Flight status, tracking, and historical data for United 3001 (UA3001/UAL3001) including scheduled, estimated, and actual departure and arrival times.
- '(4) Appropriate committees of congress defined.-In this subsection, the term 'appropriate committees of Congress' has the meaning given that term in section section sic 301(1) of title 10, United States Code, as added by section 1241(a)(3) of this Act.' Memorandum of President of the United States, Feb. 8, 2018, 83 F.R.
- Seating view photos from seats at United Center, section 301, home of Chicago Blackhawks, Chicago Bulls. See the view from your seat at United Center.
Subpart 25.3—Contracts Performed Outside the United States
25.301 Contractor personnel in a designated operational area or supporting a diplomatic or consular mission outside the United States.
25.301-1 Scope.
(a) This section applies to contracts requiring contractor personnel to perform outside the United States--
(1) In a designated operational area during--
3015 United Founders Blvd
(i) Contingency operations;
(ii) Humanitarian or peacekeeping operations; or
(iii) Other military operations or military exercises, when designated by the combatant commander; or
(2) When supporting a diplomatic or consular mission--
(i) That has been designated by the Department of State as a danger pay post (see http://aoprals.state.gov/Web920/danger_pay_all.asp); or
(ii) That the contracting officer determines is a post at which application of the clause at FAR 52.225-19, Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission outside the United States, is appropriate.
(b) Any of the types of operations listed in paragraph (a)(1) of this section may include stability operations such as--
(1) Establishment or maintenance of a safe and secure environment; or
(2) Provision of emergency infrastructure reconstruction, humanitarian relief, or essential governmental services (until feasible to transition to local government).
(c) This section does not apply to personal services contracts (see FAR 37.104), unless specified otherwise in agency procedures.
25.301-2 Government support.
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(a) Generally, contractors are responsible for providing their own logistical and security support, including logistical and security support for their employees. The agency shall provide logistical or security support only when the appropriate agency official, in accordance with agency guidance, determines that--
(1) Such Government support is available and is needed to ensure continuation of essential contractor services; and
(2) The contractor cannot obtain adequate support from other sources at a reasonable cost.
(b) The contracting officer shall specify in the contract, and in the solicitation if possible, the exact support to be provided, and whether this support is provided on a reimbursable basis, citing the authority for the reimbursement.
25.301-3 Weapons.
The contracting officer shall follow agency procedures and the weapons policy established by the combatant commander or the chief of mission when authorizing contractor personnel to carry weapons (see paragraph (i) of the clause at 52.225-19, Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission outside the United States).
25.301-4 Contract clause.
Insert the clause at 52.225-19, Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission outside the United States, in solicitations and contracts, other than personal service contracts with individuals, that will require contractor personnel to perform outside the United States—
(a) In a designated operational area during--
(1) Contingency operations;
(2) Humanitarian or peacekeeping operations; or
(3) Other military operations or military exercises, when designated by the combatant commander; or
(b) When supporting a diplomatic or consular mission--
(1) That has been designated by the Department of State as a danger pay post (see http://aoprals.state.gov/Web920/danger_pay_all.asp); or
(2) That the contracting officer determines is a post at which application of the clause FAR 52.225-19, Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission outside the United States, is appropriate.
25.302 Contractors performing private security functions outside the United States.
25.302-1 Scope.
This section prescribes policy for implementing section 862 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2008 (Pub. L. 110-181), as amended by section 853 of the NDAA for FY 2009 (Pub. L. 110-417), and sections 831 and 832 of the NDAA for FY 2011 (Pub. L. 111-383) (see 10 U.S.C. 2302 Note).
25.302-2 Definitions.
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As used in this section--
“Area of combat operations” means an area of operations designated as such by the Secretary of Defense when enhanced coordination of contractors performing private security functions working for Government agencies is required.
“Other significant military operations” means activities, other than combat operations, as part of a contingency operation outside the United States that is carried out by United States Armed Forces in an uncontrolled or unpredictable high-threat environment where personnel performing security functions may be called upon to use deadly force (see 25.302-3(a)(2)).
“Private security functions means” activities engaged in by a contractor, as follows--
(1) Guarding of personnel, facilities, designated sites, or property of a Federal agency, the contractor or subcontractor, or a third party; or
(2) Any other activity for which personnel are required to carry weapons in the performance of their duties in accordance with the terms of the contract.
25.302-3 Applicability.
(a) This section applies to contracts that require performance outside the United States–
(1) In an area of combat operations as designated by the Secretary of Defense; or
(2) In an area of other significant military operations as designated by the Secretary of Defense, and only upon agreement of the Secretary of Defense and the Secretary of State.
(b) These designations can be found at http://www.acq.osd.mil/dpap/pacc/cc/designated_areas_of_other_significant_military_operations.html andhttp://www.acq.osd.mil/dpap/pacc/cc/designated_areas_of_combat_operations.html.
(c) When the applicability requirements of this subsection are met, contractors and subcontractors must comply with 32 CFR part 159, whether the contract is for the performance of private security functions as a primary deliverable or the provision of private security functions is ancillary to the stated deliverables.
(d) The requirements of section 25.302 shall not apply to--
(1) Contracts entered into by elements of the intelligence community in support of intelligence activities; or
(2) Temporary arrangements entered into on a non-DoD contract for the performance of private security functions by individual indigenous personnel not affiliated with a local or expatriate security company. These temporary arrangements must still comply with local law.
25.302-4 Policy.
(a) General.
(1) The policy, responsibilities, procedures, accountability, training, equipping, and conduct of personnel performing private security functions in designated areas are addressed at 32 CFR part 159, entitled “Private Security Contractors Operating in Contingency Operations” Contractor responsibilities include ensuring that employees are aware of, and comply with, relevant orders, directives, and instructions; keeping appropriate personnel records; accounting for weapons; registering and identifying armored vehicles, helicopters, and other military vehicles; and reporting specified incidents in which personnel performing private security functions under a contract are involved.
(2) In addition, contractors are required to fully cooperate with any Government-authorized investigation into incidents reported pursuant to paragraph (c)(3) of the clause at 52.225-26, Contractors Performing Private Security Functions Outside the United States, by providing access to employees performing private security functions and relevant information in the possession of the contractor regarding the incident concerned.
(b) Implementing guidance. In accordance with 32 CFR part 159--
(1) Geographic combatant commanders will provide DoD contractors performing private security functions with guidance and procedures for the operational environment in their area of responsibility; and
(2) In a designated area of combat operations, or areas of other significant military operations, as designated by the Secretary of Defense and only upon agreement of the Secretary of Defense and the Secretary of State, the relevant Chief of Mission will provide implementing instructions for non-DoD contractors performing private security functions and their personnel consistent with the standards set forth by the geographic combatant commander. In accordance with 32 CFR 159.4(c), the Chief of Mission has the option of instructing non-DoD contractors performing private security functions and their personnel to follow the guidance and procedures of the geographic combatant commander and/or a sub-unified commander or joint force commander where specifically authorized by the combatant commander to do so and notice of that authorization is provided to non-DoD agencies.
25.302-5 Remedies.
(a) In addition to other remedies available to the Government--
(1) The contracting officer may direct the contractor, at its own expense, to remove and replace any contractor or subcontractor personnel performing private security functions who fail to comply with or violate applicable requirements. Such action may be taken at the Government's discretion without prejudice to its rights under any other contract provision, e.g., termination for default;
(2) The contracting officer shall include the contractor’s failure to comply with the requirements of this section in appropriate databases of past performance and consider any such failure in any responsibility determination or evaluation of past performance; and
(3) In the case of award-fee contracts, the contracting officer shall consider a contractor’s failure to comply with the requirements of this subsection in the evaluation of the contractor’s performance during the relevant evaluation period, and may treat such failure as a basis for reducing or denying award fees for such period or for recovering all or part of award fees previously paid for such period.
(b) If the performance failures are severe, prolonged, or repeated, the contracting officer shall refer the matter to the appropriate suspending and debarring official. Smooze 1 0 15 – change the way you scroll.
25.302-6 Contract clause.
(a) Use the clause at 52.225-26, Contractors Performing Private Security Functions Outside the United States, in solicitations and contracts for performance outside the United States in an area of–
(1) Combat operations, as designated by the Secretary of Defense; or
(2) Other significant military operations, as designated by the Secretary of Defense and only upon agreement of the Secretary of Defense and the Secretary of State.
(b) The clause is not required to be used for--
(1) Contracts entered into by elements of the intelligence community in support of intelligence activities; or
(2) Temporary arrangements entered into by non-DoD contractors for the performance of private security functions by individual indigenous personnel not affiliated with a local or expatriate security company.
Section 301 of the U.S. Trade Act of 1974 (last edition March 23, 2018[1]), (Pub.L.93–618, 19U.S.C.§ 2411) authorizes the President to take all appropriate action, including tariff-based and non-tariff-based retaliation, to obtain the removal of any act, policy, or practice of a foreign government that violates an international trade agreement or is unjustified, unreasonable, or discriminatory, and that burdens or restricts U.S. commerce. Section 301 cases can be self-initiated by the United States Trade Representative (USTR) or as the result of a petition filed by a firm or industry group. If USTR initiates a Section 301 investigation, it must seek to negotiate a settlement with the foreign country in the form of compensation or elimination of the trade barrier. For cases involving trade agreements, the USTR is required to request formal dispute proceedings as provided by the trade agreements.[2] The law does not require that the U.S. government wait until it receives authorization from the World Trade Organization (WTO) to take enforcement actions, and the President is increasingly focused on enforcing intellectual property (IP) rights (under Agreements that may be outside of the WTO) under the 'Special' 301 amendments[3] but the U.S. has committed itself to pursuing the resolution of disputes under WTO agreements through the WTO dispute settlement mechanism, which has its own timetable.[4]
Initiated by USTR or petition[edit]
Section 301 cases can be self-initiated by the United States Trade Representative (USTR) or as the result of a petition filed by a firm or industry group.
As an amendment by section 1302 of the Omnibus Foreign Trade and Competitiveness Act, Super 301 required the USTR for 1989 and 1990 to issue a report on its trade priorities and to identify priority foreign countries that practiced unfair trade and priority practices that had the greatest effect on restricting U.S. exports. The USTR then would initiate a Section 301 investigation against the priority countries to obtain elimination of the practices that impeded U.S. exports, in the expectation that doing so would substantially expand U.S. exports.
If USTR initiates a Section 301 investigation, it must seek to negotiate a settlement with a foreign country in the form of compensation or elimination of the trade barrier. For cases involving trade agreements, the USTR is required to request formal dispute proceedings as provided by the trade agreements.[2]
Consequences[edit]
If the USTR includes a country on a Special 301 Report watchlist because it has violated a trade agreement, the U.S. government may initiate dispute settlement proceedings at the World Trade Organization (WTO) or any other trade agreement establishing dispute settlement provisions, such as a free trade agreement, such as the North American Free Trade Agreement (NAFTA). The U.S. government can also impose unilateraltrade sanctions, such as the Generalized System of Preferences (GSP).[5][6]
Unilateral trade sanctions under section 301 were imposed on December 20, 2001, on Ukraine, which was not yet a WTO member, by imposing a prohibitive tariff on metals, footwear, and other imports because the USTR concluded that the country had failed to enact legislation to enforce copyright in relation to music CDs and their export.[5][6]
Unilateral trade sanctions under section 301 were imposed on China by President Trump in March 2018, setting off the 2018 China–United States trade dispute.
Super 301 Timeline[edit]
The original Super 301 provisions expired in 1991.[7]
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However, President Clinton issued an executive order EO 12901 reactivating Super 301 for two years (1994 and 1995)[8]
The Super 301 process was again extended through 1997 by EO 12973 (September 1995), but was not in operation in 1998.[9]
On March 31, 1999, Super 301 again was re-instated for three years and revised by EO 13116.[10] It required the USTR by April 30 to issue its Super 301 report on priority foreign trade practices and to initiate section 301 cases against such practices if agreement is not reached after 90 days. Neither the USTR's April 1999 or April 2000 Super 301 report identified any priority foreign trade practices under Super 301, but USTR did announce that it would initiate Section 301 cases against trade practices in several countries.[11]
In its April 2001 Super 301 report,[12][13] USTR did not make any designations under Super 301, but did announce that consultations (the first stage in WTO dispute settlement) had been requested with Mexico on measures affecting live swine imports, with Belgium on rice import restrictions, and with the European Union on import surcharges on corn gluten feed.
Us 301 Maryland
In a January 2002 letter report to the Senate Finance Committee on activities under Section 301, the USTR did not identify any priority foreign trade practices under Super 301, although it did report on other activities undertaken under Section 301-310 of the Trade Act of 1974.[citation needed]
Challenged[edit]
In the 1990s, Sections 301-310 of the Trade Act were challenged by a number of Members of the World Trade Organization as contrary to the WTO Agreement, but the challenge was rejected.[14] In their report[15] the WTO has ruled (paras. 7.38-7.39[16]) that taking any such actions against other WTO member countries without first securing approval under the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes[17] is, itself, a violation of the WTO Agreement.[3]
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External links[edit]
A list of international investigations initiated by USTR or by US corporations or trade associations between 1974 and 1998, using the GATT and WTO Agreements, is available from the USTR site.[18]
The U.S. Trade Representative annually performs a Special 301 Report, to encourage and maintain intellectual property rights (IPR) in many nations. These countries are identified from a wide range of concerns, such as troubling 'indigenous innovation' policies that may unfairly disadvantage U.S. rights holders in China, the continuing challenges of copyright piracy over the Internet in countries such as Canada, Italy, and Russia, and other ongoing, systemic IPR enforcement issues presented in many trading partners around the world.[19]
References[edit]
United 301 Route
- ^'TRADE ACT OF 1974 [Public Law 93–618, as amended] [As Amended Through P.L. 115–141, Enacted March 23, 2018] TITLE III—RELIEF FROM UNFAIR TRADE PRACTICES, SEC. 301. ACTIONS BY UNITED STATES TRADE REPRESENTATIVE'(PDF). Office of the Legislative Counsel of the U.S. House of Representatives. March 23, 2018. Retrieved July 15, 2018.
- ^ ab'Agriculture: A Glossary of Terms, Programs, and Laws, 2005 Edition'(PDF). CRS Report for Congress. June 16, 2005. Archived from the original(PDF) on September 23, 2013. Retrieved October 19, 2013.
- ^ abDunn, Alan; Bill Fennell (April 23, 2004). 'Brief Comparison of Section 301 and Special 301 Trade Laws'(PDF). Stewart and Stewart. Retrieved October 19, 2013.
- ^'The process — Stages in a typical WTO dispute settlement case'. Dispute Settlement System Training Module. World Trade Organization. Retrieved October 19, 2013.
- ^ abMasterson (2004), p. 20
- ^ abMasterson (2004), p. 21
- ^'Super 301'. Glossary of Customs Terms. ASYCUDA, United Nations Conference Trade and Development. Retrieved August 8, 2018.
- ^'Identification of Trade Expansion Priorities'. Federal Register. Government Publishing Office. March 8, 1994. Retrieved August 8, 2018.
- ^'Executive Order 12973--Amendment to Executive Order No. 12901'. Office of the Press Secretary. Government Publishing Office. September 27, 1995. Retrieved August 8, 2018.
- ^'64 FR 16333 - Identification of Trade Expansion Priorities and Discriminatory Procurement Practices'. U.S. Government Publishing Office. Retrieved August 7, 2018.
- ^Office of the U.S. Trade Representative (April 30, 1999). 'USTR Sets Priorities for Global Trade Expansion and Enforcement'. Tech Law Journal. Retrieved October 19, 2013.
- ^'USTR Releases Reports Emphasizing Enforcement Priorities: Executive Summary'. Office of the United States Trade Representative. April 30, 2001. Retrieved October 19, 2013.
- ^'Identification of Trade Expansion Priorities Pursuant to Executive Order 13116'(PDF). April 30, 2001. Retrieved October 19, 2013.
- ^'Conclusions'. United States - Sections 301-310 of the Trade Act of 1974. Foreign Trade Information System. Retrieved October 19, 2013.
- ^'Report of the Panel'. United States - Sections 301-310 of the Trade Act of 1974. Foreign Trade Information System. Retrieved October 19, 2013.
- ^'Report of the Panel (continued)'. United States - Sections 301-310 of the Trade Act of 1974. Foreign Trade Information System. Retrieved October 19, 2013.
- ^'Understanding on rules and procedures governing the settlement of disputes'. DISPUTE SETTLEMENT: LEGAL TEXT. World Trade Organization. Retrieved July 24, 2018.
- ^'Trade Agreements'(PDF). Office of the United States Trade Representative. Retrieved October 19, 2013.
- ^'2012 Special 301 Report'. Office of the United States Trade Representative. Retrieved October 19, 2013.
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- This article incorporates public domain material from the Congressional Research Service document: Jasper Womach. 'Report for Congress: Agriculture: A Glossary of Terms, Programs, and Laws, 2005 Edition'(PDF).
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