Page:United States Statutes at Large Volume 98 Part 3.djvu/634

 98 STAT. 3006

PUBLIC LAW 98-573—OCT. 30, 1984

national or most-favored-nation treatment, the right of estabhshment, or protection of intellectual property rights. "(5) DEFINITION OF DISCRIMINATORY.—The term 'discriminatory' includes, where appropriate, any act, policy, or practice which denies national or most-favored-nation treatment to United States goods, services, or investment. "(6) SERVICE SECTOR ACCESS AUTHORIZATION.—The term 'service sector access authorization' means any license, permit, order, or other authorization, issued under the authority of Federal law, that permits a foreign supplier of services access to the United States market in a service sector concerned.". (3) Section 301(e) (19 U.S.C. 2411(e)), as redesignated by subsection (c) of this section, is amended by striking out the heading and inserting in lieu thereof: "(e) DEFINITIONS; SPECIAL RULE FOR VESSEL CONSTRUCTION SUBSI-

DIES.—For purposes of this section—". (g) Section 305 of the Trade Act of 1974 (19 U.S.C. 2415) is amended by adding at the end thereof the following new subsection: Confidentiality.

"(c) CERTAIN BUSINESS INFORMATION NOT M A D E AVAILABLE.—

"(1) IN GENERAL.—Except as provided in paragraph (2), and notwithstanding any other provision of law (including section 552 of title 5, United States Code), no information requested and received by the Trade Representative in aid of any investigation under this chapter shall be made available to any person if— "(A) the person providing such information certifies that— "(i) such information is business confidential, "(ii) the disclosure of such information would endanger trade secrets or profitability, and "(iii) such information is not generally available; "(B) the Trade Representative determines that such certification is well-founded; and "(C) to the extent required in regulations prescribed by the Trade Representative, the person providing such information provides an adequate nonconfidential summary of such information. "(2) USE OF INFORMATION.—The Trade Representative may— "(A) use such information, or make such information available (in his own discretion) to any employee of the Federal Government for use, in any investigation under this chapter, or "(B) may make such information available to any other person in a form which cannot be associated with, or otherwise identify, the person providing the information.". SEC. 305. NEGOTIATING OBJECTIVES WITH RESPECT TO INTERNATIONAL TRADE IN SERVICES AND INVESTMENT AND HIGH TECHNOLOGY INDUSTRIES.

(a)(1) Chapter 1 of title I is amended by inserting immediately after section 104 the following new section: 19 USC 2114a.

"SEC. 104A. NEGOTIATING OBJECTIVES WITH RESPECT TO TRADE IN SERVICES, FOREIGN DIRECT INVESTMENT, AND HIGH TECHNOLOGY PRODUCTS. "(a) TRADE IN SERVICES.—

19 USC 2112.

"(1) IN GENERAL.—Principal United States negotiating objectives under section 102 shall be—

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