Page:United States Statutes at Large Volume 102 Part 2.djvu/547

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PUBLIC LAW 100-000—MMMM. DD, 1988

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PUBLIC LAW 1 0 0 - 4 1 8 - A U G. 23, 1988

102 STAT. 1551

tory purchasing requirements granted to that signatory country pursuant to section 301(a) of this Act, and remove that country from the report under subsection (d)(1) of this section at such time as the President determines that— "(A) the signatory country has complied with the Agreement; "(B) the signatory country has taken corrective action as a result of the dispute settlement procedures to the satisfaction of the President; or "(C) the dispute settlement procedures result in a determination requiring no action by the other signatory country. "(g) PROCEDURES WITH RESPECT TO OTHER DISCRIMINATION.— "(1) IMPOSITION OF SANCTIONS.—If, within 60 days after

the annual report is submitted under subsection (d)(1), a country that is identified pursuant to subparagraph (B) or (C) of such subsection has not eliminated their discriminatory procurement practices, then, on the day after the end of such 60-day period— "(A) the President shall identify such country as a country that maintains, in government procurement, a significant and persistent pattern or practice of discrimination against United States products or services which results in identifiable harm to United States businesses; and "(B) the prohibition on procurement contained in section 4 of the Act of March 3, 1933, shall apply to such country. "(2) WITHHOLDING AND MODIFICATION OF SANCTIONS.—If the

President determines that imposing or continuing the sanction required by paragraph (1) would harm the public interest of the United States, the President may, to the extent necessary to impose appropriate limitations that are equivalent, in their effect, to the discrimination against United States products or services in government procurement by that country, modify or restrict the application of such sanction, subject to such terms and conditions as the President considers appropriate. "(3) TERMINATION OF SANCTIONS.—The President may termi-

nate the sanctions imposed under paragraph (1) or (2) and remove a country from the report under subsection (d)(1) at such time as the President determines that the country has eliminated the discrimination identified pursuant to subsection (d)(2) (B) or (C). "(h) LIMITATIONS ON IMPOSING SANCTIONS.— "(1) AVOIDING ADVERSE IMPACT ON COMPETITION.—The

President shall not take any action under subsection (f) or (g) of this section if the President determines that such action— "(A) would limit the procurement or class of procurements to, or would establish a preference for, the products or services of a single manufacturer or supplier; or "(B) would, with respect to any procurement or class of procurements, result in an insufficient number of potential or actual bidders to assure procurement of services, articles, materials, or supplies of requisite quality at competitive prices. "(2) ADVICE FROM U.S. AGENCIES AND BUSINESSES.—The President, in taking any action under this subsection to limit government procurements from foreign countries, shall seek the advice of executive agencies through the interagency trade organization established under section 242(a) of the Trade