The second of these statutes is the TAA. The TAA should encourage foreign countries to enter into reciprocal trade agreements on public procurement. These agreements prohibit foreign products from discriminating against U.S.-made products and prohibit the United States from discriminating against foreign products. Under the statute, countries that have such agreements and do not discriminate against U.S. educational products may, on non-discriminatory terms, be competing with the U.S. government. At the same time, products from countries that do not have such trade agreements are excluded from public procurement. Countries that have concluded such agreements are designated as parties to the World Trade Organization (WTO) agreement. … The TAA generally prohibits the purchase of “foreign or instrumental products” that are not parties to the WTO agreement or that are “designated” by the President for the purposes of the TAA. 19 U.S.C No. 2512 (a) (1).
The TAA test defines “a product of a country” such as: The Trade Agreements Act of 1979 (TAA), Pub.L. 96-39, 93 Stat. 144, adopted on July 26, 1979, codified on July 19. C ch. 13 (19 U.S.C No. 2501-2581), is a law of Congress that governs trade agreements between the United States and other countries under the Trade Act of 1974. It outlined the modalities for the implementation of the Tokyo round of the General Agreement on Tariffs and Trade. The Trade Agreements Act (19 U.S.C. – 2501-2581) of 1979 was passed to promote fair and open international trade, but more importantly, it implemented the requirement that the U.S.
government only buy finished manufactured products or certain finished products. This means, in particular, that, under a MAS program, GSA can only purchase products that are compliant in the United States and/or compliant with the TAA. This requirement has always baffled many MAS contract holders as to their actual meaning. Failure to comply with the TAA may result in legal action under the U.S. government`s False Claims Act, which can bring significant damages to companies that allegedly defrauded government authorities. For GJ 2017, there were a total of 799 cases of ACF, resulting in a recovery of $3.7 billion. With respect to the merits of the protest and the Analysis of the Federal Court of Justice, the Confederation initially rejected the government`s argument that CBP`s country of origin provision was binding on the VA. The Court found that it is the purchasing entity, not the CBP, that “is responsible for qualifying a product proposed as a finished product from the United States.” CBP`s contrary findings are not entitled not to be honoured.
An article is only a product of a country or a force of action if it is entirely growth, the product or manufacture of that country or energy, or (ii) in the case of an article composed, in whole or in part, of materials from another country or other instrumentality, essentially transformed into a new or other commercial article bearing a name, character or difference in use of that of the article or objects from which it has been processed. Our team helps contractors evaluate or implement TAA compliance programs, including measures to ensure that non-compliant TAA products are removed from PRODUKTliste lists of FSS contracts. We can also help correct AAA violations. It is remarkable that the People`s Republic of China is absent. A full list of designated countries is available in FAR 25.003.  The list below was published in the Federal Acquisition Regulation (FAR) and was updated in November 2016 with the inclusion of Moldova and Ukraine and will be updated from June 2020.