Page:United States Statutes at Large Volume 108 Part 6.djvu/249

 PUBLIC LAW 103-465—DEC. 8, 1994 108 STAT. 4817 resentative in the preparation of factual information and argumentation for any written or oral presentations by the United States in consultations or in proceedings of a panel or the Appellate Body regarding the matter. (iv) If a dispute settlement panel or the Appellate Body finds that the law of a State is inconsistent with any of the Uruguay Round Agreements, the Trade Representative shall consult with the State concerned in Em. effort to develop a mutually agreeable response to the report of the panel or the Appellate Body and shall make every effort to ensure that the State concerned is involved in the development of the United States position regarding the response. (D) NOTICE TO STATES REGARDING CONSULTATIONS ON FOREIGN SUBCENTRAL GOVERNMENT LAWS.— (i) Subject to clause (ii), the Trade Representative shall, at least 30 days before making a request for consultations under Article 4 of the Dispute Settlement Understanding regarding a snbcentral government measure of another WTO member, notify, and solicit the views of, appropriate representatives of each State regarding the matter. (ii) In ejogent circumstcmces clause (i) shall not apply, in which case the Trade Representative shall noti^ the appropriate representatives of each State not later than 3 days after making the request for consultations referred to in clause (i). (2) LEGAL CHALLENGE.— (A) IN GENERAL.— No State law, or the application of such a State law, may be declared invalid as to any person or circumstance on the ground that the provision or application is inconsistent with any of the Uruguay Round Agreements, except in an action brought by the United States for the purpose of declaring such law or application invalid. (B) PROCEDURES GOVERNING ACTION.— In any action described in subparagraph (A) that is brought by the United States against a State or any subdivision thereof- (i) a report of a dispute settlement panel or the Appellate Body convened under the Dispute Settlement Understanding regarding the State law, or the law of any political subdivision thereof, shall not be considered as binding or otherwise accorded deference; (ii) the United States shall have the burden of proving that the law that is the subject of the action, or the application of that law, is inconsistent with the agreement in question; (iii) any State whose interests may be impaired or impeded in the action shall have the unconditional right to intervene in the action as a party, and the United States shall be entitied to amend its complaint to include a claim or cross-claim concerning the law of a State that so intervenes; and (iv) any State law that is declared invalid shall not be deemed to have been invalid in its application during any period before the courtfs judgment becomes

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