Page:United States Statutes at Large Volume 118.djvu/2629

 118 STAT. 2599 PUBLIC LAW 108–429—DEC. 3, 2004 302(b)(2)(A) involving rights under the Agreement on Trade Related Aspects of Intellectual Property Rights (referred to in section 101(d)(15) of the Uruguay Round Agreements Act) or the GATT 1994 (as defined in section 2(1)(B) of that Act) relating to products subject to intellectual property protection,’’. (b) TIMEFRAME FOR TRIPS AGREEMENT DETERMINATIONS.—Sec tion 304(a)(3)(A) of the Trade Act of 1974 is amended to read as follows: ‘‘(3)(A) If an investigation is initiated under this chapter by reason of section 302(b)(2) and— ‘‘(i) the Trade Representative considers that rights under the Agreement on Trade Related Aspects of Intellec tual Property Rights or the GATT 1994 relating to products subject to intellectual property protection are involved, the Trade Representative shall make the determination required under paragraph (1) not later than 30 days after the date on which the dispute settlement procedure is concluded; or ‘‘(ii) the Trade Representative does not consider that a trade agreement, including the Agreement on Trade Related Aspects of Intellectual Property Rights, is involved or does not make a determination described in subpara graph (B) with respect to such investigation, the Trade Representative shall make the determinations required under paragraph (1) with respect to such investigation not later than the date that is 6 months after the date on which such investigation is initiated.’’. (c) CONFORMING AMENDMENT.—Section 305(a)(2)(B) of the Trade Act of 1974 is amended by striking ‘‘section 304(a)(3)(A)’’ and inserting ‘‘section 304(a)(3)(A)(ii)’’. TITLE III—IRAQI CULTURAL ANTIQUITIES SEC. 3001. SHORT TITLE. This title may be cited as the ‘‘Emergency Protection for Iraqi Cultural Antiquities Act of 2004’’. SEC. 3002. EMERGENCY IMPLEMENTATION OF IMPORT RESTRICTIONS. (a) AUTHORITY.—The President may exercise the authority of the President under section 304 of the Convention on Cultural Property Implementation Act (19 U.S.C. 2603) with respect to any archaeological or ethnological material of Iraq without regard to whether Iraq is a State Party under that Act, except that, in exercising such authority, subsection (c) of such section shall not apply. (b) DEFINITION.—In this section, the term ‘‘archaeological or ethnological material of Iraq’’ means cultural property of Iraq and other items of archaeological, historical, cultural, rare scientific, or religious importance illegally removed from the Iraq National Museum, the National Library of Iraq, and other locations in Iraq, since the adoption of United Nations Security Council Resolution 661 of 1990. Emergency Protection for Iraqi Cultural Antiquities Act of 2004. 19 USC 2415. Deadlines.

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