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S. 3151 (107th): Afghanistan Free Trade Agreement Act

The text of the bill below is as of Nov 13, 2002 (Introduced).

S 3151 IS


2d Session

S. 3151

To authorize negotiation of free trade agreements with Afghanistan, and for other purposes.


November 13, 2002

Mr. GRAMM introduced the following bill; which was read twice and referred to the Committee on Finance


To authorize negotiation of free trade agreements with Afghanistan, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,


    This Act may be cited as the ‘Afghanistan Free Trade Agreement Act’.


    Congress makes the following findings:

      (1) The economic prosperity of the United States and Afghanistan will increase by reducing trade barriers.

      (2) Trade protection endangers economic prosperity in the United States and Afghanistan and undermines civil liberty and constitutionally limited government.

      (3) Free trade between the United States and Afghanistan will help in strengthening of Afghanistan’s economic security.

      (4) The successful establishment of a North American Free Trade Area sets the pattern for the reduction of trade barriers throughout the world, enhancing prosperity in place of the cycle of increasing trade barriers, and deepening poverty that results from a resort to protectionism and trade retaliation.

      (5) The reduction of government interference in the foreign and domestic sectors of a nation’s economy and the concomitant promotion of economic opportunity and freedoms promote civil liberty and constitutionally limited government.

      (6) Countries that observe a consistent policy of free trade, the promotion of free enterprise and other economic freedoms (including effective protection of private property rights), and the removal of barriers to foreign direct investment, in the context of constitutionally limited government and minimal interference in the economy, will follow the surest and most effective prescription to alleviate poverty and provide for economic, social, and political development.


    (a) IN GENERAL- The President shall take action to initiate negotiations to obtain trade agreements with Afghanistan, the terms of which provide for the reduction and ultimate elimination of tariffs and other nontariff barriers to trade.

    (b) RECIPROCAL BASIS- An agreement entered into under subsection (a) shall be reciprocal and provide mutual reductions in trade barriers to promote trade, economic growth, and employment.


    (a) IN GENERAL- Notwithstanding the prenegotiation notification and consultation requirement described in section 2104(a) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3804(a)), subsection (b) shall apply to any agreement negotiated under section 3(a), subject to subsection (c).

    (b) TREATMENT OF AGREEMENTS- Subject to subsection (c), in the case of any agreement to which subsection (a) applies--

      (1) the applicability of the trade authorities procedures to implementing bills shall be determined without regard to the requirements of section 2104(a) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3804(a)) (relating only to 90 days notice prior to initiating negotiations), and any procedural disapproval resolution under section 2105(b)(1)(B) of such Act shall not be in order on the basis of a failure or refusal to comply with the provisions of section 2104(a) of such Act; and

      (2) the President shall, as soon as feasible after the commencement of negotiations under section 3(a)--

        (A) notify the Congress of such negotiations, the specific United States objectives in the negotiations, and whether the President is seeking a new agreement or changes to an existing agreement; and

        (B) before and after submission of the notice, consult regarding the negotiations with the committees referred to in section 2104(a)(2) of such Act and the Congressional Oversight Group convened under section 2107 of such Act.

    (c) TERMINATION OF AUTHORITY- The authority of this section shall apply only to agreements entered into before January 1, 2008.