Title 19Customs DutiesRelease 119-73

§2114a Negotiating objectives with respect to trade in services, foreign direct investment, and high technology products

Title 19 › Chapter CHAPTER 12— - TRADE ACT OF 1974 › Subchapter SUBCHAPTER I— - NEGOTIATING AND OTHER AUTHORITY › Part Part 1— - Rates of Duty and Other Trade Barriers › § 2114a

Last updated Apr 6, 2026|Official source

Summary

Requires U.S. trade negotiators to work to open foreign markets for services and for foreign direct investment. They must try to lower or remove rules that block U.S. service providers or stop U.S. firms from setting up or operating in other countries. Negotiators must also push for international rules and dispute procedures that match U.S. commercial policies and help open trade. While doing this, they must consider valid U.S. goals like protecting health, safety, national security, the environment, consumers, and jobs, and the laws tied to those goals. Also requires negotiators to focus on high-technology goods and services. They must seek the most open treatment possible and try to stop or offset harmful foreign government actions listed in section 2241, such as policies that favor domestic firms, discriminate against foreign tech firms, weaken intellectual property rights, block access to key markets, or encourage anti-competitive practices. They should get promises not to discourage buying foreign tech, to remove tariffs and other barriers, to treat foreign firms fairly, to support joint scientific work and sharing results, and to protect intellectual property and proprietary data. “Barriers to trade in services” means limits on setting up businesses and limits on operating there, including rules that restrict sending information across borders or using data-processing facilities.

Full Legal Text

Title 19, §2114a

Customs Duties — Source: USLM XML via OLRC

(a)(1)Principal United States negotiating objectives under section 2112 of this title shall be—
(A)to reduce or to eliminate barriers to, or other distortions of, international trade in services (particularly United States service sector trade in foreign markets), including barriers that deny national treatment and restrictions on the establishment and operation in such markets; and
(B)to develop internationally agreed rules, including dispute settlement procedures, which—
(i)are consistent with the commercial policies of the United States, and
(ii)will reduce or eliminate such barriers or distortions and help ensure open international trade in services.
(2)In pursuing the objectives described in paragraph (1), United States negotiators shall take into account legitimate United States domestic objectives including, but not limited to, the protection of legitimate health or safety, essential security, environmental, consumer or employment opportunity interests and the laws and regulations related thereto.
(b)(1)Principal United States negotiating objectives under section 2112 of this title shall be—
(A)to reduce or to eliminate artificial or trade-distorting barriers to foreign direct investment, to expand the principle of national treatment, and to reduce unreasonable barriers to establishment; and
(B)to develop internationally agreed rules, including dispute settlement procedures, which—
(i)will help ensure a free flow of foreign direct investment, and
(ii)will reduce or eliminate the trade distortive effects of certain investment related measures.
(2)In pursuing the objectives described in paragraph (1), United States negotiators shall take into account legitimate United States domestic objectives including, but not limited to, the protection of legitimate health or safety, essential security, environmental, consumer or employment opportunity interests and the laws and regulations related thereto.
(c)Principal United States negotiating objectives shall be—
(1)to obtain and preserve the maximum openness with respect to international trade and investment in high technology products and related services;
(2)to obtain the elimination or reduction of, or compensation for, the significantly distorting effects of foreign government acts, policies, or practices identified in section 2241 of this title, with particular consideration given to the nature and extent of foreign government intervention affecting United States exports of high technology products or investments in high technology industries, including—
(A)foreign industrial policies which distort international trade or investment;
(B)measures which deny national treatment or otherwise discriminate in favor of domestic high technology industries;
(C)measures which fail to provide adequate and effective means for foreign nationals to secure, exercise, and enforce exclusive rights in intellectual property (including trademarks, patents, and copyrights);
(D)measures which impair access to domestic markets for key commodity products; and
(E)measures which facilitate or encourage anticompetitive market practices or structures;
(3)to obtain commitments that official policy of foreign countries or instrumentalities will not discourage government or private procurement of foreign high technology products and related services;
(4)to obtain the reduction or elimination of all tariffs on, and other barriers to, United States exports of high technology products and related services;
(5)to obtain commitments to foster national treatment;
(6)to obtain commitments to—
(A)foster the pursuit of joint scientific cooperation between companies, institutions or governmental entities of the United States and those of the trading partners of the United States in areas of mutual interest through such measures as financial participation and technical and personnel exchanges, and
(B)ensure that access by all participants to the results of any such cooperative efforts should not be impaired; and
(7)to provide effective minimum safeguards for the acquisition and enforcement of intellectual property rights and the property value of proprietary data.
(d)For purposes of subsection (a), the term “barriers to, or other distortions of, international trade in services” includes, but is not limited to—
(1)barriers to establishment in foreign markets, and
(2)restrictions on the operation of enterprises in foreign markets, including—
(A)direct or indirect restrictions on the transfer of information into, or out of, the country or instrumentality concerned, and
(B)restrictions on the use of data processing facilities within or outside of such country or instrumentality.

Reference

Citations & Metadata

Citation

19 U.S.C. § 2114a

Title 19Customs Duties

Last Updated

Apr 6, 2026

Release point: 119-73