Pub. L. 109-347, tit. IV, sec. 404
NEGOTIATIONS.
SEC. 404. NEGOTIATIONS. Section 629 of the Tariff Act of 1930 (19 U.S.C. 1629) is amended by adding at the end the following:“(h) Customs Procedures and Commitments.—“(1) In general.—The Secretary of Homeland Security, the United States Trade Representative, and other appropriate Federal officials shall work through appropriate international organizations including the World Customs Organization (WCO), the World Trade Organization (WTO), the International Maritime Organization, and the Asia-Pacific Economic Cooperation, to align, to the extent practicable, customs procedures, standards, requirements, and commitments in order to facilitate the efficient flow of international trade.“(2) United states trade representative.—“(A) In general.—The United States Trade Representative shall seek commitments in negotiations in the WTO regarding the articles of GATT 1994 that are described in subparagraph (B) that make progress in achieving—“(i) harmonization of import and export data collected by WTO members for customs purposes, to the extent practicable;120 STAT. 1929“(ii) enhanced procedural fairness and transparency with respect to the regulation of imports and exports by WTO members;“(iii) transparent standards for the efficient release of cargo by WTO members, to the extent practicable; and“(iv) the protection of confidential commercial data.“(B) Articles described.—The articles of the GATT 1994 described in this subparagraph are the following:“(i) Article V (relating to transit).“(ii) Article VIII (relating to fees and formalities associated with importation and exportation).“(iii) Article X (relating to publication and administration of trade regulations).“(C) GATT 1994.—The term ‘GATT 1994’ means the General Agreement on Tariff and Trade annexed to the WTO Agreement.“(3) Customs.—The Secretary of Homeland Security, acting through the Commissioner and in consultation with the United States Trade Representative, shall work with the WCO to facilitate the efficient flow of international trade, taking into account existing international agreements and the negotiating objectives of the WTO. The Commissioner shall work to—“(A) harmonize, to the extent practicable, import data collected by WCO members for customs purposes;“(B) automate and harmonize, to the extent practicable, the collection and storage of commercial data by WCO members;“(C) develop, to the extent practicable, transparent standards for the release of cargo by WCO members;“(D) develop and harmonize, to the extent practicable, standards, technologies, and protocols for physical or nonintrusive examinations that will facilitate the efficient flow of international trade; and“(E) ensure the protection of confidential commercial data.“(4) Definition.—In this subsection, the term ‘Commissioner’ means the Commissioner responsible for the United States Customs and Border Protection in the Department of Homeland Security.”.