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DetDeterminationClinton · D Quiet signal

Presidential Determination

Determination Under Section 402(d)(1) of the Trade Act of 1974, as AmendedContinuation of Waiver Authority

President Clinton determined that extending the waiver authority under Section 402 of the Trade Act of 1974, and specifically continuing the waiver applicable to the People's Republic of China, would substantially promote the objectives of that section. This determination allows the President to maintain normal trade relations (then called Most Favored Nation status) with China without annual congressional review. The Secretary of State was directed to publish the determination in the Federal Register.

Federal Register Open PDF 63 FR 32705

Impact dates

  1. Federal Register publication

Key directives

  • Determine that extension of Section 402 waiver authority substantially promotes objectives of the Act
  • Determine that continuation of waiver for People's Republic of China substantially promotes objectives of the Act
  • Direct Secretary of State to publish determination in Federal Register

Who is ordered

Timeline

Immediate

  • Determination takes effect upon signing (June 3, 1998)
  • Waiver authority for China continues

Near term (90d)

  • Federal Register publication (completed June 16, 1998)

Long term

  • Continued normal trade relations with China without annual Jackson-Vanik waiver process until next required determination

Risks & tensions

  • Annual China trade waiver was perennially contentious in Congress; this continuation avoided disruption but drew criticism from human rights advocates
  • Document does not specify duration of extension—typically one year under statute but not stated explicitly
Presidential Determination: Determination Under Section 402(d)(1) of the Trade Act of 1974, as AmendedContinuation of Waiver Authority · Executive Orders