Page:United States Statutes at Large Volume 102 Part 2.djvu/545

 PUBLIC LAW 100-418—AUG. 23, 1988

102 STAT. 1549

"(iii) announce procurement opportunities with inadequate time intervals for United States businesses to submit bids; and "(iv) use specifications in such a way as to limit the 1ability of United States suppliers to participate in procurements; and "(C) use any other additional criteria deemed appropriate. "(4) CONTENTS OF REPORTS.—The reports required by this subsection shall include, with respect to each country identified under subparagraph (A), (B), or (C) of paragraph (1), the following: "(A) a description of the specific nature of the discrimination, including (for signatory countries) any provision of the Agreement with which the country is not in compliance; "(B) an identification of the United States products or services that are affected by the noncompliance or discrimination; "(C) an analysis of the impact of the noncompliance or discrimination on the commerce of the United States and the ability of United States companies to compete in foreign government procurement markets; and "(D) a description of the status, action taken, and disposition of cases of noncompliance or discrimination identified in the preceding annual report with respect to such country. "(5) INFORMATION AND ADVICE FROM GOVERNMENT AGENCIES

AND UNITED STATES BUSINESSES.—In developing the annual reports required by this subsection, the President shall seek information and advice from executive agencies through the interagency trade organization established under section 242(a) of the Trade Expansion Act of 1962, and from United States businesses in the United States and in countries that are signatories to the Agreement and in other foreign countries whose products or services are acquired in significant amounts by the United States Government. "(6) IMPACT OF NONCOMPUANCE.—The President shall take into account, in identifying countries in the annual report and in any action required by this section, the relative impact of any noncompliance with the Agreement or of other discrimination on United States commerce and the extent to which such noncompliance or discrimination has impeded the ability of United States suppliers to participate in procurements on terms comparable to those available to suppliers of the country in question when seeking to sell goods or services to the United States Government. "(7) IMPACT ON PROCUREMENT COSTS.—Such report shall also include an analysis of the impact on United States Government procurement costs that may occur as a consequence of any sanctions that may be required by subsection (f) or (g) of t h ^ section. "(e) CONSULTATION.—No later than the date the annual report is submitted under subsection (d)(D, the United States Trade Representative, on behalf of the United States, shall request consultations with any countries identified in the report to obtain their compliance with the Agreement or the elimination of their discriminatory procurement practices unless the country is identified as

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