§2439 — Title 19 Customs Duties | U.S. Code

Summary

On or after January 3, 1975, the United States must not give loans, loan guarantees, or investment guarantees to a nonmarket-economy country, and the President must not make commercial agreements with that country, if the President finds the country stops its people from permanently emigrating to join a very close relative in the United States (for example a spouse, parent, child, brother, or sister), or charges more than a small fee for the visa or papers needed to leave, or punishes people who want to emigrate. The President can allow such aid or an agreement only after sending Congress a report saying the country is not doing those things. The report must describe the country’s laws and rules about emigration and must be updated by June 30 and December 31 while the aid or agreement continues. Countries whose products qualified for tariff rate column 1 on January 3, 1975, are exempt. If a waiver under section 2432(c) covers a country, these rules do not apply to that country while the waiver is in effect.

Title 19, §2439

Customs Duties — Source: USLM XML via OLRC

(a)To assure the continued dedication of the United States to the fundamental human rights and welfare of its own citizens, and notwithstanding any other provision of law, on or after January 3, 1975, no nonmarket economy country shall participate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, directly or indirectly, and the President of the United States shall not conclude any commercial agreement with any such country, during the period beginning with the date on which the President determines that such country—

(1)denies its citizens the right or opportunity to join permanently through emigration, a very close relative in the United State,11 So in original. such as a spouse, parent, child, brother, or sister;

(2)imposes more than a nominal tax on the visas or other documents required for emigration described in paragraph (1); or

(3)imposes more than a nominal tax, levy, fine, fee, or other charge on any citizen as a consequence of the desire of such citizen to emigrate as described in paragraph (1),

(b)After January 3, 1975, (A) a nonmarket economy country may participate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, and (B) the President may conclude a commercial agreement with such country, only after the President has submitted to the Congress a report indicating that such country is not in violation of paragraph (1), (2), or (3) of subsection (a). Such report with respect to such country shall include information as to the nature and implementation of its laws and policies and restrictions or discrimination applied to or against persons wishing to emigrate to the United States to join close relatives. The report required by this subsection shall be submitted initially as provided herein and, with current information, on or before each June 30 and December 31 thereafter, so long as such credits or guarantees are extended or such agreement is in effect.

(c)This section shall not apply to any country the products of which are eligible for the rates set forth in rate column numbered 1 of the Tariff Schedules of the United States on January 3, 1975.

(d)During any period that a waiver is in effect with respect to any nonmarket economy country under section 2432(c) of this title, the provisions of subsections (a) and (b) shall not apply with respect to such country.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Tariff Schedules of the United States, referred to in subsec. (c), to be treated as a reference to the Harmonized Tariff Schedule, pursuant to section 3012 of this title. The Harmonized Tariff Schedule is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.

Executive Documents

Delegation of Functions For delegation of congressional reporting functions of President under subsec. (b) of this section, see section 1 of Ex. Ord. No. 13313, July 31, 2003, 68 F.R. 46073, set out as a note under section 301 of Title 3, The President.

§2439 Freedom to emigrate to join a very close relative in United States