former CBTPA beneficiary country
(5) Definitions and special rules For purposes of this subsection— (A) Annex The term “the Annex” means Annex 300–B of the NAFTA. (B) CBTPA beneficiary country The term “CBTPA beneficiary country” means any “beneficiary country”, as defined in section 2702(a)(1)(A) of this title , which the President designates as a CBTPA beneficiary country, taking into account the criteria contained in subsections (b) and (c) of section 2702 of this title and other appropriate criteria, including the following: (i) Whether the beneficiary country has demonstrated a commitment to— (I) undertake its obligations under the WTO, including those agreements listed in section 3511(d) of this title , on or ahead of schedule; and (II) participate in negotiations toward the completion of the FTAA or another free trade agreement. (ii) The extent to which the country provides protection of intellectual property rights consistent with or greater than the protection afforded under the Agreement on Trade-Related Aspects of Intellectual Property Rights described in section 3511(d)(15) of this title . (iii) The extent to which the country provides internationally recognized worker rights, including— (I) the right of association; (II) the right to organize and bargain collectively; (III) a prohibition on the use of any form of forced or compulsory labor; (IV) a minimum age for the employment of children; and (V) acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health; (iv) Whether the country has implemented its commitments to eliminate the worst forms of child labor, as defined in section 507(6) of the Trade Act of 1974 [ 19 U.S.C. 2467(6) ]. (v) The extent to which the country has met the counter-narcotics certification criteria set forth in section 2291j of title 22 for eligibility for United States assistance. (vi) The extent to which the country has taken steps to become a party to and implements the Inter-American Convention Against Corruption. (vii) The extent to which the country— (I) applies transparent, nondiscriminatory, and competitive procedures in government procurement equivalent to those contained in the Agreement on Government Procurement described in section 3511(d)(17) of this title ; and (II) contributes to efforts in international fora to develop and implement international rules in transparency in government procurement. (C) CBTPA originating good (i) In general The term “CBTPA originating good” means a good that meets the rules of origin for a good set forth in chapter 4 of the NAFTA as implemented pursuant to United States law. (ii) Application of chapter 4 In applying chapter 4 of the NAFTA with respect to a CBTPA beneficiary country for purposes of this subsection— (I) no country other than the United States and a CBTPA beneficiary country may be treated as being a party to the NAFTA; (II) any reference to trade between the United States and Mexico shall be deemed to refer to trade between the United States and a CBTPA beneficiary country; (III) any reference to a party shall be deemed to refer to a CBTPA beneficiary country or the United States; and (IV) any reference to parties shall be deemed to refer to any combination of CBTPA beneficiary countries or to the United States and one or more CBTPA beneficiary countries (or any combination thereof). (D) Transition period The term “transition period” means, with respect to a CBTPA beneficiary country, the period that begins on October 1, 2000 , and ends on the earlier of— (i) September 30, 2020 ; or (ii) the date on which the FTAA or another free trade agreement that makes substantial progress in achieving the negotiating objectives set forth in section 3317(b)(5) of this title enters into force with respect to the United States and the CBTPA beneficiary country. (E) CBTPA The term “CBTPA” means the United States-Caribbean Basin Trade Partnership Act. (F) FTAA The term “FTAA” means the Free Trade Area of the Americas. (G) Former CBTPA beneficiary country The term “former CBTPA beneficiary country” means a country that ceases to be designated as a CBTPA beneficiary country under this chapter because the country has become a party to a free trade agreement with the United States. (H) Articles that undergo production in a CBTPA beneficiary country and a former CBTPA beneficiary country (i) For purposes of determining the eligibility of an article for preferential treatment under paragraph (2) or (3), references in either such paragraph, and in subparagraph (C) of this paragraph to— (I) a “CBTPA beneficiary country” shall be considered to include any former CBTPA beneficiary country, and (II) “CBTPA beneficiary countries” shall be considered to include former CBTPA beneficiary countries, if the article, or a good used in the production of the article, undergoes production in a CBTPA beneficiary country. (ii) An article that is eligible for preferential treatment under clause (i) shall not be ineligible for such treatment because the article is imported directly from a former CBTPA beneficiary country. (iii) Notwithstanding clauses (i) and (ii), an article that is a good of a former CBTPA beneficiary country for purposes of section 1304 of this title or section 3592 of this title , as the case may be, shall not be eligible for preferential treatment under paragraph (2) or (3), unless— (I) it is an article that is a good of the Dominican Republic under either such section 1304 or 3592 of this title ; and (II) the article, or a good used in the production of the article, undergoes production in Haiti.