U.S. Code > Title 19 Customs Duties > CHAPTER 13—TRADE AGREEMENTS ACT OF 1979 (§§ 2501—2582) > SUBCHAPTER I—GOVERNMENT PROCUREMENT (§§ 2511—2518) > § 2511. General authority to modify discriminatory purchasing requirements

§ 2511. General authority to modify discriminatory purchasing requirements

(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) of this section, 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) of this section 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 North American Free Trade Agreement, 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) of this section or designation made pursuant to subsection (b) of this section.
(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 1001.1a–2 of the North American Free Trade Agreement to procure eligible products in compliance with the procedural provisions of chapter 10 of such Agreement.
(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.