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of such title as in effect when the cause of

action arose.

Appendix II Endnotes

1 Part II of the Appendix consists of provisions of the Berne

Convention Implementation Act of 1988, Pub. L. No. 100-568, 102 Stat.

2853, that do not amend title 17 of the United States Code.

2 The Berne Convention entered into force in the United States on March

1, 1989.

Appendix III. Uruguay Round Agreements Act [1]

Sec. 2. Definitions.

For purposes of this Act:

(1) GATT 1947; GATT 1994.

(A) GATT 1947. The term "GATT 1947" means the General Agreement on

Tariffs and Trade, dated October 30, 1947, annexed to the Final Act

Adopted at the Conclusion of the Second Session of the Preparatory

Committee of the United Nations Conference on Trade and Employment, as

subsequently rectified, amended, or modified by the terms of legal

instruments which have entered into force before the date of entry into

force of the WTO Agreement.

(B) GATT 1994. The term "GATT 1994" means the General Agreement on

Tariffs and Trade annexed to the WTO Agreement.

(2) HTS. The term "HTS" means the Harmonized Tariff Schedule of the

United States.

(3)International trade commission. The term "International Trade

Commission" means the United States International Trade Commission.

(4) Multilateral trade agreement. The term "multilateral trade

agreement" means an agreement described in section 101(d) of this Act

(other than an agreement described in paragraph (17) or (18) of such

section).

(5) Schedule XX. The term "Schedule XX" means Schedule XX - United States

of America annexed to the Marrakesh Protocol to the GATT 1994.

(6) Trade representative. The term "Trade Representative" means the

United States Trade Representative.

(7) Uruguay round agreements. The term "Uruguay Round Agreements" means

the agreements approved by the Congress under section 101(a)(1).

(8) World trade organization and WTO. The terms "World Trade

Organization" and "WTO" mean the organization established pursuant to

the WTO Agreement.

(9) WTO agreement. The term "WTO Agreement" means the Agreement

Establishing the World Trade Organization entered into on April 15,

1994.

(10) WTO member and WTO member country. The terms "WTO member" and "WTO

member country" mean a state, or separate customs territory (within the

meaning of Article XII of the WTO Agreement), with respect to which the

United States applies the WTO Agreement.

Sec. 101. Approval and entry into force of the Uruguay Round Agreements.

(a) Approval of Agreements and Statement of Administrative Action.

Pursuant to section 1103 of the Omnibus Trade and Competitiveness Act of

1988 (19 U.S.C. 2903) and section 151 of the Trade Act of 1974 (19

U.S.C. 2191), the Congress approves-

(1) the trade agreements described in subsection (d) resulting from the

Uruguay Round of multilateral trade negotiations under the auspices of

the General Agreement on Tariffs and Trade, entered into on April 15,

1994, and submitted to the Congress on September 27, 1994; and

(2) the statement of administrative action proposed to implement the

agreements that was submitted to the Congress on September 27, 1994.

(b) Entry Into Force. At such time as the President determines that a

sufficient number of foreign countries are accepting the obligations of

the Uruguay Round Agreements, in accordance with article XIV of the WTO

Agreement, to ensure the effective operation of, and adequate benefits

for the United States under, those Agreements, the President may accept

the Uruguay Round Agreements and implement article VIII of the WTO

Agreement.

(c) Authorization of Appropriations. There are authorized to be

appropriated annually such sums as may be necessary for the payment by

the United States of its share of the expenses of the WTO.

(d) Trade Agreements to Which This Act Applies. Subsection (a) applies

to the WTO Agreement and to the following agreements annexed to that

Agreement:

(1) The General Agreement on Tariffs and Trade 1994.

(2) The Agreement on Agriculture.

(3) The Agreement on the Application of Sanitary and Phytosanitary

Measures.

(4) The Agreement on Textiles and Clothing.

(5) The Agreement on Technical Barriers to Trade.

(6) The Agreement on Trade-Related Investment Measures.

(7) The Agreement on Implementation of Article VI of the General

Agreement on Tariffs and Trade 1994.

(8) The Agreement on Implementation of Article VII of the General

Agreement on Tariffs and Trade 1994.

(9) The Agreement on Preshipment Inspection.

(10) The Agreement on Rules of Origin.

(11) The Agreement on Import Licensing Procedures.

(12) The Agreement on Subsidies and Countervailing Measures.

(13) The Agreement on Safeguards.

(14) The General Agreement on Trade in Services.

(15) The Agreement on Trade-Related Aspects of Intellectual Property

Rights.

(16) The Understanding on Rules and Procedures Governing the Settlement

of Disputes.

(17) The Agreement on Government Procurement.

(18) The International Bovine Meat Agreement.

Sec. 102. Relationship of the agreements to United States law and

state law.

(a) Relationship of Agreements to United States Law.

(1) United states law to prevail in conflict. No provision of any of the

Uruguay Round Agreements, nor the application of any such provision to

any person or circumstance, that is inconsistent with any law of the

United States shall have effect.

(2) Construction. Nothing in this Act shall be construed

(A) to amend or modify any law of the United States, including any law

relating to-

(i) the protection of human, animal, or plant life or health,

(ii) the protection of the environment, or

(iii) worker safety, or

(B) to limit any authority conferred under any law of the United States,

including section 301 of the Trade Act of 1974,

unless specifically provided for in this Act.

(b) Relationship of Agreements to State Law.-

(1) Federal-State Consultation.

(A) In General. Upon the enactment of this Act, the President shall,

through the intergovernmental policy advisory committees on trade

established under section 306(c)(2)(A) of the Trade and Tariff Act of

1984 (19 U.S.C. 2114c(2)(A)), consult with the States for the purpose of

achieving conformity of State laws and practices with the Uruguay Round

Agreements.

(B) Federal-State Consultation Process. The Trade Representative shall

establish within the Office of the United States Trade Representative a

Federal-State consultation process for addressing issues relating to the

Uruguay Round Agreements that directly relate to, or will potentially

have a direct effect on, the States. The Federal-State consultation

process shall include procedures under which-

(i) the States will be informed on a continuing basis of matters under

the Uruguay Round Agreements that directly relate to, or will

potentially have a direct impact on, the States;

(ii) the States will be provided an opportunity to submit, on a

continuing basis, to the Trade Representative information and advice

with respect to matters referred to in clause (i); and

(iii) the Trade Representative will take into account the information

and advice received from the States under clause (ii) when formulating

United States positions regarding matters referred to in clause (i).

The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to

the Federal-State consultation process established by this paragraph.

(C) Federal-State Cooperation in WTO Dispute Settlement.

(i) When a WTO member requests consultations with the United States

under Article 4 of the Understanding on Rules and Procedures Governing

the Settlement of Disputes referred to in section 101(d)(16) (hereafter

in this subsection referred to as the "Dispute Settlement

Understanding") concerning whether the law of a State is inconsistent

with the obligations undertaken by the United States in any of the

Uruguay Round Agreements, the Trade Representative shall notify the

Governor of the State or the Governor's designee, and the chief legal

officer of the jurisdiction whose law is the subject of the

consultations, as soon as possible after the request is received, but in

no event later than 7 days thereafter.

(ii) Not later than 30 days after receiving such a request for

consultations, the Trade Representative shall consult with

representatives of the State concerned regarding the matter. If the

consultations involve the laws of a large number of States, the Trade

Representative may consult with an appropriate group of representatives

of the States concerned, as determined by those States.

(iii) The Trade Representative shall make every effort to ensure that

the State concerned is involved in the development of the position of

the United States at each stage of the consultations and each subsequent

stage of dispute settlement proceedings regarding the matter. In

particular, the Trade Representative shall-

(I) notify the State concerned not later than 7 days after a WTO member

requests the establishment of a dispute settlement panel or gives notice

of the WTO member's decision to appeal a report by a dispute settlement

panel regarding the matter; and

(II) provide the State concerned with the opportunity to advise and

assist the Trade Representative 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 an

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 subcentral government

measure of another WTO member, notify, and solicit the views of,

appropriate representatives of each State regarding the matter.

(ii) In exigent circumstances clause (i) shall not apply, in which case

the Trade Representative shall notify 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 entitled 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 court's

judgment becomes final and all timely appeals, including discretionary

review, of such judgment are exhausted.

(C) Reports to Congressional Committees. At least 30 days before the

United States brings an action described in subparagraph (A), the Trade

Representative shall provide a report to the Committee on Ways and Means

of the House of Representatives and the Committee on Finance of the

Senate-

(i) describing the proposed action;

(ii) describing efforts by the Trade Representative to resolve the

matter with the State concerned by other means; and

(iii)