19 U.S.C. § 4012: Relationship of the…

Summary

Federal (U.S.) law wins if it conflicts with the Agreement, so any part of the Agreement that clashes with U.S. law has no effect. Nothing in this chapter changes or takes away powers given by U.S. law unless the chapter says so clearly. Only the United States can ask a court to strike down a state law for clashing with the Agreement. "State law" here includes local laws and state insurance rules. No one else can use the Agreement to start a legal claim, to use it as a defense, or to challenge a federal, state, or local government action as inconsistent with the Agreement.

Title 19, §4012

Customs Duties, Source: USLM XML via OLRC

(a)Relationship of Agreement to United States law

(1)United States law to prevail in conflict

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)Construction

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,

unless specifically provided for in this chapter.

(b)Relationship of Agreement to State law

(1)Legal challenge

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)Definition of State law

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)Effect of Agreement with respect to private remedies

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