment of Support (as defined in the Agreement on Agriculture)
as the end of each country’s Uruguay Round implementation
period, as reported in each country’s Uruguay Round market
access schedule.
(iii) The negotiating objective provided in subparagraph
(A) applies with respect to agricultural matters to be addressed
in any trade agreement entered into under section 2103(a)