[Federal Register Volume 62, Number 227 (Tuesday, November 25, 1997)] [Notices] [Pages 62797-62798] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-30954] ======================================================================= ----------------------------------------------------------------------- OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Request of the Government of Anguilla To Be Designated a Beneficiary of the Caribbean Basin Economic Recovery Act; Request for Public Comment AGENCY: Office of the United States Trade Representative. ACTION: Notice; request for public comment. ----------------------------------------------------------------------- SUMMARY: Anguilla has requested designation as a beneficiary country under the Caribbean Basin Economic Recovery Act. Interested parties are invited to submit comments relevant to the criteria to be examined in determining Anguilla's eligibility for such designation. DATES: Comments are due at USTR by January 2, 1998. ADDRESSES: Comments should be addressed to: Susan Cronin, Director for Caribbean and Central American Affairs, Office of the U.S. Trade Representative, 600 17th Street, N.W., Room 523, Washington, DC 20506. FOR FURTHER INFORMATION CONTACT: Susan Cronin, Director for Caribbean and Central American Affairs, Office of the United States Trade Representative, 600 17th Street, N.W., Room 523, Washington, DC 20506; (202) 395-5190. SUPPLEMENTARY INFORMATION: The Caribbean Basin Economic Recovery Act (the ``CBERA'') (Title II, Pub. L. 98-67, as amended (19 U.S.C. 2701 et seq.)) authorizes the President to proclaim duty-free treatment for eligible articles from designated beneficiary countries in the Caribbean Basin. Anguilla has requested designation as a beneficiary country under the CBERA. Section 212(b) of the CBERA provides that the President shall not designate any country a CEBRA beneficiary country-- (1) If such country is a Communist country; (2) If such country-- (A) has nationalized, expropriated or otherwise seized ownership or control of property owned by a United States citizen or by a corporation, partnership, or association which is 50 per centum or more beneficially owned by United States citizens, (B) has taken steps to repudiate or nullify-- (i) any existing contract or agreement with, or (ii) any patent, trademark, or other intellectual property of, a United States Citizen or a corporation, partnership, or association which is 50 per centum or more beneficially owned by United States citizens, the effect of which is to nationalize, expropriate, or otherwise seize ownership or control of property so owned, or (C) has imposed or enforced taxes or other exactions, restrictive maintenance or operational conditions, or other measures with respect to property so owned, the effect of which is to nationalize, expropriate, or otherwise seize ownership or control of such property, unless the President determines that-- (i) prompt, adequate, and effective compensation has been or is being made to such citizen, corporation, partnership, or association, (ii) good-faith negotiations to provide prompt, adequate, and effective compensation under the applicable provisions of international law are in progress, or such country is otherwise taking steps to discharge its obligations under international law with respect to such citizen, corporation, partnership, or association, or (iii) a dispute involving such citizen, corporation, partnership, or association, over compensation for such a seizure has been submitted to arbitration under the provisions of the Convention for the Settlement of Investment Disputes, or in another mutually agreed upon forum, and promptly furnishes a copy of such determination to the Senate and House of Representatives; (3) if such country fails to act in good faith in recognizing as binding or in enforcing arbitral awards in favor of United States citizens or a corporation, partnership or association which is 50 per centum or more beneficially owned by United States citizens, which have been made by arbitrators appointed for each case or by permanent arbitral bodies to which the parties involved have submitted their disputes; (4) if such country affords preferential treatment to the products of a developed country, other than the United States, which has, or is likely to have, a significant adverse effect on United States commerce, unless the President has received assurances satisfactory to him that such preferential treatment will be eliminated or that action will be taken to assure that there will be no such significant adverse effect, and he reports those assurances to the Congress; (5) if a government-owned entity in such country engages in the broadcast of copyrighted material, including films or television material, belonging to United States copyright owners without their express consent; (6) unless such country is a signatory to a treaty, convention, protocol, or other agreement regarding the extradition of United States citizens; and (7) if such country has not or is not taking steps to afford internationally recognized worker rights (as defined in section 502(a)(4) of the Trade Act of 1974) to workers in the country (including any designated zone in that country). Paragraphs (1), (2), (3), (5), and (7) shall not prevent the designation of any country as a beneficiary country under this Act if the President determines that such designation will be in the national economic or security interest of the United States and reports such determination to the Congress with his reasons therefor. Section 212(c) of the CBERA provides that the President, in determining whether to designate any country a CBERA beneficiary country, shall take into account-- (1) an expression by such country of its desire to be so designated; (2) the economic conditions in such country, the living standards of its inhabitants, and any other economic factors which he deems appropriate; [[Page 62798]] (3) the extent to which such country has assured the United States it will provide equitable and reasonable access to the markets and basic commodity resources of such country; (4) the degree to which such country follows the accepted rules of international trade provided for under the General Agreement on Tariffs and Trade, as well as applicable trade agreements approved under section 2(a) of the Trade Agreements Act of 1979; (5) the degree to which such country uses export subsidies or imposes export performance requirements or local content requirements which distort international trade; (6) the degree to which the trade policies of such country as they relate to other beneficiary countries are contributing to the revitalization of the region; (7) the degree to which such country is undertaking self-help measures to provide its own economic development; (8) whether or not such country has taken or is taking steps to afford to workers in that country (including any designated zone in that country) internationally recognized worker rights. (9) the extent to which such country provides under its law adequate and effective means for foreign nationals to secure, exercise, and enforce exclusive rights in intellectual property, including patent, trademark, and copyright rights; (10) the extent to which such country prohibits its nationals from engaging in the broadcast of copyrighted material, including films or television material, belonging to United States copyright owners without their express consent; and (11) the extent to which such country is prepared to cooperate with the United States in the administration of the provisions of this title. Interested parties are invited to submit comments on the application to Anguilla of some or all of these criteria for designation. Public Comments Interested parties must provide twelve copies of any comments, which must be in English and which must be received at USTR no later than 5 p.m., Friday, January 2, 1998. If the comments contain business confidential information, ten copies of a non-confidential version must also be submitted. A justification as to why the information contained in the comments should be treated confidentially must be included in the comments. In addition, comments containing confidential information should be clearly marked ``confidential'' at the top of each page. The version that does not contain confidential information should be clearly marked ``public version'' or ``non-confidential'' at the top of each page. Comments submitted in response to this notice, except for information granted ``business confidential'' status pursuant to 15 CFR 2007.7, will be available for public inspection shortly after the filing deadline, by appointment with the staff of the USTR Public Reading Room (202 395-6186). Frederick L. Montgomery, Chairman, Trade Policy Staff Committee. [FR Doc. 97-30954 Filed 11-24-97; 8:45 am] BILLING CODE 3190-01-M