United States-Israel Free Trade Area Implementation Act of 1985
PL 99-47 (H.R.2268), enacted 06/11/1985

99 STAT. 82 
PUBLIC LAW 99-47—JUNE 11, 1985 
Public Law 99-47 
99th Congress 
An Act 
June 11, 1985 
[H.R. 2268] 
United States-
Israel 
Free Trade Area 
Implementation 
Act of 1985. 
19 use 2112 
note. 
Commerce 
and trade. 
19 use 2112 
note. 
19 use 2112. 
19 use 2112 
note. 
19 use 2112 
note. 
To approve and implement the Free Trade Area Agreement between the United 
States and Israel. 
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 "United States-Israel Free Trade 
Area Implementation Act of 1985". 
.
^ . _ 
SEC. 2. PURPOSES. 
The purposes of this Act are— 
-
(1) to approve and implement the agreement on the establish-
ment of a free trade area between the United States and Israel 
negotiated under the authority of section 102 of the Trade Act of 
1974; 
(2) to strengthen and develop the economic relations between 
the United States and Israel for their mutual benefit; and 
(3) to establish free trade between the two nations through 
the removal of trade barriers. 
SEC. 3. APPROVAL OF A FREE TRADE AREA AGREEMENT. 
Pursuant to sections 102 and 151 of the Trade Act of 1974 (19 
U.S.C. 2112; 2191), the Congress approves— 
(1) the Agreement on the Establishment of a Free Trade Area 
between the Government of the United States of America and 
the Government of Israel (hereinafter in this Act referred to as 
"the Agreement") entered into on April 22, 1985, and submitted 
to the Congress on April 29,1985, and 
(2) the statement of administrative action proposed to imple-
ment the Agreement that was submitted to the Congress on 
April 29,1985. 
SEC. 4. PROCLAMATION AUTHORITY. 
(a) TARIFF MODIFICATIONS.—Except as provided in subsection (c), 
the President may proclaim— 
(1) such modifications or continuance of any existing duty, 
(2) such continuance of existing duty-free or excise treatment, 
or 
(3) such additional duties, 
as the President determines to be required or appropriate to carry 
out the schedule of duty reductions with respect to Israel set forth in 
annex 1 of the Agreement. 
(b) ADDITIONAL TARIFF MODIFICATION AUTHORITY.—Except as pro-
vided in subsection (c), whenever the President determines that it is 
necessary to maintain the general level of reciprocal and mutually 
advantageous concessions with respect to Israel provided for by the 
Agreement, the President may proclaim— 
PUBLIC LAW 99-47—JUNE 11, 1985 
99 STAT. 83 
(1) such withdrawal, suspension, modification, or continuance 
of any duty, 
(2) such continuance of existing duty-free or excise treatment, 
or 
(3) such additional duties, 
as the President determines to be required or appropriate to carry 
out the Agreement. 
(c) EXCEPTION TO AUTHORITY.—No modification of any duty im-
posed on any article provided for in paragraph (4) of annex 1 of the 
Agreement that may be proclaimed under subsection (a) or (b) shall 
take effect prior to January 1,1995. 
SEC. 5. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES LAW. 
19 USC 2112 
(a) UNITED STATES STATUTES TO PREVAIL IN CONFLICT.—No provi-
sion of the Agreement, nor the application of any such provision to 
any person or circumstance, which is in conflict with— 
(1) title IV of the Trade and Tariff Act of 1984, or 
98 Stat. 3013. 
(2) any other statute of the United States, 
shall be given effect under the laws of the United States. 
(b) IMPLEMENTING REGULATIONS.—Regulations that are necessary 
or appropriate to carry out actions proposed in any statement of 
proposed administrative action submitted to the Congress under 
section 102 of the Trade Act of 1974 (19 U.S.C. 2112) in order to 
implement the Agreement shall be prescribed. Initial regulations to 
carry out such action shall be issued within one year after the date 
of the entry into force of the Agreement. 
(c) CHANGES IN STATUTES TO IMPLEMENT A REQUIREMENT, AMEND-
MENT, O
R RECOMMENDATION.— 
(1) Except as otherwise provided in paragraph (2), the provi-
sions of section. 3(c) of the Trade Agreements Act of 1979 (19 
U.S.C. 2504(c)) shall apply with respect to the Agreement and— 
(A) no requirement of, amendment to, or recommendation 
under the Agreement shall be implemented under United 
States law, and 
(B) no amendment, repeal, or enactment of a statute of 
the United States to implement any such requirement, 
amendment, or recommendation shall enter into force with 
respect to the United States, 
unless there has been compliance with the provisions of section 
3(c) of the Trade Agreements Act of 1979. 
(2) The provisions of section 3(c)(4) of the Trade Agreements 
Act of 1979 (19 U.S.C. 2504(c)(4)) shall apply to any bill im-
plementing any requirement of, amendment to, or recommenda-
tion made under, the Agreement that reduces or eliminates any 
duty imposed on any article provided for in paragraph (4) of 
Annex 1 of the Agreement only if— 
(A) any reduction of such duty provided in such bill— 
(i) takes effect after December 31,1989, and 
(ii) takes effect gradually over the period that begins 
on January 1, 1990, and ends on December 31, 1994, 
(B) any elimination of such duty provided in such bill 
does not take effect prior to January 1,1995, and 
(C) the consultations required under section 3(c)(1) of such 
Act occur at least ninety days prior to the date on which 
such bill is submitted to the Congress under section 3(c) of 
such Act. 
99 STAT. 84 
PUBLIC LAW 99-47—JUNE 11, 1985 
(d) PRIVATE REMEDIES NOT CREATED.—Neither the entry into force 
of the Agreement with respect to the United States, nor the enact-
ment of this Act, shall be construed as creating any private right of 
action or remedy for which provision is not explicitly made under 
this Act or under the laws of the United States. 
19 use 2112 
SEC. 6. TERMINATION. 
"""^^ 
The provisions of section 125(a) of the Trade Act of 1974 (19 U.S.C. 
2135(a)) shall not apply to the Agreement. 
SEC. 7. LOWERED THRESHOLD FOR GOVERNMENT PROCUREMENT UNDER 
TRADE AGREEMENTS ACT OF 1979 IN THE CASE OF CERTAIN 
ISRAELI PRODUCTS. 
Paragraph (4) of section 308 of the Trade Agreements Act of 1979 
(19 U.S.C. 2518(4)) is amended by inserting after subparagraph (B) 
the following new subparagraph: 
"(C) LOWERED THRESHOLD FOR CERTAIN PRODUCTS AS A 
CONSEQUENCE OF UNITED STATES-ISRAEL FREE TRADE AREA 
PROVISIONS.—The term 'eligible product' includes a product 
or service of Israel having a contract value of $50,000 or 
more which would be covered for procurement by the 
United States under the Agreement on Government 
Procurement as in effect on the date on which the Agree-
ment on the Establishment of a Free Trade Area between 
the Government of the United States of America and the 
Government of Israel enters into force, but for the SDR 
150,000 threshold provided for in article I(l)(b) of the Agree-
ment on Government Procurement.". 
SEC. 8. TECHNICAL AMENDMENTS. 
(a) AMENDMENTS TO THE TRADE AND TARIFF ACT OF 1984.— 
(1) Subsection (a) of section 402 of the Trade and Tariff Act of 
98 Stat. 3015. 
1984 (19 U.S.C. 2112, note) is amended— 
(A) by striking out that portion of paragraph (1) that 
precedes subparagraph (A) and inserting in lieu thereof: 
The reduction or elimination of any duty imposed on any 
article by the United States provided for in a trade agree-
ment entered into with Israel under section 102(b)(1) of the 
98 Stat. 3013. 
Trade Act of 1974 shall apply only if—"; and 
19 use 2112. 
(B) by striking out "be an eligible Israeli article" in 
paragraph (2) and inserting in lieu thereof "meet the 
requirements of paragraph (1)(A)". 
98 Stat. 3016. 
(2) Subsection (e) of section 404 of the Trade and Tariff Act of 
19 use 2112 
1984 is amended— 
"°^^ 
(A) by striking out "vegetable provided for in" in para-
graph (2) and inserting in lieu thereof "fresh or chilled 
vegetables provided for in items 135.03 through 138.46 of, 
(B) by striking out "edible nut or fruit provided for in 
schedule 1, part 9," in paragraph (4) and inserting in lieu 
thereof "fresh fruit provided for in items 146.10, 146.20, 
146.30, 146.50 through 146.62, 146.90, 146.91,147.03 through 
147.44,147.50 through 149.21, and 149.50", and 
(C) by inserting "juice" after "citrus fruit" in paragraph 
(6). 
19 use 2112 
(3) Section 406 of the Trade and Tariff Act of 1984 is redesig-
note. 
nated as section 405. 
Ob) AMENDMENTS TO THE TRADE ACT OF 1974.— 
PUBLIC LAW 99-47—JUNE 11, 1985 
99 STAT. 85 
(1) Paragraph (3) of section 102(b) of the Trade Act of 1974 (19 
U.S.C. 2112(b)(3)) is amended by inserting "that provides for the 
98 Stat. 3013. 
elimination or reduction of any duty imposed by the United 
States" after "such other country". 
(2) Title V of the Trade Act of 1974 (19 U.S.C. 2461, et seq.) is 
amended by inserting "or Presidential proclamation" after 
"Executive order" each place it appears therein. 
Approved June 11, 1985. 
LEGISLATIVE HISTORY—H.R. 2268 (S. 1114): 
HOUSE REPORT No. 99-64 (Comm. on Ways and Means). 
CONGRESSIONAL RECORD, Vol. 131 (1985): 
May 7, considered and passed House. 
May 23, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 21, No. 24 (1985): 
June 11, Presidential statement.