[Federal Register Volume 63, Number 160 (Wednesday, August 19, 1998)]
[Notices]
[Pages 44500-44502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22279]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Solicitation of Public Comment Regarding U.S. Preparations for 
the World Trade Organization's Ministerial Meeting, Fourth Quarter 1999

SUMMARY: The Trade Policy Staff Committee (TPSC) is providing notice of 
the U.S. intention to develop proposals and positions concerning the 
agenda of the third Ministerial Conference of the World Trade 
Organization (WTO). The TWO General Council has been instructed to 
prepare recommendations regarding the launch of further trade 
negotiations and work in the WTO, which will be considered and approved 
by WTO Members meeting at their next Ministerial to be held in the 
United States during the fourth quarter of 1999. The TPSC invites 
public comment regarding the development of the agenda, scope, content 
and timetables for negotiations or further work in the WTO, including 
additional consultations with non-governmental stakeholders. The 
Administration seeks views on the broadcast possible range of issues 
for considerations, including possible subject matter and approaches to 
any new negotiations or future work in the WTO. The deadline for 
written comments is Friday, October 16, 1998.
    The General Council's instructions are contained in WTO Ministerial 
Declarations WT/MIN(98)/DEC/1 and DEC/2 agreed on May 20, 1998, at the 
WTO's second ministerial meeting. In September 1998, the General 
Council will begin holding special sessions to prepare recommendations. 
Recommendations will be developed on the basis of consensus of WTO 
Members. The General Council is expected to review issues, at least 
initially, in the order presented in WT/MIN(98)/DEC/1, as well as to 
review the results of work carried out in accordance with WT/MIN(98)/
DEC/2. This solicitation is intended to facilitate the Administration's 
participation in the General Council's consideration of issues, 
preparation of U.S. proposals and positions regarding eventual 
recommendations, and acceptance of such proposals by consensus of WTO 
Members.

FOR FURTHER INFORMATION CONTACT: For procedural questions concerning 
public comments contact Gloria Blue, Executive Secretary, Trade Policy 
Staff Committee, Office of the United States Trade Representative, 
(202) 395-3475. General inquiries should be made to the Office of WTO 
and Multilateral Affairs at (202) 395-6843; calls on individual 
subjects will be transferred within USTR as appropriate. Information 
about the WTO can be obtained via the Internet on www.ustr.gov, or the 
WTO website (www.wto.org). Attention is drawn, in particular, to the 
Ministerial Declarations (WT/Min(98)/DEC/1 and DEC/2 of May 20, 1998 
regarding preparation of the WTO's forward agenda and electronic 
commerce) and the Ministerial Declaration resulting from the WTO's 
first ministerial meeting held in Singapore in December, 1996 (WT/
Min(96)/DEC), which are available on the USTR and WTO websites. In 
addition, a detailed review of the WTO Agreements, the work of the 
various WTO committees and bodies and the WTO ``built-in agenda'' are 
contained in

[[Page 44501]]

the ``1998 Trade Policy Agenda and 1997 Annual Report of the President 
on the Trade Agreements Program,'' also available on the USTR website. 
On May 26, 1998, the TPSC published a notice in the Federal Register 
requesting public comments with respect to the review of the WTO's 
Dispute Settlement Understanding (DSU).

SUPPLEMENTARY INFORMATION: On May 18-20, the World Trade Organization 
(WTO) held its second ministerial conference in Geneva, Switzerland, 
along with a commemoration of the 50th anniversary of the post-World 
War II multilateral trading system. President Clinton and 13 other 
heads of state or government addressed the gathering, and WTO Members 
accepted the U.S. invitation to host the third ministerial conference 
in late 1999. The general Ministerial Declaration, agreed on May 20, 
1998, instructs the WTO's General Council to begin preparation for the 
launch of negotiations and consideration of the WTO's forward agenda 
for approval at its 1999 ministerial meeting. A second Declaration, 
also agreed on May 20, 1998, commits Members to not impose customs 
duties on electronic transmissions and calls for the establishment by 
the General Council of a work program in the WTO on the trade-related 
aspects of electronic commerce.
    These processes will start officially at a special meeting of the 
General Council on September 24, 1998. By prior agreement, the post-
1999 negotiating agenda will, at a minimum, encompass those broad-
ranging and substantial area where existing WTO Agreements now call for 
further negotiations an deliberlization, such as in agriculture, 
services and intellectual property. However, without prejudice to the 
initiation of negotiations on the above topics already called for the 
WTO's ``build-in agenda,'' the preparatory process will also examine 
whether other topics may be ripe for negotiations or further study. 
This is consistent with U.S. calls for flexibility and creativity in 
structuring the WTO's future work.\1\ Consideration will be given to 
various options for structuring the negotiations and work program, 
including timetables for any negotiations, as well as more effective 
means of engaging the wide range of non-governmental stakeholders in 
the preparation of the agenda and subsequent negotiations.

    \1\ On the future agenda, pursuant to the Declaration, the 
Council is to make* * * ``(a) recommendations concerning: (i) the 
issues, including those brought forward by Members, relating to 
implementation of existing agreements and decisions; (ii) the 
negotiations already mandated at Marrakesh, to ensure that such 
negotiations begin on schedule; (iii) future work already provided 
for under other existing agreements and decisions taken at 
Marrakesh; (b) recommendations concerning other possible future work 
on the basis of the work programme initiated at Singapore; (c) 
recommendations on the follow-up to the High-Level Meeting on Least-
Developed Countries; (d) recommendations arising from consideration 
of other matters proposed and agreed to by Members concerning their 
multilateral trade relations* * *.''
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PUBLIC COMMENTS REQUESTED: To prepare for U.S. participation in the 
General Council meetings, the TPSC invites written comments on U.S. 
objectives with respect to the various categories of issues identified 
in the two Declarations mentioned above, including the agenda, scope, 
content and timetables for work and negotiations. Comments submitted 
should clearly indicate the category or categories of issues outlined 
in the submission. USTR will seek additional public comment later in 
the year on details of certain agenda items (e.g., market access and 
agriculture, involving product-specific concerns). For purposes of this 
notice, comments should address the following issue areas:

I. Implementation of Existing Agreements and Work Programs

    Comments are requested with respect to experience in 
implementation, including where the Agreements have been successful in 
addressing U.S. interests, and in areas where changes would facilitate 
better enforcement and adherence to rules and commitments, or otherwise 
advance U.S. policy objectives. Particular attention is drawn to the 
various rule encompassed in the GATT 1994 (all GATT Articles), the 
Marrakesh Protocol to the General Agreement, the Agreements on 
Agriculture, Sanitary and Phytosanitary Measures, Textiles and 
Clothing, Technical Barriers to Trade, Trade-Related Investment 
Measures (TRIMS), Antidumping Practices, Customs Valuation, Preshipment 
Inspection, Import Licensing, Subsidies and Countervailing Measures, 
Agreement on Safeguards, General Agreement on Trade in Services, Trade-
Related Aspects of Intellectual Property Rights (TRIPS), the 
Understanding on the Rules and Procedures Governing the Settlement of 
Disputes, Trade Policy Review Mechanism and Ministerial Decisions and 
Declarations, including those undertaken at Marrakesh.

II. Mandated Negotiations

    Comments are requested regarding U.S. priorities for the Agreements 
concluded as part of the Uruguay Round that contain express agreement 
to conduct further negotiations. The Agreement on Agriculture contains 
provisions for further negotiations and identifies issues for 
consideration, including market access, domestic support and export 
subsidies. The General Agreement on Trade in Services provides for 
further negotiations on specific commitments to liberalize trade in 
services. The Agreement on Trade-Related Intellectual Property Rights 
(TRIPS) provides for negotiations in certain areas. For all of these 
mandated negotiations, particular attention should be given to the 
range of additional issues not mentioned in the Agreements that should 
be considered, and the modalities for conducting further negotiations.

III. Reviews of Existing Agreements and Work Programs

    Comments are requested regarding U.S. priorities pursuant to the 
Agreements from the Uruguay Round that specifically provide for reviews 
and other work as part of their individual work programs: Agriculture, 
Antidumping, Customs Valuation, Dispute Settlement Understanding, 
Import Licensing, Preshipment Inspection, Rules of Origin, Trade and 
the Environment, Sanitary and Phytosanitary Measures, Safeguards, 
Subsidies and Countervailing Measures, Technical Barriers to Trade, 
Textiles and Clothing, Trade Policy Review Mechanism, Trade-Related 
Aspects of Intellectual Property Rights (TRIPS), Trade-Related 
Investment Measures (TRIMS), and the General Agreement on Trade in 
Services. The Dispute Settlement Understanding (DSU) and the Agreement 
on Subsidies and Countervailing Measures, for example, contain review 
provisions as a first step in taking further decisions with respect to 
the Agreements. Particular attention should be given to the 
improvements, if any, that might be sought as a result of the reviews 
or conclusions of the work programs.

IV. Singapore Ministerial Work Program

    Comments are requested on what, if any, next steps should be taken 
with respect to the issues raised in the context of the work of the 
working groups established on trade and investment, trade and 
competition policy, transparency in government procurement and the 
exploratory work undertaken by the WTO regarding trade facilitation. 
Particularly relevant are next steps in the above-mentioned areas, 
including the nature and scope of any

[[Page 44502]]

future work. In the case of procurement, these has already been 
agreement to identify the elements for a multilateral transparency 
agreement. With respect to the work on investment and competition, 
attention is drawn to the fact the both working groups are to complete 
reports to the General Council before the end of 1998.

V. Integration of Least-Developed Countries

    Comments are requested on ways to facilitate the participation of 
least developed countries in the WTO, taking into account work that has 
been conducted to integrate the technical assistance provided by 
various international organizations, including the WTO. Areas for 
comment could include provision of additional capacity building and 
market access opportunities, and the possible graduation of countries 
from preferences.

VI. Other Trade Matters of Interest

    Consistent with the Ministerial Declaration, comments are also 
solicited with respect to the range of issues where the United States 
might choose to seek, or be asked to join a consensus, to add 
additional items to the WTO's post-1999 agenda for negotiations or 
further work. The Administration is interested in considering the 
broadest range of issues as the agenda for the next century is 
developed. The issues identified thus far include:
    (a) Industrial market access: comments are requested with respect 
to the overall desirability of conducting further tariff negotiations 
and possible modalities for such negotiations (e.g., pursuit of 
additional sectoral initiatives to reduce or harmonize duties, the 
application of formula or request/offer approaches and related issues). 
It should be noted that further negotiations on market access are 
already envisioned for products covered by the Agricultural Agreement.
    (b) Consultations with Non-Governmental Stakeholders: comments are 
requested as to possible approaches that the WTO could undertake. In 
his speech to the WTO, President Clinton challenged the WTO to consider 
improving the opportunities for the public to participate in the 
development of the WTO's forward agenda, and to develop a more regular 
mechanism for consultation. The WTO has begun to take steps to broaden 
the interaction with non-governmental organizations in this regard, 
including the dissemination of information received from such 
organizations to the WTO's membership. Similarly, a number of steps 
have been taken by the United States to promote greater transparency in 
the operation of the WTO that would be of benefit to stakeholders 
(e.g., with respect to making WTO documents more available to the 
public).
    (c) Relationship Between Trade and Labor: comments are requested 
regarding various approaches to be considered in developing a consensus 
for further consideration of this issue on the WTO's forward agenda. 
WTO Ministers at Singapore renewed their commitment to the observance 
of internationally recognized core labor standards, noting that 
economic growth and development fostered by increased trade and further 
trade liberalization contribute to the promotion of core labor 
standards. At the same time, they recognized the important role of the 
International Labor Organization (ILO) in this area and rejected the 
use of labor standards for protectionist purposes, and agreed that the 
comparative advantages of countries, particularly low-wage developing 
countries, must not be put into question. Attention is drawn to Section 
131 of the Uruguay Round Agreements Act, addressing U.S. activity in 
the WTO in this area.
    (d) Institutional Issues: comments are invited on the general 
institutional improvements that the United States should be 
contemplating for the WTO, particularly as its membership expands to 
nearly 160 early in the next century. Achieving greater transparency in 
the WTO's operation has already been identified as a priority issue for 
the Administration. The United States has consistently sought to expand 
the range of WTO documents available to the public, and is continuing 
to promote broader derestriction of documents in a more timely fashion, 
including in the area of access to dispute settlement panel reports. 
Similarly, as the membership expands to include Members with less 
experience operating as market economies, new challenges arise to the 
WTO's system of operations and its decision-making process. As a result 
of the Uruguay Round, the WTO entered into cooperation agreements with 
the International Monetary Fund (IMF) and the World Bank to ensure 
greater coherence in international economic policy; further cooperation 
may be desirable.

VII. Electronic Commerce

    Consistent with the Declaration issued at the May 1998 WTO 
Ministerial Conference, comments are also solicited with respect to the 
commitment by WTO Members not to impose customs duties on electronic 
commerce and agreement to establish a work program for further 
consideration of the relationship between trade and electronic 
commerce. The initial work program will be put in place by the General 
Council's special session in September 1998. The United States has 
proposed that the work program require the Councils on Goods, Services, 
and the Trade-Related Aspects of Intellectual Property and the 
Committee on Trade and Development, and request the Committee on 
Government Procurement, to undertake work on electronic commerce. (The 
U.S. proposal is available in the ``What's New'' section of USTR's 
website, ``www.ustr.gov.'')
    Submission of Written Comments: Those persons wishing to submit 
written comments should provide twenty (20) copies (in English) no 
later than October 16, 1998, to Gloria Blue, Executive Secretary, Trade 
Policy Staff Committee, Office of the United States Trade 
Representative, Room 501, 600 17th Street Northwest, Washington, DC., 
20508. Comments should state clearly the position taken and should 
describe the specific information supporting that information.
    It the submission contains business confidential information, 
twenty copies of a confidential version, and twenty copies of a public 
version that does not contain confidential information, must be 
submitted. A justification as to why the information contained in the 
submission should be treated confidentially must be included in the 
submission. In addition, any submissions containing business 
confidential information must be clearly marked ``Confidential'' at the 
top and bottom of the cover page (or letter) and each succeeding page 
of the submission. The version that does not contain confidential 
information should also be clearly marked, at the top and bottom of 
each page, ``public version'' or ``non-confidential.''
    Written comments submitted in connection with this request, except 
for information granted ``business confidential'' status pursuant to 15 
CFR 2003.6, will be available for public inspection in the USTR Reading 
Room, Room 101, Office of the United States Trade Representative, 600 
17th Street, NW., Washington, DC. An appointment to review the file may 
be made by calling Brenda Webb at (202) 395-6186. The Reading Room is 
open to the public from 9:30 a.m. to 12 noon, and from 1 p.m. to 4 p.m. 
Monday through Friday.
Frederick L. Montgomery,
Chairman, Trade Policy Staff Committee.
[FR Doc. 98-22279 Filed 8-18-98; 8:45 am]
BILLING CODE 3190-01-M