Trade Agreement Act Software
The TAA, 19 U.S.C§ 2501 et seq., limits the government`s purchase of goods (and services) to finished goods “made in the United States” or “designated countries.” `designated countries` means countries that have signed the World Trade Organization Agreement on Government Procurement, countries with which the United States has free trade agreements (e.g. NAFTA.B) providing for reciprocal and non-discriminatory treatment for government procurement purposes, and certain developing countries and the Caribbean Basin. Countries such as China and India are not currently “designated countries”. The TAA applies to most acquisitions of supplies and services with an estimated value of more than $204,000,[ii] although some trade agreements have lower thresholds in dollars and there are some acquisitions excluded from the TAA. [iii] If a product is manufactured entirely in the United States or in a country designated by the TAA, you are compliant with the TAA. The country of origin of the software is determined in the country where the software was compiled. The reseller relies on the manufacturer to identify and monitor the country of origin. The returnee agreement should define this requirement. The Trade Agreements Act 1979 (TAA), Pub.L. 96-39, 93 Stat. 144, promulgated July 26, 1979, codified as 19 U.S.C ch. 13 (19 U.S.C§ 2501-2581), is an act of Congress that regulates trade agreements negotiated between the United States and other countries under the Trade Act of 1974. It provided modalities for the implementation of the Tokyo Round of the General Agreement on Tariffs and Trade.
However, the TAA does not limit foreign trade outside the scope of federal procurement. This means that you cannot freely sell TAA-compliant products in the commercial market. At present, Turkey is not on the list of countries allowed under the Trade Agreements Act (TAA). Although it is a member of the North Atlantic Treaty Organization (NATO), it is not currently part of the World Trade Organization (WTO) agreement. There are some countries in which the Department of Veteran Affairs (VA) will provide Waver for pharmaceutical purposes, but Turkey is not among the people listed. Over the years, CBP, which has the power to set country of origin rules for government procurement purposes, has made numerous decisions regarding computer equipment and the origin of goods containing a software download to make them operational. [iv] However, until recently, CBP had never made a decision solely on software that had to be purchased and downloaded in intangible form, without the simultaneous purchase of a CD or equipment. CBP has just made two decisions regarding intangible software, both of which focus on the location of the “software build.” Unfortunately, FAR 52.225-5 Mauritius is not listed as a non-TAA compliant region. In addition, the African Growth and Opportunity Act does not appear to be listed as an agreement that will bring Mauritius into compliance with the TAA. . . .