Eligibility requirements

(a) In general The President shall authorize the provision of preferential treatment under section 4 to articles that are imported directly from a Pacific Islands country into the customs territory of the United States if the President determines that the country— (1) meets the requirements set forth in paragraphs (1), (2), and (3) of section 104 of the African Growth and Opportunity Act (19 U.S.C. 3703); (2) does not meet any of the bases for ineligibility under section 502(b)(2) of the Trade Act of 1974 (19 U.S.C. 2462(b)(2)) and does not meet any of the additional bases for ineligibility under subsection (c); and (3) after taking into account the factors set forth in paragraphs (1) through (7) of subsection (c) of section 502 of the Trade Act of 1974 (19 U.S.C. 2462) and the additional factors set forth in subsection (d), the country meets the eligibility requirements of such section 502. Any income threshold requirements applicable for purposes of determining whether a country is eligible to be designated as a beneficiary developing country or least-developed beneficiary developing country under title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.) shall not apply with respect to determining whether a Pacific Islands country is eligible for preferential treatment under section 4. (b) Withdrawal, suspension, or limitation of preferential treatment; mandatory graduation The provisions of subsection (d) of section 502 of the Trade Act of 1974 (19 U.S.C. 2462) shall apply with respect to Pacific Island countries to the same extent and in the same manner as such provisions apply with respect to beneficiary developing countries under title V of that Act (19 U.S.C. 2461 et seq.). (c) Additional bases for ineligibility The President may not authorize the provision of preferential treatment under section 4 to articles that are imported directly from a Pacific Islands country into the customs territory of the United States if any of the following applies: (1) Such country fails to effectively afford internationally recognized worker rights to workers in the country (including any designated zone in that country). (2) Such country engages in gross violations of internationally recognized human rights in that country (including any designated zone in that country). (3) Such country fails to effectively enforce its environmental laws, regulations, or other measures, or to fulfill its international environmental obligations, including as such obligations relate to public health and illegal, unreported, and unregulated fishing. (d) Additional factors affecting country designation In determining whether to authorize the provision of preferential treatment under section 4 to articles that are imported directly from a Pacific Islands country into the customs territory of the United States, the President shall take into account— (1) whether or not such country effectively affords to workers in that country (including any designated zone in that country) internationally recognized worker rights; (2) the extent to which such country effectively enforces its environmental laws, regulations, and other measures, and fulfills its international environmental obligations, including as such obligations relates to public health and illegal, unreported, and unregulated fishing; and (3) the extent to which such country has established, or is making continual progress toward establishing— (A) the rule of law, political pluralism, and the right to due process, a fair trial, and equal protection under the law; (B) economic policies to reduce poverty increase the availability of health care and educational opportunities, expand physical infrastructure, promote the development of private enterprise, and encourage the formation of capital markets through micro-credit or other programs; and (C) a system to combat corruption and bribery, such as signing and implementing the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions.