dreamproit/uscode huggingface dataset:
19 U.S.C. § 3907 (CUSTOMS DUTIES)
§ 3907. Enforcement
(a) In general
In addition to the enforcement provisions set forth in subsection (b)—
(1) a civil penalty of not to exceed $10,000 may be imposed on any person who violates, or attempts to violate, any license, order, or regulation issued under this chapter; and
(2) whoever willfully violates, or willfully attempts to violate, any license, order, or regulation issued under this chapter shall, upon conviction, be fined not more than $50,000, or, if a natural person, may be imprisoned for not more than 10 years, or both; and any officer, director, or agent of any corporation who willfully participates in such violation may be punished by a like fine, imprisonment, or both.
(b) Import violations
Those customs laws of the United States, both civil and criminal, including those laws relating to seizure and forfeiture, that apply to articles imported in violation of such laws shall apply with respect to rough diamonds imported in violation of this chapter.
(c) Authority to enforce
The United States Bureau of Customs and Border Protection and the United States Bureau of Immigration and Customs Enforcement are authorized, as appropriate, to enforce the provisions of subsection (a) and to enforce the laws and regulations governing exports of rough diamonds, including with respect to the validation of the Kimberley Process Certificate by the exporting authority.
(Pub. L. 108–19, § 8, Apr. 25, 2003, 117 Stat. 634.)
19 U.S.C. § 3909 (CUSTOMS DUTIES)
§ 3909. Sense of Congress
(a) Ongoing process
It is the sense of the Congress that the Kimberley Process Certification Scheme, officially launched on January 1, 2003, is an ongoing process. The President should work with Participants to strengthen the Kimberley Process Certification Scheme through the adoption of measures for the sharing of statistics on the production of and trade in rough diamonds, and for monitoring the effectiveness of the Kimberley Process Certification Scheme in stemming trade in diamonds the importation or exportation of which is not controlled through the Kimberley Process Certification Scheme.
(b) Statistics and reporting
It is the sense of the Congress that under Annex III to the Kimberley Process Certification Scheme, Participants recognized that reliable and comparable data on the international trade in rough diamonds are an essential tool for the effective implementation of the Kimberley Process Certification Scheme. Therefore, the executive branch should continue to—
(1) keep and publish statistics on imports and exports of rough diamonds under subheadings 7102.10.00, 7102.21, and 7102.31.00 of the Harmonized Tariff Schedule of the United States;
(2) make these statistics available for analysis by interested parties and by Participants; and
(3) take a leadership role in negotiating a standardized methodology among Participants for reporting statistics on imports and exports of rough diamonds.
(Pub. L. 108–19, § 10, Apr. 25, 2003, 117 Stat. 635.)
heading: References in Text
text: The Harmonized Tariff Schedule of the United States, referred to in subsec. (b)(1), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.
19 U.S.C. § 3910 (CUSTOMS DUTIES)
§ 3910. Kimberley Process Implementation Coordinating Committee
The President shall establish a Kimberley Process Implementation Coordinating Committee to coordinate the implementation of this chapter. The Committee shall be composed of the following individuals or their designees:
(1) The Secretary of the Treasury and the Secretary of State, who shall be co-chairpersons.
(2) The Secretary of Commerce.
(3) The United States Trade Representative.
(4) The Secretary of Homeland Security.
(5) A representative of any other agency the President deems appropriate.
(Pub. L. 108–19, § 11, Apr. 25, 2003, 117 Stat. 635.)
heading: Delegation of Functions
text: For assignment of functions of President under this section, see section 2 of Ex. Ord. No. 13312, July 29, 2003, 68 F.R. 45151, set out as a note under section 3901 of this title.
19 U.S.C. § 3911 (CUSTOMS DUTIES)
§ 3911. Reports
(a) Annual reports
Not later than 1 year after April 25, 2003, and every 12 months thereafter for such period as this chapter is in effect, the President shall transmit to the Congress a report—
(1) describing actions taken by countries that have exported rough diamonds to the United States during the preceding 12-month period to control the exportation of the diamonds through the Kimberley Process Certification Scheme;
(2) describing whether there is statistical information or other evidence that would indicate efforts to circumvent the Kimberley Process Certification Scheme, including cutting rough diamonds for the purpose of circumventing the Kimberley Process Certification Scheme;
(3) identifying each country that, during the preceding 12-month period, exported rough diamonds to the United States and was exporting rough diamonds not controlled through the Kimberley Process Certification Scheme, if the failure to do so has significantly increased the likelihood that those diamonds not so controlled are being imported into the United States; and
(4) identifying any problems or obstacles encountered in the implementation of this chapter or the Kimberly 1 Process Certification Scheme.
(b) Semiannual reports
For each country identified in subsection (a)(3), the President, during such period as this chapter is in effect, shall, every 6 months after the initial report in which the country was identified, transmit to the Congress a report that explains what actions have been taken by the United States or such country since the previous report to ensure that diamonds the exportation of which was not controlled through the Kimberley Process Certification Scheme are not being imported from that country into the United States. The requirement to issue a semiannual report with respect to a country under this subsection shall remain in effect until such time as the country is controlling the importation and exportation of rough diamonds through the Kimberley Process Certification Scheme.
(Pub. L. 108–19, § 12, Apr. 25, 2003, 117 Stat. 636.)
heading: Delegation of Functions
text: For assignment of functions of President under this section, see section 2 of Ex. Ord. No. 13312, July 29, 2003, 68 F.R. 45151, set out as a note under section 3901 of this title.
19 U.S.C. § 3912 (CUSTOMS DUTIES)
§ 3912. GAO report
Not later than 24 months after the effective date of this chapter, the Comptroller General of the United States shall transmit a report to the Congress on the effectiveness of the provisions of this chapter in preventing the importation or exportation of rough diamonds that is prohibited under section 3903 of this title. The Comptroller General shall include in the report any recommendations on any modifications to this chapter that may be necessary.
(Pub. L. 108–19, § 13, Apr. 25, 2003, 117 Stat. 636.)
heading: References in Text
text: For effective date of this chapter, see section 15 of Pub. L. 108–19, set out as an Effective Date note under section 3901 of this title.
19 U.S.C. § 4001 (CUSTOMS DUTIES)
§ 4001. Purposes
The purposes of this chapter are—
(1) to approve and implement the Free Trade Agreement between the United States, Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua entered into under the authority of section 3803(b) of this title;
(2) to strengthen and develop economic relations between the United States, Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua for their mutual benefit;
(3) to establish free trade between the United States, Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua through the reduction and elimination of barriers to trade in goods and services and to investment; and
(4) to lay the foundation for further cooperation to expand and enhance the benefits of the Agreement.
(Pub. L. 109–53, § 2, Aug. 2, 2005, 119 Stat. 463.)
heading: Termination of Section
text: For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below.
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 109–53, Aug. 2, 2005, 119 Stat. 462, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables.
heading: Effective and Termination Dates
text: Pub. L. 109–53, title I, § 107, Aug. 2, 2005, 119 Stat. 466, provided that:
“(a) Effective Dates.—
Except as provided in subsection (b), the provisions of this Act [see Short Title note set out below] and the amendments made by this Act take effect on the date the Agreement [Dominican Republic-Central America-United States Free Trade Agreement] enters into force [Mar. 1, 2006].
“(b) Exceptions.—
Sections 1 through 3 and this title [enacting this section, section 4002 of this title, and provisions set out as a note below] take effect on the date of the enactment of this Act [Aug. 2, 2005].
“(c) Termination of CAFTA–DR Status.—
During any period in which a country ceases to be a CAFTA–DR country, the provisions of this Act (other than this subsection) and the amendments made by this Act shall cease to have effect with respect to that country.
“(d) Termination of the Agreement.—
On the date on which the Agreement ceases to be in force with respect to the United States, the provisions of this Act (other than this subsection) and the amendments made by this Act shall cease to have effect.”
[For definition of “CAFTA–DR country” as used in section 107(c) of Pub. L. 109–53, set out above, see section 4002 of this title.]
heading: Short Title
text: Pub. L. 109–53, § 1(a), Aug. 2, 2005, 119 Stat. 462, provided that: “This Act [enacting this chapter, amending sections 58c, 1508, 1514, 1520, 1592, 2252, 2518, 2702, and 2703 of this title, and enacting provisions set out as notes under this section and section 2702 of this title] may be cited as the ‘Dominican Republic-Central America-United States Free Trade Agreement Implementation Act’.”
19 U.S.C. § 4002 (CUSTOMS DUTIES)
§ 4002. Definitions
In this chapter:
(1) Agreement
The term “Agreement” means the Dominican Republic-Central America-United States Free Trade Agreement approved by the Congress under section 4011(a)(1) of this title.
(2) CAFTA–DR country
Except as provided in section 4033 of this title, the term “CAFTA–DR country” means—
(A) Costa Rica, for such time as the Agreement is in force between the United States and Costa Rica;
(B) the Dominican Republic, for such time as the Agreement is in force between the United States and the Dominican Republic;
(C) El Salvador, for such time as the Agreement is in force between the United States and El Salvador;
(D) Guatemala, for such time as the Agreement is in force between the United States and Guatemala;
(E) Honduras, for such time as the Agreement is in force between the United States and Honduras; and
(F) Nicaragua, for such time as the Agreement is in force between the United States and Nicaragua.
(3) Commission
The term “Commission” means the United States International Trade Commission.
(4) HTS
The term “HTS” means the Harmonized Tariff Schedule of the United States.
(5) Textile or apparel good
The term “textile or apparel good” means a good listed in the Annex to the Agreement on Textiles and Clothing referred to in section 3511(d)(4) of this title, other than a good listed in Annex 3.29 of the Agreement.
(Pub. L. 109–53, § 3, Aug. 2, 2005, 119 Stat. 463.)
heading: Termination of Section
text: For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below.
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 109–53, Aug. 2, 2005, 119 Stat. 462, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of this title and Tables.
The Harmonized Tariff Schedule of the United States, referred to in par. (4), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.
heading: Effective and Termination Dates
text: Section effective Aug. 2, 2005, and to cease to have effect on date Dominican Republic-Central America-United States Free Trade Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see section 107 of Pub. L. 109–53, set out as a note under section 4001 of this title.
19 U.S.C. § 4011 (CUSTOMS DUTIES)
§ 4011. Approval and entry into force of the Agreement
(a) Approval of Agreement and statement of administrative action
Pursuant to section 3805 of this title and section 2191 of this title, the Congress approves—
(1) the Dominican Republic-Central America-United States Free Trade Agreement entered into on August 5, 2004, with the Governments of Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua, and submitted to the Congress on June 23, 2005; and
(2) the statement of administrative action proposed to implement the Agreement that was submitted to the Congress on June 23, 2005.
(b) Conditions for entry into force of the Agreement
At such time as the President determines that countries listed in subsection (a)(1) have taken measures necessary to comply with the provisions of the Agreement that are to take effect on the date on which the Agreement enters into force, the President is authorized to provide for the Agreement to enter into force with respect to those countries that provide for the Agreement to enter into force for them.
(Pub. L. 109–53, title I, § 101, Aug. 2, 2005, 119 Stat. 464.)
heading: Termination of Section
text: For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below.
heading: Effective and Termination Dates
text: Section effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on the date the Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see section 107 of Pub. L. 109–53, set out as a note under section 4001 of this title.
19 U.S.C. § 4012 (CUSTOMS DUTIES)
§ 4012. Relationship of the Agreement to United States and State law
(a) Relationship of Agreement to United States law
(1) United States law to prevail in conflict
No provision of the Agreement, nor the application of any such provision to any person or circumstance, which is inconsistent with any law of the United States shall have effect.
(2) Construction
Nothing in this chapter shall be construed—
(A) to amend or modify any law of the United States, or
(B) to limit any authority conferred under any law of the United States,
unless specifically provided for in this chapter.
(b) Relationship of Agreement to State law
(1) Legal challenge
No State law, or the application thereof, may be declared invalid as to any person or circumstance on the ground that the provision or application is inconsistent with the Agreement, except in an action brought by the United States for the purpose of declaring such law or application invalid.
(2) Definition of State law
For purposes of this subsection, the term “State law” includes—
(A) any law of a political subdivision of a State; and
(B) any State law regulating or taxing the business of insurance.
(c) Effect of Agreement with respect to private remedies
No person other than the United States—
(1) shall have any cause of action or defense under the Agreement or by virtue of congressional approval thereof; or
(2) may challenge, in any action brought under any provision of law, any action or inaction by any department, agency, or other instrumentality of the United States, any State, or any political subdivision of a State, on the ground that such action or inaction is inconsistent with the Agreement.
(Pub. L. 109–53, title I, § 102, Aug. 2, 2005, 119 Stat. 464.)
heading: Termination of Section
text: For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below.
heading: References in Text
text: This chapter, referred to in subsec. (a)(2), was in the original “this Act”, meaning Pub. L. 109–53, Aug. 2, 2005, 119 Stat. 462, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of this title and Tables.
heading: Effective and Termination Dates
text: Section effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on the date the Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see section 107 of Pub. L. 109–53, set out as a note under section 4001 of this title.
19 U.S.C. § 4013 (CUSTOMS DUTIES)
§ 4013. Implementing actions in anticipation of entry into force and initial regulations
(a) Implementing actions
(1) Proclamation authority
After August 2, 2005—
(A) the President may proclaim such actions, and
(B) other appropriate officers of the United States Government may issue such regulations,
as may be necessary to ensure that any provision of this chapter, or amendment made by this chapter, that takes effect on the date the Agreement enters into force is appropriately implemented on such date, but no such proclamation or regulation may have an effective date earlier than the date the Agreement enters into force.
(2) Effective date of certain proclaimed actions
Any action proclaimed by the President under the authority of this chapter that is not subject to the consultation and layover provisions under section 4014 of this title may not take effect before the 15th day after the date on which the text of the proclamation is published in the Federal Register.
(3) Waiver of 15-day restriction
The 15-day restriction contained in paragraph (2) on the taking effect of proclaimed actions is waived to the extent that the application of such restriction would prevent the taking effect on the date the Agreement enters into force of any action proclaimed under this section.
(b) Initial regulations
Initial regulations necessary or appropriate to carry out the actions required by or authorized under this chapter or proposed in the statement of administrative action submitted under section 4011(a)(2) of this title to implement the Agreement shall, to the maximum extent feasible, be issued within 1 year after the date on which the Agreement enters into force. In the case of any implementing action that takes effect on a date after the date on which the Agreement enters into force, initial regulations to carry out that action shall, to the maximum extent feasible, be issued within 1 year after such effective date.
(Pub. L. 109–53, title I, § 103, Aug. 2, 2005, 119 Stat. 465.)
heading: Termination of Section
text: For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below.
heading: References in Text
text: This chapter, referred to in subsecs. (a)(1), (2) and (b), was in the original “this Act”, meaning Pub. L. 109–53, Aug. 2, 2005, 119 Stat. 462, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of this title and Tables.
heading: Effective and Termination Dates
text: Section effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on the date the Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see section 107 of Pub. L. 109–53, set out as a note under section 4001 of this title.
19 U.S.C. § 4014 (CUSTOMS DUTIES)
§ 4014. Consultation and layover provisions for, and effective date of, proclaimed actions
If a provision of this chapter provides that the implementation of an action by the President by proclamation is subject to the consultation and layover requirements of this section, such action may be proclaimed only if—
(1) the President has obtained advice regarding the proposed action from—
(A) the appropriate advisory committees established under section 2155 of this title; and
(B) the Commission;
(2) the President has submitted to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report that sets forth—
(A) the action proposed to be proclaimed and the reasons therefor; and
(B) the advice obtained under paragraph (1);
(3) a period of 60 calendar days, beginning on the first day on which the requirements set forth in paragraphs (1) and (2) have been met has expired; and
(4) the President has consulted with such Committees regarding the proposed action during the period referred to in paragraph (3).
(Pub. L. 109–53, title I, § 104, Aug. 2, 2005, 119 Stat. 465.)
heading: Termination of Section
text: For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below.
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 109–53, Aug. 2, 2005, 119 Stat. 462, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of this title and Tables.
heading: Effective and Termination Dates
text: Section effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on the date the Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see section 107 of Pub. L. 109–53, set out as a note under section 4001 of this title.
heading: Proc. No. 7987. To Implement the Dominican Republic-Central America-United States Free Trade Agreement
text: Proc. No. 7987, Feb. 28, 2006, 71 F.R. 10829, provided in par. (8) that the United States Trade Representative is authorized to exercise the President’s authority under this section to obtain advice from the appropriate advisory committees and the United States International Trade Commission on the proposed implementation of an action by presidential proclamation; to submit a report on such proposed action to the appropriate congressional committees; and to consult with those congressional committees regarding the proposed action.