[Federal Register Volume 77, Number 122 (Monday, June 25, 2012)]
[Notices]
[Pages 37948-37951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15449]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Free Trade Agreements; Invitation for Applications for Inclusion
on Dispute Settlement Lists for U.S. Free Trade Agreements (FTAs) With
Australia, Colombia, Korea, Morocco, and Singapore
AGENCY: Office of the United States Trade Representative (``USTR'').
ACTION: Invitation for Applications.
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SUMMARY: A number of trade agreements to which the United States is a
Party call for the Parties to establish indicative rosters or reserve
or contingent lists of persons (``lists'') available to serve on
dispute settlement panels to hear disputes under those agreements.
These agreements include the United States-Australia Free Trade
Agreement (``USAFTA''), the United States-Colombia Trade Promotion
Agreement (``USCTPA''), the United States-Korea Free Trade Agreement
(``KORUS''), the United States-Morocco Free Trade Agreement
(``USMFTA''), and the United States-Singapore Free Trade Agreement
(``USSFTA''). USTR is inviting interested persons to apply to be on one
or more of these lists under the various agreements, as indicated
below.
DATES: Applications should be received no later than August 9, 2012 to
be assured of consideration.
ADDRESSES: Applications should be submitted electronically to
[[Page 37949]]
www.regulations.gov, docket number USTR-2012-0009. If you are unable to
submit an application using www.regulations.gov, please contact Sandy
McKinzy at (202) 395-9483 to arrange for an alternative method of
transmission.
FOR FURTHER INFORMATION CONTACT: For information regarding the form of
the application, contact Sandy McKinzy, Legal Technician, USTR Office
of Monitoring and Enforcement, at (202) 395-3582. For other inquiries,
contact Catherine Field, Chief Counsel, at (202) 395-3432 (for the
USAFTA), Mar[iacute]a Pag[aacute]n, Associate General Counsel, at (202)
395-3150 (for the USCTPA), Cletus Willems, Assistant General Counsel,
at (202) 395-3150 (for the KORUS), Courtney Smothers, Associate General
Counsel, at (202) 395-3581 (for the USMFTA), and Willis Martyn,
Associate General Counsel, at (202) 395-3582 (for the USSFTA).
SUPPLEMENTARY INFORMATION: USTR is seeking applications from interested
persons to serve on any of the lists under any of the cited agreements.
The details for how to apply are provided below as is a short
description of the lists for each agreement. A person is permitted to
apply for a single list or any combination of lists. In response to
this notice, USTR will accept applications from U.S. citizens and
nationals of other countries.
Dispute Settlement Mechanism of the USAFTA
The USAFTA is a bilateral agreement in force between the United
States and Australia. Chapter 21 of the USAFTA sets out detailed
procedures for the resolution of disputes arising under the Agreement.
Dispute settlement involves three stages: (1) Consultations between the
Parties to try to arrive at a mutually satisfactory resolution of the
matter; (2) efforts by the Joint Committee, comprised of officials from
each Party and chaired by officials from USTR and Australia's Ministry
of Foreign Affairs and Trade, to resolve the matter; and, (3) resort to
a dispute settlement panel to make a determination regarding the matter
at issue between the Parties. The panel is composed of three
individuals chosen by the Parties or from the contingent list.
The USAFTA requires the Parties to establish a contingent list of
ten individuals who are willing and able to serve as panelists.
Individuals on the contingent list are appointed by agreement of the
Parties for a minimum term of three years, and remain on the list until
the Parties form a new contingent list. See USAFTA Article 21.7(4).
The USAFTA provides for each Party to select within a specified
time period one panelist in consultation with the other Party and then
for both to agree on a chair. The contingent list comes into play only
if this process fails. The Parties decided that in such a circumstance,
it would be best if the panelist were not a national of either Party.
Accordingly, applications are sought only from persons who are not a
national of either the United States or Australia.
The text of the USAFTA can be found on the USTR Web site
(www.ustr.gov/trade-agreements/free-trade-agreements).
Criteria for Eligibility for Inclusion on the Contingent List
To qualify for inclusion on the contingent list an applicant must:
(1) Be objective, reliable, and possess sound judgment; (2) have
expertise or experience in law, international trade, or the resolution
of disputes arising under international trade agreements; (3) be
independent of, and not be affiliated with or take instructions from
either Party; and (4) comply with a code of conduct.
Dispute Settlement Mechanism of the USCTPA
The CTPA is a bilateral agreement in force between the United
States and Colombia (the ``Parties''). The CTPA sets out detailed
procedures for the resolution of disputes arising under the Agreement.
Dispute settlement involves three stages: (1) Lower level consultations
between the Parties to try to arrive at a mutually satisfactory
resolution of the matter; (2) efforts by the Free Trade Commission,
consisting of the cabinet-level representatives of the consulting
Parties, to resolve the matter; and, (3) resort to a dispute settlement
panel to make a determination regarding the matter at issue between the
Parties. The panel is composed of three individuals chosen by the
Parties or drawn from the indicative roster.
The USCTPA requires the establishment of an indicative roster from
which panelists may be selected by lot if the Parties have otherwise
failed to appoint panelists. The indicative roster is to be composed of
eight individuals, two of whom are to be individuals who are not a
national of either Party. Once established, the roster remains in
effect for a minimum of three years. See CTPA Articles 21.7 and 21.9.
The text of the CTPA can be found through the Office of the U.S.
Trade Representative Web site (www.ustr.gov/trade-agreements/free-trade-agreements).
Criteria for Eligibility for Inclusion on the CTPA Indicative Roster
To qualify for inclusion on the indicative roster an applicant
must: (1) Have expertise or experience in law, international trade,
other matters covered by the Agreement, or the resolution of disputes
arising under international trade agreements; (2) be objective,
reliable, and possess sound judgment; (3) be independent of, and not be
affiliated with or take instructions from either Party; and (4) comply
with a code of conduct.
Dispute Settlement Mechanism of the KORUS
The KORUS is a bilateral agreement in force between the United
States and Korea. The KORUS sets out detailed procedures for the
resolution of disputes arising under the Agreement. Dispute settlement
involves three stages: (1) Consultations between the Parties to try to
arrive at a mutually satisfactory resolution of the matter; (2) efforts
by the Joint Committee, comprised of officials from each Party and
chaired by officials from USTR and Korea's Ministry of Foreign Affairs
and Trade, to resolve the matter; and, (3) resort to a dispute
settlement panel to make a determination regarding the matter at issue
between the Parties. The panel is composed of three individuals chosen
by the Parties.
The KORUS requires the establishment of a contingent list of
individuals who are willing and able to serve as panelists. The
contingent list shall include at least six nationals of each Party and
at least eight individuals who are not nationals of either Party. An
individual on the contingent list shall remain on the list for a
minimum of three years. See KORUS, Article 22.9.3.
The text of the KORUS can be found on the USTR Web site
(www.ustr.gov/trade-agreements/free-trade-agreements).
Criteria for Eligibility for Inclusion on the Contingent List
To qualify for inclusion on the contingent list an applicant must:
(1) Be objective, reliable, and possess sound judgment; (2) have
expertise or experience in law, international trade, or the resolution
of disputes arising under international trade agreements; (3) be
independent of, and not be affiliated with or take instructions from
either Party; and (4) comply with a code of conduct.
[[Page 37950]]
Dispute Settlement Under the USMFTA
The USMFTA is a bilateral agreement in force between the United
States and Morocco. The USMFTA sets out detailed procedures for the
resolution of disputes arising under the Agreement. Dispute settlement
involves three stages: (1) Consultations between the Parties to try to
arrive at a mutually satisfactory resolution of the matter; (2) efforts
by the Joint Committee, comprised of officials from each Party and
chaired by officials from USTR and the Ministry of Foreign Affairs and
Cooperation of the Kingdom of Morocco, to resolve the matter; and, (3)
resort to a dispute settlement panel to make a determination regarding
the matter at issue between the Parties. Unless the Parties agree
otherwise, the panel is composed of three individuals chosen by the
Parties or selected from the reserve list.
The USMFTA requires the establishment of a reserve list from which
panelists may be selected. The reserve list is to be composed of eight
individuals. Once established, the reserve list remains in effect for a
minimum of three years. See USMFTA Article 20.7.
Upon each request for establishment of a panel, potential panelists
may be requested to complete a disclosure form, which could be used to
identify possible conflicts of interest or appearances thereof. The
disclosure form may request information regarding financial interests
and affiliations, including information regarding the identity of
clients of the potential panelist and, if applicable, clients of the
potential panelist's firm.
The text of the USMFTA can be found through the Office of the U.S.
Trade Representative Web site (www.ustr.gov).
Criteria for Eligibility for Inclusion on the Reserve List
To qualify for inclusion on the reserve list an applicant must: (1)
Have expertise or experience in law, international trade, or the
resolution of disputes arising under international trade agreements;
(2) be objective, reliable, and possess sound judgment; (3) be
independent of, and not be affiliated with or take instructions from
either Party; and (4) comply with a code of conduct.
Dispute Settlement Under the USSFTA
The USSFTA is a bilateral agreement in force between the United
States and Singapore. Chapter 20 of the USSFTA sets out detailed
procedures for the resolution of disputes arising under the Agreement.
Dispute settlement involves three stages: (1) Consultations between the
Parties to try to arrive at a mutually satisfactory resolution of the
matter; (2) efforts by the Joint Committee, composed of officials from
each Party and chaired by officials from USTR and Singapore's Ministry
for Trade and Industry, to resolve the matter; and, (3) resort to a
dispute settlement panel to make a determination regarding the matter
at issue between the Parties. The panel is composed of three
individuals chosen by the Parties or from the contingent list.
This agreement provides for each Party to select within a specified
time period one panelist in consultation with the other Party and then
for both to agree on a chair. The contingent list comes into play only
if this process fails. The Parties decided that in such a circumstance,
it would be best if the panelist were not a national of either party.
Accordingly, applications are sought only from persons who are not a
national of either the United States or Singapore.
The USSFTA requires the Parties to establish a contingent list of
five individuals who are willing and able to serve as panelists.
Individuals on the contingent list are appointed by agreement of the
Parties for a minimum term of three years, and remain on the list until
the Parties form a new contingent list. See USSFTA Article 20.4(4)(b).
The text of the USSFTA can be found on the USTR Web site
(www.ustr.gov/trade-agreements/free-trade-agreements).
Criteria for Eligibility for Inclusion on the Contingent List
To qualify for inclusion on the contingent list an applicant must:
(1) Have expertise or experience in law, international trade, or the
resolution of disputes arising under international trade agreements;
(2) be independent of, and not be affiliated with or take instructions
from either Party; and (4) comply with a code of conduct to be
established by the Joint Committee.
Procedures for Selection of Members of Lists
An interagency committee chaired by USTR prepares a preliminary
list of candidates eligible for inclusion on the various lists. After
consultation with the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate, USTR
selects the final list of individuals that the United States will
nominate for inclusion on each of the lists. The members of a list
under a particular FTA are appointed by agreement of the Parties to
that FTA.
Applications
Eligible individuals who wish to be considered for inclusion on one
or more of the lists are invited to submit applications.
Persons submitting applications should submit one copy
electronically to www.regulations.gov, docket number USTR-2012-0009. If
you are unable to submit an application using www.regulations.gov,
please contact Sandy McKinzy at (202) 395-9483 to arrange for an
alternative method of transmission.
Applications must be typewritten, and should be headed
``Application for Inclusion on a List.'' Applicants must specify for
which of the FTA's they wish to be considered. Applicants may specify
more than one FTA. Applications should include the following
information, and each section of the application should be numbered as
indicated:
1. Name of the applicant.
2. Business address, telephone number, fax number, and email
address.
3. Citizenship(s).
4. Current employment, including title, description of
responsibility, and name and address of employer.
5. Relevant education and professional training.
6. Fluency in any relevant language other than English, written and
spoken.
7. Post-education employment history, including the dates and
addresses of each prior position and a summary of responsibilities.
8. Relevant professional affiliations and certifications,
including, if any, current bar memberships in good standing.
9. A list and copies of publications, testimony, and speeches, if
any, concerning the relevant area of expertise. Judges or former judges
should list relevant judicial decisions. Only one copy of publications,
testimony, speeches, and decisions need be submitted.
10. A list of international trade proceedings or domestic
proceedings relating to international trade matters or other relevant
matters in which the applicant has provided advice to a party or
otherwise participated.
11. Summary of any current and past employment by, or consulting or
other work for, the Government of the United States and the
Government(s) of the other Party(ies) to each agreement for which the
applicant is applying (i.e., Australia, Korea, Morocco, or Singapore).
12. The names and nationalities of all foreign principals for whom
the
[[Page 37951]]
applicant is currently or has previously been registered pursuant to
the Foreign Agents Registration Act, 22 U.S.C. 611 et seq., and the
dates of all registration periods.
13. A short statement of qualifications and availability for
service on dispute settlement panels under the relevant agreement,
including information relevant to the applicant's familiarity with
international trade law and relevant area(s) for the list(s) for which
the applicant seeks to be considered, and willingness and ability to
make time commitments necessary for service on panels.
14. On a separate page, the names, addresses, telephone and fax
numbers of three individuals willing to provide information concerning
the applicant's qualifications for service, including the applicant's
character, reputation, reliability, judgment, and familiarity with the
relevant area of expertise.
Public Disclosure
Applications normally will not be subject to public disclosure and
will not be posted publicly on www.regulations.gov. Applications may be
shared with other agencies, the Committee on Ways and Means of the
House of Representatives, the Committee on Finance of the Senate, and
the Government(s) of the other Party(ies) for their consideration in
determining whether to appoint persons to the relevant lists.
False Statements
False statements by an applicant regarding his or her personal or
professional qualifications, or financial or other relevant interests
that bear on the applicant's suitability for placement on a list or
appointment to a panel are subject to criminal sanctions under 18
U.S.C. 1001.
Paperwork Reduction Act
This notice contains a collection of information provision subject
to the Paperwork Reduction Act (``PRA'') that has been approved by the
Office of Management and Budget (``OMB''). Notwithstanding any other
provision of law, no person is required to respond to nor shall a
person be subject to a penalty for failure to comply with a collection
of information subject to the requirements of the PRA unless that
collection of information displays a currently valid OMB number. This
notice's collection of information burden is only for those persons who
wish voluntarily to apply for inclusion on a list. It is expected that
the collection of information burden will be less than three hours.
This collection of information contains no annual reporting or record
keeping burden. This collection of information was approved by OMB
under OMB Control Number 0350-0014. Please send comments regarding the
collection of information burden or any other aspect of the information
collection to USTR at www.regulations.gov.
Privacy Act
The following statements are made in accordance with the Privacy
Act of 1974, as amended (5 U.S.C. 552a). Provision of the information
requested above is voluntary; however, failure to provide the
information will preclude consideration as a candidate for inclusion on
a list. This information is maintained in a system of records entitled
``Dispute Settlement Panelists Roster.'' Notice regarding this system
of records was published in the Federal Register on November 30, 2001.
The information provided is needed, and will be used by USTR, other
federal government trade policy officials concerned with dispute
settlement under the relevant agreement, and officials of the other
Party(ies) to select well-qualified individuals for inclusion on the
lists and for service on dispute settlement panels.
Daniel E. Brinza,
Senior Counsel for Dispute Settlement.
[FR Doc. 2012-15449 Filed 6-22-12; 8:45 am]
BILLING CODE 3190-W2-P