Determinations Under Section 1106(a) of the Omnibus Trade and Competitiveness Act of 1988 Socialist Republic of Vietnam

President Bush determined that Vietnam's state trading enterprises significantly burden U.S. foreign trade, but concluded that Vietnam's pending WTO accession commitments—including commercial-consideration requirements and non-interference pledges—satisfy statutory conditions that would otherwise trigger nonapplication of WTO provisions. The U.S. Trade Representative was directed to publish the memorandum.

Federal Register Open PDF 71 FR 66223

Impact dates

Date TBD
USTR to publish memorandum in Federal Register

Key directives

Determine that Vietnam's state trading enterprises significantly burden U.S. trade
Determine that Vietnam's WTO accession commitments satisfy Section 1106(b)(2)(A)
Direct USTR to publish memorandum in Federal Register

Who is ordered

United States Trade Representative · USTR

Timeline

Immediate

Determinations under Section 1106(a) take effect
USTR directed to publish in Federal Register

Near term (90d)

Vietnam's WTO accession process continues with U.S. support

Long term

Ongoing monitoring of Vietnam's compliance with WTO state trading enterprise commitments
Potential trade dispute mechanisms if Vietnam violates commitments

Risks & tensions

Reliance on prospective WTO commitments rather than existing conditions creates enforcement risk if Vietnam backslides
Statutory cross-reference error: document cites 'section 1006(a)' but title and context indicate Section 1106(a)
Nonapplication provisions remain latent if Vietnam's implementation falls short