Page:United States Statutes at Large Volume 110 Part 3.djvu/189

 PUBLIC LAW 104-188—AUG. 20, 1996 110 STAT. 1919 wise taking steps to discharge its obligations under international law with respect to such citizen, corporation, partnership, or association, or "(III) a dispute involving such citizen, corporation, partnership, or association over compensation for such a seizure has been submitted to arbitration under the provisions of the Convention for the Settlement of Investment Disputes, or in another mutually agreed upon forum, and the President promptly furnishes a copy of such determination to the Senate and House of Representatives. "(E) Such country fails to act in good faith in recognizing as binding or in enforcing arbitral awards in favor of United States citizens or a corporation, partnership, or association which is 50 percent or more beneficially owned by United States citizens, which have been made by arbitrators appointed for each case or by permanent arbitral bodies to which the parties involved have submitted their dispute. "(F) Such country aids or abets, by granting sanctuary from prosecution to, any individual or group which has committed an act of international terrorism. "(G) Such country has not taken or is not taking steps to afford internationaly recognized worker rights to workers in the country (including any designated zone in that country). Subparagraphs (D), (E), (F), and (G) shall not prevent the designation of any country as a beneficiary developing country under this title if the President determines that such designation will be in the national economic interest of the United States and reports such determination to the Congress with the reasons therefor. "(c) FACTORS AFFECTING COUNTRY DESIGNATION.—In determining whether to designate any country as a beneficiary developing country under this title, the President shall take into account— "(1) an expression by such country of its desire to be so designated; "(2) the level of economic development of such country, including its per capita gross national product, the living standards of its inhabitants, and any other economic factors which the President deems appropriate; "(3) whether or not other major developed countries are extending generalized preferential tariff treatment to such country; "(4) the extent to which such country has assured the United States that it will provide equitable and reasonable access to the markets and basic commodity resources of such country and the extent to which such country has assured the United States that it will refrain from engaging in unreasonable export practices; "(5) the extent to which such country is providing adequate and effective protection of intellectual property rights; "(6) the extent to which such country has taken action to— "(A) reduce trade distorting investment practices and policies (including export performance requirements); and

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