**(a) Presidential waiver of discriminatory purchasing requirements** Subject to subsection (f) of this section, the President may waive, in whole or in part, with respect to eligible products of any foreign country or instrumentality designated under subsection (b), and suppliers of such products, the application of any law, regulation, procedure, or practice regarding Government procurement that would, if applied to such products and suppliers, result in treatment less favorable than that accorded—
(1) to United States products and suppliers of such products; or
(2) to eligible products of another foreign country or instrumentality which is a party to the Agreement and suppliers of such products.
**(b) Designation of eligible countries and instrumentalities** The President may designate a foreign country or instrumentality for purposes of subsection (a) only if he determines that such country or instrumentality—
(1) is a country or instrumentality which (A) has become a party to the Agreement or the USMCA (as defined in [section 4502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4502&num=0&edition=prelim)), and (B) will provide appropriate reciprocal competitive government procurement opportunities to United States products and suppliers of such products;
(2) is a country or instrumentality, other than a major industrial country, which (A) will otherwise assume the obligations of the Agreement, and (B) will provide such opportunities to such products and suppliers;
(3) is a country or instrumentality, other than a major industrial country, which will provide such opportunities to such products and suppliers; or
(4) is a least developed country.
**(c) Modification or withdrawal of waivers and designations** The Presi
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Stable record: federal_law:legal_authorities:record_usc_1792a072527a3c36a5ca68e3 Source file: Laws/federal/codes/united-states-code/title-19/section-2515-general-authority-to-modify-discriminatory-purchasing-requirements--9279cf9fc9.md Pages: Not recorded – Not recorded Passage SHA-256: f56942a9fb117fbfffab09d2926496d07d208046730e4a40849b7e8002db78fc Retained source evidence SHA-256: 2cc38fed9315afed0290cdcccaddad89a0ff8663e5e5d8d2215335d168256612
Source location: Title 19, Chapter 13, § 2515; chapter-013-trade-agreements-act-of-1979.md
Stored source content
**(a) Presidential waiver of discriminatory purchasing requirements** Subject to subsection (f) of this section, the President may waive, in whole or in part, with respect to eligible products of any foreign country or instrumentality designated under subsection (b), and suppliers of such products, the application of any law, regulation, procedure, or practice regarding Government procurement that would, if applied to such products and suppliers, result in treatment less favorable than that accorded—
(1) to United States products and suppliers of such products; or
(2) to eligible products of another foreign country or instrumentality which is a party to the Agreement and suppliers of such products.
**(b) Designation of eligible countries and instrumentalities** The President may designate a foreign country or instrumentality for purposes of subsection (a) only if he determines that such country or instrumentality—
(1) is a country or instrumentality which (A) has become a party to the Agreement or the USMCA (as defined in [section 4502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4502&num=0&edition=prelim)), and (B) will provide appropriate reciprocal competitive government procurement opportunities to United States products and suppliers of such products;
(2) is a country or instrumentality, other than a major industrial country, which (A) will otherwise assume the obligations of the Agreement, and (B) will provide such opportunities to such products and suppliers;
(3) is a country or instrumentality, other than a major industrial country, which will provide such opportunities to such products and suppliers; or
(4) is a least developed country.
**(c) Modification or withdrawal of waivers and designations** The President may modify or withdraw any waiver granted pursuant to subsection (a) or designation made pursuant to subsection (b).
**(d) Omitted**
**(e) Procurement procedures by certain Federal agencies** Notwithstanding any other provision of law, the President may direct any agency of the United States listed in Annex 13–A of the USMCA (as defined in [section 4502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4502&num=0&edition=prelim)) to procure eligible products in compliance with the procedural provisions of chapter 13 of the USMCA.
**(f) Small business and minority preferences** The authority of the President under subsection (a) of this section to waive any law, regulation, procedure, or practice regarding Government procurement does not authorize the waiver of any small business or minority preference.
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Federal law — U.S. Code and appendices · legal_authorities
§ 2515. Monitoring and enforcement
(a) Monitoring and enforcement structure rec-
ommendations
In the preparation of the recommendations for
the reorganization of trade functions, the Presi-
dent shall ensure that careful consideration is
given to monitoring and enforcing the require-
ments of the Agreement and this subchapter,
with particular regard to the tendering proce-
dures required by the Agreement or otherwise
agreed to by a country or instrumentality likely
to be designated pursuant to section 2511(b) of
this title.
(b) Rules of origin
(1) Advisory rulings and final determinations
For the purposes of this subchapter, the Sec-
retary of the Treasury shall provide for the
prompt issuance of advisory rulings and final
determinations on whether, under section
2518(4)(B) of this title, an article is or would be
a product of a foreign country or instrumen-
tality designated pursuant to section 2511(b) of
this title.
(2) Penalties for fraudulent conduct
In addition to any other provisions of law
which may be applicable, section 1001 of title
18 shall apply to fraudulent conduct with re-
spect to the origin of products for purposes of
qualifying for a waiver under section 2511 of
this title or avoiding a prohibition under sec-
tion 2512 of this title.
(c) Report to Congress on rules of origin
(1) Domestic administrative practices
As soon as practicable after the close of the
two-year period beginning on the date on
which any waiver under section 2511(a) of this
title first takes effect, the President shall pre-
pare and transmit to Congress a report con-
taining an evaluation of administrative prac-
tices under any provision of law which re-
quires determinations to be made of the coun-
try of origin of goods, products, commodities,
or othe