19 U.S.C. § 501
ENFORCEMENT RELATING TO TRADE IN TIMBER PRODUCTS OF PERU.
“(a)Establishment of Interagency Committee.—Not later than 90 days after the date on which the Agreement enters into force [Feb. 1, 2009], the President shall establish an Interagency Committee (in this section referred to as the ‘Committee’). The Committee shall be responsible for overseeing the implementation of Annex 18.3.4 of the Agreement, including by undertaking such actions and making such determinations provided for in this section that are not otherwise authorized under law.“(b)Audit.—The Committee may request that the Government of Peru conduct an audit, pursuant to paragraph 6(b) of Annex 18.3.4 of the Agreement, to determine whether a particular producer or exporter in Peru is complying with all applicable laws, regulations, and other measures of Peru governing the harvest of, and trade in, timber products.“(c)Verification.—“(1)In general.—The Committee may request the Government of Peru to conduct a verification, pursuant to paragraph 7 of Annex 18.3.4 of the Agreement, for the purpose of determining whether, with respect to a particular shipment of timber products from Peru to the United States, the producer or exporter of the products has complied with applicable laws, regulations, and other measures of Peru governing the harvest of, and trade in, the products.“(2)Actions of committee.—If the Committee requests a verification under paragraph (1), the Committee shall—“(A) to the extent authorized under law, provide the Government of Peru with trade and transit documents and other information to assist Peru in conducting the verification; and“(B) direct U.S. Customs and Border Protection to take any appropriate action described in paragraph (4).“(3)Request to participate in verification visit.—The Committee may request the Government of Peru to permit officials of any agency represented on the Committee to participate in any visit conducted by Peru of the premises of a person that is the subject of the verification requested under paragraph (1) (in this section referred to as a ‘verification visit’). Such request shall be submitted in writing not later than 10 days before any scheduled verification visit and shall identify the names and titles of the officials intending to participate.“(4)Appropriate action pending the results of verification.—While the results of a verification requested under paragraph (1) are pending, the Committee may direct U.S. Customs and Border Protection to—“(A) detain the shipment that is the subject of the verification; or“(B) if the Committee has requested under paragraph (3) to have an official of any agency represented on the Committee participate in the verification visit and the Government of Peru has denied the request, deny entry to the shipment that is the subject of the verification.“(5)Determination upon receipt of report.—“(A)In general.—Within a reasonable time after the Government of Peru provides a report to the Committee describing the results of a verification requested under paragraph (1), the Committee shall determine whether any action is appropriate.“(B)Determination of appropriate action.—In determining the appropriate action to take and the duration of the action, the Committee shall consider any relevant factors, including—“(i) the verification report issued by the Government of Peru;“(ii) any information that officials of the United States have obtained regarding the shipment or person that is the subject of the verification; and“(iii) any information that officials of the United States have obtained during a verification visit.“(6)Notification.—Before directing that action be taken under paragraph (7), the Committee shall notify the Government of Peru in writing of the action that will be taken and the duration of the action.“(7)Appropriate action.—If the Committee makes an affirmative determination under paragraph (5), it may take any action with respect to the shipment that was the subject of the verification, or the products of the relevant producer or exporter, that the Committee considers appropriate, including directing U.S. Customs and Border Protection to—“(A) deny entry to the shipment;“(B) if a determination has been made that a producer or exporter has knowingly provided false information to officials of Peru or the United States regarding a shipment, deny entry to products of that producer or exporter derived from any tree species listed in Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249); or“(C) take any other action the Committee determines to be appropriate.“(8)Termination of appropriate action.—Any action under paragraph (7)(B) shall terminate not later than the later of—“(A) the end of the period specified in the written notification pursuant to paragraph (6); or“(B) 15 days after the date on which the Government of Peru submits to the United States the results of an audit under paragraph 6 of Annex 18.3.4 of the Agreement that concludes that the person has complied with all applicable laws, regulations, and other measures of Peru governing the harvest of, and trade in, timber products.“(9)Failure to provide verification report.—If the Committee determines that the Government of Peru has failed to provide a verification report, as required by paragraph 12 of Annex 18.3.4 of the Agreement, the Committee may take such action with respect to the relevant exporter’s timber products as the Committee considers appropriate, including any action described in paragraph (7).“(d)Confidentiality of Information.—The Committee and any agency represented on the Committee shall not disclose to the public, except with the specific permission of the Government of Peru, any documents or information received in the course of an audit under subsection (b) or in the course of a verification under subsection (c).“(e)Publicly Available Information.—The Committee shall make any information exchanged with Peru under paragraph 17 of Annex 18.3.4 of the Agreement publicly available in a timely manner, in accordance with paragraph 18 of Annex 18.3.4 of the Agreement.“(f)Coordination With Other Laws.—“(1)Endangered species act; lacey act.—In implementing this section, the Secretary of Agriculture, the Secretary of the Interior, the Secretary of Homeland Security, and the Secretary of the Treasury shall provide for appropriate coordination with the administration of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.).“(2)Other laws.—Nothing in this section supersedes or limits in any manner the functions or authority of the Secretary of Agriculture, the Secretary of the Interior, the Secretary of Homeland Security, or the Secretary of the Treasury under any other law, including laws relating to prohibited or restricted importations or possession of animals, plants, or other articles.“(3)Effect of determination.—No determination under this section shall preclude any proceeding or be considered determinative of any issue of fact or law in any proceeding under any law administered by the Secretary of Agriculture, the Secretary of the Interior, the Secretary of Homeland Security, or the Secretary of the Treasury.“(g)Further Implementation.—The Secretary of Agriculture, the Secretary of the Interior, the Secretary of Homeland Security, and the Secretary of the Treasury, in consultation with the Committee, shall prescribe such regulations as are necessary to carry out this section.“(h)Resources for Implementation.—Not later than 90 days after the date on which the Agreement enters into force, and as appropriate thereafter, the President shall consult with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives on the resources, including staffing, needed to implement Annex 18.3.4 of the Agreement.
Notes of Decisions
United States Ex Rel. Berkowitz v. Automation Aids, Inc., 896 F.3d 834 (7th Cir. 2018).
“Vendors with GSA schedule contracts are responsible for complying with the requirements of the Trade Agreements Act (TAA), 19 U.S.C. § 501 et seq. As relevant to this case, GSA requires that a vendor only offer and sell U.”
United Transp. Union v. Bottalico, 120 F. Supp. 2d 407 (S.D.N.Y. 2000).
“12(b)(1) for lack of subject matter jurisdiction and, in the alternative, pursuant to Fed. Rule Civ. P. 12(b)(6) for failure to state a claim upon which relief may be granted.”
Jeffrey Berkowitz v. Automation Aids (7th Cir. 2018).
“Vendors with GSA schedule contracts are responsible for complying with the requirements of the Trade Agreements Act (TAA), 19 U.S.C. § 501 et seq. As rele- vant to this case, GSA requires that a vendor only offer and sell U.”
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