{"identifier":"/us/usc/t19/s2518","title":19,"num":"\u00a7\u202f2518.","heading":"Definitions","text":"\u00a7\u202f2518.\nDefinitions\nAs used in this subchapter\u2014\n(1)\nAgreement\nThe term \u201cAgreement\u201d means the Agreement on Government Procurement referred to in\nsection 3511(d)(17) of this title\n(2)\nCivil aircraft\nThe term \u201ccivil aircraft and related articles\u201d means\u2014\n(A) all aircraft other than aircraft to be purchased for use by the Department of Defense or the United States Coast Guard;\n(B) the engines (and parts and components for incorporation therein) of such aircraft;\n(C) any other parts, components, and subassemblies for incorporation in such aircraft; and\n(D) any ground flight simulators, and parts and components thereof, for use with respect to such aircraft,\nwhether to be purchased for use as original or replacement equipment in the manufacture, repair, maintenance, rebuilding, modification, or conversion of such aircraft, and without regard to whether such aircraft or articles receive duty-free treatment pursuant to section 601(a)(2).\n(3)\nDeveloped countries\nThe term \u201cdeveloped countries\u201d means countries so designated by the President.\n(4)\nEligible product\n(A)\nIn general\nThe term \u201celigible product\u201d means, with respect to any foreign country or instrumentality that is\u2014\n(i) a party to the Agreement, a product or service of that country or instrumentality which is covered under the Agreement for procurement by the United States;\n(ii) Mexico, as a party to the USMCA (as defined in\nsection 4502 of this title\n(iii) a party to a free trade agreement that entered into force with respect to the United States after\nDecember 31, 2003\nJanuary 2, 2005\n(iv) a party to the Dominican Republic-Central America-United States Free Trade Agreement, a product or service of that country or instrumentality which is covered under that Agreement for procurement by the United States;\n(v) a party to a free trade agreement that entered into force with respect to the United States after\nDecember 31, 2005\nJuly 2, 2006\n(vi) a party to the United States-Oman Free Trade Agreement, a product or service of that country or instrumentality which is covered under that Agreement for procurement by the United States;\n(vii) a party to the United States-Peru Trade Promotion Agreement, a product or service of that country or instrumentality which is covered under that agreement for procurement by the United States;\n(viii) a party to the United States\u2013Korea Free Trade Agreement, a product or service of that country or instrumentality which is covered under that agreement for procurement by the United States;\n(ix) a party to the United States\u2013Colombia Trade Promotion Agreement, a product or service of that country or instrumentality which is covered under that agreement for procurement by the United States; or\n(x) a party to the United States\u2013Panama Trade Promotion Agreement, a product or service of that country or instrumentality which is covered under that agreement for procurement by the United States.\n(B)\nRule of origin\nAn article is a product of a country or instrumentality only if (i) it is wholly the growth, product, or manufacture of that country or instrumentality, or (ii) in the case of an article which consists in whole or in part of materials from another country or instrumentality, it has been substantially transformed into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was so transformed.\n(C)\nLowered threshold for certain products as a consequence of United States-Israel free trade area provisions\nThe term \u201celigible product\u201d includes a product or service of Israel for which the United States is obligated to waive Buy National restrictions under\u2014\n(i) the Agreement on the Establishment of a Free Trade Area between the Government of the United States of America and the Government of Israel, regardless of the thresholds provided for in the Agreement (as defined in paragraph (1)), or\n(ii) any subsequent agreement between the United States and Israel which lowers on a reciprocal basis the applicable threshold for entities covered by the Agreement.\n(D)\nLowered threshold for certain products as a consequence of United States-Canada Free-Trade Agreement\nExcept as otherwise agreed by the United States and Canada under paragraph 3 of article 1304 of the United States-Canada Free-Trade Agreement, the term \u201celigible product\u201d includes a product or service of Canada having a contract value of $25,000 or more that would be covered for procurement by the United States under the Agreement (as defined in paragraph (1)), but for the thresholds provided for in the Agreement.\n(5)\nInstrumentality\nThe term \u201cinstrumentality\u201d shall not be construed to include an agency or division of the government of a country, but may be construed to include such arrangements as the European Economic Community.\n(6)\nLeast developed country\nThe term \u201cleast developed country\u201d means any country on the United Nations General Assembly list of least developed countries.\n(7)\nMajor industrial country\nThe term \u201cmajor industrial country\u201d means any such country as defined in\nsection 2136 of this title","url":"https://projectusc.org/usc/t19/s2518.html","content":[{"t":"sec","id":"/us/usc/t19/s2518","children":[{"t":"num","text":"\u00a7\u202f2518."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"As used in this subchapter\u2014"},{"t":"para","id":"/us/usc/t19/s2518/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Agreement"},{"t":"content","children":[{"t":"p","text":"The term \u201cAgreement\u201d means the Agreement on Government Procurement referred to in ","children":[{"t":"ref","text":"section 3511(d)(17) of this title","href":"/us/usc/t19/s3511/d/17","tail":", as submitted to the Congress, but including rectifications, modifications, and amendments which are accepted by the United States."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s2518/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Civil aircraft"},{"t":"chapeau","text":"The term \u201ccivil aircraft and related articles\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t19/s2518/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" all aircraft other than aircraft to be purchased for use by the Department of Defense or the United States Coast Guard;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t19/s2518/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the engines (and parts and components for incorporation therein) of such aircraft;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t19/s2518/2/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" any other parts, components, and subassemblies for incorporation in such aircraft; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t19/s2518/2/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" any ground flight simulators, and parts and components thereof, for use with respect to such aircraft,","tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"whether to be purchased for use as original or replacement equipment in the manufacture, repair, maintenance, rebuilding, modification, or conversion of such aircraft, and without regard to whether such aircraft or articles receive duty-free treatment pursuant to section 601(a)(2).","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s2518/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Developed countries"},{"t":"content","children":[{"t":"p","text":"The term \u201cdeveloped countries\u201d means countries so designated by the President.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s2518/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Eligible product"},{"t":"subpara","id":"/us/usc/t19/s2518/4/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"The term \u201celigible product\u201d means, with respect to any foreign country or instrumentality that is\u2014"},{"t":"clause","id":"/us/usc/t19/s2518/4/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" a party to the Agreement, a product or service of that country or instrumentality which is covered under the Agreement for procurement by the United States;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t19/s2518/4/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" Mexico, as a party to the USMCA (as defined in ","children":[{"t":"ref","text":"section 4502 of this title","href":"/us/usc/t19/s4502","tail":"), a product or service of that country or instrumentality which is covered under the USMCA for procurement by the United States;"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t19/s2518/4/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" a party to a free trade agreement that entered into force with respect to the United States after ","children":[{"t":"text","text":"December 31, 2003","tail":", and before "},{"t":"text","text":"January 2, 2005","tail":", a product or service of that country or instrumentality which is covered under the free trade agreement for procurement by the United States;"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t19/s2518/4/A/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" a party to the Dominican Republic-Central America-United States Free Trade Agreement, a product or service of that country or instrumentality which is covered under that Agreement for procurement by the United States;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t19/s2518/4/A/v","children":[{"t":"num","text":"(v)"},{"t":"content","text":" a party to a free trade agreement that entered into force with respect to the United States after ","children":[{"t":"text","text":"December 31, 2005","tail":", and before "},{"t":"text","text":"July 2, 2006","tail":", a product or service of that country or instrumentality which is covered under the free trade agreement for procurement by the United States;"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t19/s2518/4/A/vi","children":[{"t":"num","text":"(vi)"},{"t":"content","text":" a party to the United States-Oman Free Trade Agreement, a product or service of that country or instrumentality which is covered under that Agreement for procurement by the United States;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t19/s2518/4/A/vii","children":[{"t":"num","text":"(vii)"},{"t":"content","text":" a party to the United States-Peru Trade Promotion Agreement, a product or service of that country or instrumentality which is covered under that agreement for procurement by the United States;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t19/s2518/4/A/viii","children":[{"t":"num","text":"(viii)"},{"t":"content","text":" a party to the United States\u2013Korea Free Trade Agreement, a product or service of that country or instrumentality which is covered under that agreement for procurement by the United States;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t19/s2518/4/A/ix","children":[{"t":"num","text":"(ix)"},{"t":"content","text":" a party to the United States\u2013Colombia Trade Promotion Agreement, a product or service of that country or instrumentality which is covered under that agreement for procurement by the United States; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t19/s2518/4/A/x","children":[{"t":"num","text":"(x)"},{"t":"content","text":" a party to the United States\u2013Panama Trade Promotion Agreement, a product or service of that country or instrumentality which is covered under that agreement for procurement by the United States.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t19/s2518/4/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Rule of origin"},{"t":"content","children":[{"t":"p","text":"An article is a product of a country or instrumentality only if (i) it is wholly the growth, product, or manufacture of that country or instrumentality, or (ii) in the case of an article which consists in whole or in part of materials from another country or instrumentality, it has been substantially transformed into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was so transformed.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t19/s2518/4/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Lowered threshold for certain products as a consequence of United States-Israel free trade area provisions"},{"t":"chapeau","text":"The term \u201celigible product\u201d includes a product or service of Israel for which the United States is obligated to waive Buy National restrictions under\u2014"},{"t":"clause","id":"/us/usc/t19/s2518/4/C/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the Agreement on the Establishment of a Free Trade Area between the Government of the United States of America and the Government of Israel, regardless of the thresholds provided for in the Agreement (as defined in paragraph (1)), or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t19/s2518/4/C/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" any subsequent agreement between the United States and Israel which lowers on a reciprocal basis the applicable threshold for entities covered by the Agreement.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t19/s2518/4/D","children":[{"t":"num","text":"(D)"},{"t":"heading","text":"Lowered threshold for certain products as a consequence of United States-Canada Free-Trade Agreement"},{"t":"content","children":[{"t":"p","text":"Except as otherwise agreed by the United States and Canada under paragraph 3 of article 1304 of the United States-Canada Free-Trade Agreement, the term \u201celigible product\u201d includes a product or service of Canada having a contract value of $25,000 or more that would be covered for procurement by the United States under the Agreement (as defined in paragraph (1)), but for the thresholds provided for in the Agreement.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s2518/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Instrumentality"},{"t":"content","children":[{"t":"p","text":"The term \u201cinstrumentality\u201d shall not be construed to include an agency or division of the government of a country, but may be construed to include such arrangements as the European Economic Community.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s2518/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Least developed country"},{"t":"content","children":[{"t":"p","text":"The term \u201cleast developed country\u201d means any country on the United Nations General Assembly list of least developed countries.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s2518/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Major industrial country"},{"t":"content","children":[{"t":"p","text":"The term \u201cmajor industrial country\u201d means any such country as defined in ","children":[{"t":"ref","text":"section 2136 of this title","href":"/us/usc/t19/s2136","tail":" and any instrumentality of such a country."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}