I 
108TH CONGRESS 
2D SESSION 
H. R. 4559
To extend certain trade benefits to countries emerging from political 
instability, civil strife, or armed conflict. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 14, 2004
Mr. HYDE introduced the following bill; which was referred to the Committee 
on Ways and Means 
A BILL 
To extend certain trade benefits to countries emerging from 
political instability, civil strife, or armed conflict.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as ‘‘Post-Conflict Trade Recov-
ery Act’’. 
SEC. 2. FINDINGS. 
Congress finds that—
(1) it is in the mutual interest of the United 
States and countries emerging from political insta-
bility, civil strife, or armed conflict, to promote sta-
(6) offering enhanced trade preferences to 
countries emerging from political instability, civil 
strife, or armed conflict will encourage higher levels 
of trade and direct investment and help bring such 
countries more fully into the global trading system; 
(7) higher levels of trade and investment and 
greater involvement in the global trading system can 
lead to increased economic development, which can 
in turn lead to more jobs for people in countries 
emerging from political instability, civil strife, or 
armed conflict; and 
(8) encouraging the reduction of trade and in-
vestment barriers will enhance the benefits of trade 
and investment for all participating countries, as 
well as enhance commercial and political ties be-
tween the United States and such participating 
countries. 
SEC. 3. STATEMENT OF POLICY. 
Congress supports—
(1) encouraging increased trade and investment 
between the United States and countries emerging 
from political instability, civil strife, or armed con-
flict; 
(2) reducing tariff and nontariff barriers and 
other obstacles to trade between the United States
and countries emerging from political instability, 
civil strife, or armed conflict; 
(3) strengthening and expanding the private 
sector and accelerating the rate of job creation in 
countries emerging from political instability, civil 
strife, or armed conflict; 
(4) promoting the rule of law, economic reform, 
political liberalization, respect for human rights, and 
the eradication of poverty in such countries; 
(5) facilitating the development of civil societies 
and political freedom in such countries; 
(6) promoting sustainable development, and 
protecting and preserving the environment in a man-
ner consistent with economic development; and 
(7) encouraging such countries to diversify their 
economies, implement domestic economic reforms, 
open to trade, and adopt anticorruption measures, 
including through accession to the Organization for 
Economic Cooperation and Development (OECD) 
Convention on Combating Bribery of Foreign Public 
Officials in International Business Transactions. 
SEC. 4. DESIGNATION OF ELIGIBLE COUNTRIES. 
(a) IN GENERAL.—The President is authorized to 
designate any country emerging from political instability,
civil strife, or armed conflict as a beneficiary country if 
the President determines that the country—
(1) has established, or is making continual 
progress toward establishing—
(A) a market-based economy that protects 
private property rights, incorporates an open 
rules-based trading system, and minimizes gov-
ernment interference in the economy through 
measures such as price controls, subsidies, and 
government ownership of economic assets; 
(B) the rule of law and the right to due 
process, a fair trial, and equal protection under 
the law; 
(C) political pluralism, a climate free of 
political intimidation and restrictions on peace-
ful political activity, and democratic elections 
that meet international standards of fairness, 
transparency, and participation; 
(D) the elimination of barriers to United 
States trade and investment, including by—
(i) providing national treatment and 
measures to create an environment condu-
cive to domestic and foreign investment; 
(ii) protecting intellectual property; 
and
(iii) resolving bilateral trade and in-
vestment disputes; 
(E) economic policies that reduce poverty, 
increase the availability of health care and edu-
cational opportunities, expand physical infra-
structure, promote the development of private 
enterprise, and encourage the formation of cap-
ital markets through micro-credit or other pro-
grams; 
(F) a system to combat corruption and 
bribery, such as signing and implementing the 
OECD Convention on Combating Bribery of 
Foreign Public Officials in International Busi-
ness Transactions; 
(G) protection of internationally recognized 
worker rights, including the right of association, 
the right to organize and bargain collectively, a 
prohibition on the use of any form of forced or 
compulsory labor, a minimum age for the em-
ployment of children, and acceptable conditions 
of work; and 
(H) policies that provide a high level of en-
vironmental protection;
(2) does not engage in activities that undermine 
United States national security or foreign policy in-
terests; 
(3) is a signatory of the United Nations Dec-
laration of Human Rights, does not engage in gross 
violations 
of 
internationally 
recognized 
human 
rights, and is making continuing and verifiable 
progress on the protection of internationally recog-
nized human rights, including freedom of speech and 
press, freedom of peaceful assembly and association, 
and freedom of religion; 
(4) is not listed by the United States Depart-
ment of State as a state sponsor of terrorism and 
cooperates fully in international efforts to combat 
terrorism; and 
(5) otherwise meets the eligibility criteria set 
forth in section 502(b)(2) of the Trade Act of 1974 
(19 
U.S.C. 
2462(b)(2)), 
other 
than 
section 
502(b)(2)(B). 
(b) RULE OF CONSTRUCTION.—If a country fails to 
satisfy one or more of the requirements contained in sub-
paragraphs (A) through (H) of subsection (a)(1), but oth-
erwise meets the requirements of subsection (a), the Presi-
dent may designate the country as a beneficiary country 
under this Act if the President determines that such des-
ignation will be in the national economic or security inter-
est of the United States and transmits to Congress a re-
port that contains the determination and the reasons 
therefor. 
(c) CONTINUING COMPLIANCE.—If the President de-
termines that a designated beneficiary country no longer 
meets the requirements described in subsection (a), the 
President shall terminate the designation of the country 
made pursuant to subsection (a) and transmit to Congress 
a report that contains the determination and the reasons 
therefor. 
SEC. 5. DESIGNATION OF ELIGIBLE ARTICLES. 
(a) ELIGIBLE ARTICLES.—Except as provided in sec-
tions 503(b)(2) and (3) of the Trade Act of 1974 (19 
U.S.C. 2463(b)(2) and (3)), the President is authorized 
to designate articles as eligible for duty-free treatment 
from all beneficiary countries for purposes of this section 
by Executive order or Presidential proclamation after re-
ceiving the advice of the International Trade Commission 
in accordance with subsection (c). 
(b) RULES OF ORIGIN.—
(1) GENERAL RULE.—The duty-free treatment 
provided under this section shall apply to any eligi-
ble article which is the growth, product, or manufac-
ture of 1 or more beneficiary countries if—
section, including, but not limited to, regulations 
providing that, in order to be eligible for duty-free 
treatment under this Act, an article—
(A) must be wholly the growth, product, or 
manufacture of 1 or more beneficiary countries; 
or 
(B) must be a new or different article of 
commerce which has been grown, produced, or 
manufactured in 1 or more beneficiary coun-
tries. 
(c) INTERNATIONAL TRADE COMMISSION ADVICE.—
Before designating an article as an eligible article under 
subsection (a), the President shall publish in the Federal 
Register and furnish the International Trade Commission 
with a list of articles that may be considered for designa-
tion as eligible articles for purposes of this Act. The Presi-
dent shall comply with the provisions of sections 131, 132, 
133, and 134 of the Trade Act of 1974 as if an action 
under this section were an action taken under section 123 
of the Trade Act of 1974 to carry out a trade agreement 
entered into under section 123.
SEC. 6. TERMINATION OF PREFERENTIAL TREATMENT. 
No duty-free treatment or other preferential treat-
ment extended to beneficiary countries under this Act 
shall remain in effect after December 31, 2011.
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