§4012 — Title 19 Customs Duties | U.S. Code

Summary

Any part of the Agreement that conflicts with a federal law has no force. Nothing here changes U.S. laws or takes away powers given by federal law. Only the United States can go to court to say a state law is invalid because it conflicts with the Agreement. State law means any local government law and any state law about insurance. Only the United States can use the Agreement as a legal claim or defense. No one else may sue saying a federal, state, or local action is wrong because it does not follow the Agreement.

Title 19, §4012

Customs Duties — Source: USLM XML via OLRC

(a)(1)No provision of the Agreement, nor the application of any such provision to any person or circumstance, which is inconsistent with any law of the United States shall have effect.

(2)Nothing in this chapter shall be construed—

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

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

(b)(1)No State law, or the application thereof, may be declared invalid as to any person or circumstance on the ground that the provision or application is inconsistent with the Agreement, except in an action brought by the United States for the purpose of declaring such law or application invalid.

(2)For purposes of this subsection, the term “State law” includes—

(A)any law of a political subdivision of a State; and

(B)any State law regulating or taxing the business of insurance.

(c)No person other than the United States—

(1)shall have any cause of action or defense under the Agreement or by virtue of congressional approval thereof; or

(2)may challenge, in any action brought under any provision of law, any action or inaction by any department, agency, or other instrumentality of the United States, any State, or any political subdivision of a State, on the ground that such action or inaction is inconsistent with the Agreement.

Notes & Related Subsidiaries

Termination of SectionFor termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below.

Editorial Notes

References in Text

This chapter, referred to in subsec. (a)(2), was in the original “this Act”, meaning Pub. L. 109–53, Aug. 2, 2005, 119 Stat. 462, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 4001 of this title and Tables.

Statutory Notes and Related Subsidiaries

Effective and Termination Dates Section effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on the date the Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see section 107 of Pub. L. 109–53, set out as a note under section 4001 of this title.

§4012 Relationship of the Agreement to United States and State law