Page:United States Statutes at Large Volume 98 Part 3.djvu/640

 98 STAT. 3012

PUBLIC LAW 98-573—OCT. 30, 1984

"(n) NON-FEDERAL GOVERNMENT DEFINED.—The term 'non-Federal government' means— "(1) any State, territory, or possession of the United States, or the District of Columbia, or any political subdivision thereof, or "(2) any agency or instrumentality of any entity described in paragraph (1)."; and (vi) by inserting "or Public" after "Private" in the heading (C)(i) Section 104(c) (19 U.S.C. 2114(c)) is amended by inserting "or non-Federal governmental" after "private". (ii) Section 303 (19 U.S.C. 2413) and section 304(b)(2) (19 U.S.C. 2414(b)(2)) are each amended by striking out "private sector". (iii) The table of sections for chapter 3 of title I is amended by inserting "and public" after "private" in the item relating to section 135. SEC. 307. NEGOTIATING AUTHORITY WITH RESPECT TO FOREIGN DIRECT INVESTMENT.

19 USC 2ii4d.

(a) Paragraph (3) of section 102(g) (19 U.S.C. 2112(g)(3)) is amended to read as follows: "(3) the term 'international trade' includes— "(A) trade in both goods and services, and "(B) foreign direct investment by United States persons, especially if such investment has implications for trade in goods and services.". (b)(l) If the United States Trade Representative, with the advice of the committee established by section 242 of the Trade Expansion of 1962 (19 U.S.C. 1872), determines that action by the United States is appropriate to respond to any export performance requirements of any foreign country or instrumentality that adversely affect the economic interests of the United States, then the United States Trade Representative shall seek to obtain the reduction and elimination of such export performance requirements through consultations and negotiations with the foreign country or instrumentality concerned. (2) In addition to the action referred to in subsection (1), the United States Trade Representative may impose duties or other import restrictions on the products or services of such foreign country or instrumentality for such time as he determines appropriate, including the exclusion from entry into the United States of products subject to such requirements. (3) Nothing in paragraph (2) or paragraph (3) shall apply to any products or services with respect to which— (A) any foreign direct investment (including a purchase of land or facilities) has been made directly or indirectly by any United States person before the date of enactment of this Act, or (B) any written commitment relating to a foreign direct investment that is binding on the date of enactment of this Act has been made directly or indirectly by any United States person. (4) Whenever the international obligations of the United States and actions taken under paragraph (2) make compensation necessary or appropriate, compensation may be provided by the United States Trade Representative subject to the limitations and conditions contained in section 123 of the Trade Act of 1974 (19 U.S.C.

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