United States Code (Last Updated: May 24, 2014) |
Title 19. CUSTOMS DUTIES |
Chapter 26. DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE |
SubChapter I. APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT |
§ 4012. Relationship of the Agreement to United States and State law
-
(a) Relationship of Agreement to United States law (1) United States law to prevail in conflict No provision of the Agreement, nor the application of any such provision to any person or circumstance, which is inconsistent with any law of the United States shall have effect.
(2) Construction Nothing in this chapter shall be construed— (A) to amend or modify any law of the United States, or (B) to limit any authority conferred under any law of the United States, unless specifically provided for in this chapter. (b) Relationship of Agreement to State law (1) Legal challenge No State law, or the application thereof, may be declared invalid as to any person or circumstance on the ground that the provision or application is inconsistent with the Agreement, except in an action brought by the United States for the purpose of declaring such law or application invalid.
(2) Definition of State law For purposes of this subsection, the term “State law” includes— (A) any law of a political subdivision of a State; and (B) any State law regulating or taxing the business of insurance. (c) Effect of Agreement with respect to private remedies No person other than the United States— (1) shall have any cause of action or defense under the Agreement or by virtue of congressional approval thereof; or (2) may challenge, in any action brought under any provision of law, any action or inaction by any department, agency, or other instrumentality of the United States, any State, or any political subdivision of a State, on the ground that such action or inaction is inconsistent with the Agreement.
Prospective Amendment
For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below.
References In Text
This chapter, referred to in subsec. (a)(2), was in the original “this Act”, meaning Pub. L. 109–53,
Miscellaneous
Section effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (