In the case of any trade agreement which may be entered into by the President with a NAFTA country, the negotiating objectives of the United States with respect to subsidies shall include—

1. (1) achievement of increased discipline on domestic subsidies provided by a foreign government, including—

   1. (A) the provision of capital, loans, or loan guarantees on terms inconsistent with commercial considerations;
   2. (B) the provision of goods or services at preferential rates;
   3. (C) the granting of funds or forgiveness of debt to cover operating losses sustained by a specific industry; and
   4. (D) the assumption of any costs or expenses of manufacture, production, or distribution;
2. (2) achievement of increased discipline on export subsidies provided by a foreign government, particularly with respect to agricultural products; and
3. (3) maintenance of effective remedies against subsidized imports, including, where appropriate, countervailing duties.

(Pub. L. 103–182, title IV, § 406, Dec. 8, 1993, 107 Stat. 2138.)

Transfer of Section

Pub. L. 116–113, title V, § 504(g)(1), (2), (k), Jan. 29, 2020, 134 Stat. 75, 76, provided that, effective on the date on which the USMCA enters into force, but not applicable to certain determinations under section 1516a of this title or binational panel reviews under NAFTA, this section is transferred to subtitle B of title IV of Pub. L. 113–116 and redesignated as section 416 of that Act. After such effective date, transferred section will be classified to section 4586 of this title.