22 U.S.C. § 9905: Private sector consultation…

Summary

Embassies must meet with local U.S. and host-country businesses when they set trade-expansion priorities. The head of the embassy must include written comments from local U.S. businesses in the mission’s trade plan sent to the Secretary of State. These comments help shape the joint strategic trade plan and its recommended funding. Each embassy must pick one staff person to take business recommendations and be reasonably available for talks about problems that hurt trade. The Secretary of State, Secretary of Commerce, U.S. Trade Representative, and other agency heads in the Economic Diplomacy Action Group must protect any proprietary material labeled “business confidential information.” A non‑confidential version must also be given with sensitive parts summarized or removed. Such proprietary material is treated as a trade secret and is exempt from disclosure under 5 U.S.C. 552(b)(4) without the submitter’s approval.

Title 22, §9905

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Consultation with private sector by embassy

In developing the priorities for trade expansion initiatives described in section 9904(d) of this title, embassy mission teams shall convene local representatives of the United States private sector and the private sector of host countries to consult on issues affecting trade at the borders of such countries and take into account the private sector’s operational expertise and experience confronting the trade barriers in such countries as well as its recommendations for reform and best practices.

(b)Inclusion of private-sector comments in mission plans

Written comments from local United States private sector representatives shall be included in the trade expansion component of mission plans submitted by the chief of mission to the Secretary of State, with recommendations and comments from the mission team, for the purpose of informing the development of the joint strategic plan on trade expansion priorities required pursuant to section 9904(c)(4) of this title and recommended funding for the implementation of such plan.

(c)Designated embassy point of contact for private sector consultation

Each chief of mission shall designate an appropriate point of contact within the embassy who shall receive recommendations from appropriate private sector representatives regarding the implementation of the strategic plan required under section 9904(c)(4) of this title and ongoing trade barriers negatively impacting priority trade expansion. The chief of mission shall ensure that the designated point of contact shall be reasonably available for consultations with appropriate private sector representatives and to receive recommendations with respect to country-specific issues that may arise that will foreseeably disrupt trade.

(d)Requirement to protect business confidential information

(1)In general

The Secretary of State, Secretary of Commerce, and United States Trade Representative as well as the heads of all other agencies involved in the Economic Diplomacy Action Group established under section 9904(c) of this title shall protect from disclosure any proprietary information submitted by any private sector representative and marked as “business confidential information”, unless the party submitting the confidential business information had notice, at the time of submission, that such information would be released by the head of any such department or agency, or such party subsequently consents to the release of the information. To the extent business confidential information is provided, a non-confidential version of the information shall also be provided, in which the business confidential information is summarized or, if necessary, deleted.

(2)Treatment as trade secrets

Proprietary information submitted by a private party in accordance with this chapter shall be considered to be a matter falling within the meaning of trade secrets and commercial or financial information exemption under section 552(b)(4) of title 5 and shall be exempt from disclosure without the express approval of the private party.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (d)(2), was in the original “this Act” and was translated as reading “this title”, meaning title VII of div. J of Pub. L. 116–94, Dec. 20, 2019, 133 Stat. 3069, known as the Championing American Business Through Diplomacy Act of 2019, to reflect the probable intent of Congress, notwithstanding section 3 of Pub. L. 116–94, set out as a note under section 1 of Title 1, General Provisions. Title VII is classified principally to this chapter. For complete classification of title VII to the Code, see

Short Title

note set out under section 9901 of this title and Tables.

§9905 Private Sector Consultation and Coordination