[Federal Register Volume 60, Number 39 (Tuesday, February 28, 1995)]
[Notices]
[Pages 10881-10882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4897]



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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Notice of Opportunity To Apply For Nomination to the World Trade 
Organization Dispute Settlement Rosters of Panel Candidates

AGENCY: Office of the United States Trade Representative.

ACTION: Notice of opportunity to apply for nomination by the United 
States to indicative lists of non-governmental panelist candidates 
provided for in Article 8 of the Understanding on Rules and Procedures 
Governing the Settlement of Disputes (DSU) and in the Decision on 
Certain Dispute Settlement Procedures for the General Agreement on 
Trade in Services (GATS) of the World Trade Organization (WTO).

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SUMMARY: The DSU provides a mechanism for the settlement of disputes 
among members of the WTO. A three-person panel conducts each dispute 
settlement proceeding and issues a report for consideration by the 
Dispute Settlement Body (DSB) in which representatives of all WTO 
members participate.
    Section 123(b) of the Uruguay Round Agreements Act (URAA), Public 
Law 103-405, provides that the Trade Representative shall seek to 
ensure that persons appointed to the WTO roster are well-qualified and 
that the roster includes persons with expertise in all of the subject 
matters covered by the Uruguay Round Agreements. USTR invites citizens 
of the United States with appropriate qualifications to apply for 
consideration as a nominee to the roster.

DATES: Eligible citizens are encouraged to apply by April 10, 1995 to 
be considered for nomination to the roster in 1995.

FOR FURTHER INFORMATION CONTACT:
For information concerning the form of the application, contact Sybia 
Harrison, Legal Assistant, Office of the General Counsel, (202) 395-
3432. For information concerning WTO procedures or the duties involved, 
contact Catherine Field, Associate General Counsel, (202) 395-3432, or 
Mark Linscott, Office of GATT/WTO Affairs, (202) 395-3063. For 
information relating to the GATS, contact Vanessa Sciarra, Assistant 
General Counsel, (202) 395-7305 or Richard Self, Deputy Assistant USTR 
for Services, (202) 395-4510.

SUPPLEMENTARY INFORMATION: Pursuant to Article 8 of the DSU, the WTO 
Secretariat is to maintain an indicative list of well-qualifed 
governmental and non-governmental individuals, including persons who 
have served on or presented a case to a panel, taught or published on 
international trade law or policy, or served as a senior trade policy 
official of a WTO member country. The indicative list will be used to 
assist in the selection of panelists for dispute settlement 
proceedings. Panel members are to be selected with a view to ensuring a 
sufficiently diverse background and a wide spectrum of experience. 
[[Page 10882]] 
    USTR currently seeks nominations related to the list of non-
governmental individuals. The existing roster of non-governmental 
individuals needs to be expanded to encompass new subject areas covered 
by the WTO, such as intellectual property and services, and to prepare 
for a potential increase in the number of dispute settlement panels 
established under the DSU. Members of the WTO may periodically nominate 
persons to be included on the roster, subject to DSB approval. 
Inclusion of a name on the roster, however, does not necessarily mean 
that the individual will be selected for service on a panel. U.S. 
citizens, for example, are not permitted to serve on panels in which 
the United States is a party unless the other party to the dispute 
agrees.
    The Decision on Certain Dispute Settlement Procedures for the GATS 
requires that panels for GATS disputes include specific expertise on 
individual sectors. GATS disputes could involve the following eleven 
sectors: (1) Professional and related technical services, including, 
for example, legal, accounting, auditing and bookkeeping, taxation, 
medical, dental and veterinary services, engineering, architectural, 
urban planning services, computer and related services, research and 
development services, real estate services, rental and leasing 
services, advertising and management services; (2) communication 
services; (3) construction and related engineering services; (4) 
distribution services; (5) educational services; (6) environmental 
services; (7) financial services, including insurance and insurance-
related services, banking and securities services; (8) health-related 
and social services; (9) tourism and travel-related services; (10) 
recreational, cultural and sporting services (other than audiovisual 
services); and (11) transport services.
    Panels for GATS disputes are to be composed of well-qualified 
governmental and non-governmental individuals who have experience in 
issues related to GATS and/or trade in services, including associated 
regulatory matters. Dispute settlement panels concerning sectoral 
matters under the GATS must have expertise relevant to the specific 
service sector to which the dispute relates.
    WTO dispute settlement panels consist of three persons, unless the 
parties agree to have five panelists, whose function is to make an 
objective assessment of the matter under dispute, including an 
objective assessment of the facts of the case, the applicability of the 
relevant WTO agreements and the conformity of the measure under 
consideration with the obligations of those agreements. In addition, 
panels are to make such other findings as will assist the DSB in making 
the recommendations provided for in the WTO agreements.
    Panelists must act in strict conformity with the provisions of the 
WTO agreements, including application of the appropriate standard of 
review. Panels are responsible for providing a report to the DSB, 
including recommendations if necessary, on the conformity of the matter 
under dispute with WTO obligations. Panelists must also comply with 
rules relating to conflicts of interest and conduct as a panelist.

Procedures for Application

    Non-governmental U.S. citizens (i.e., individuals not currently 
employed full-time by the U.S. Federal government or a state or local 
government) possessing expertise in international trade, services, 
intellectual property rights or other matters covered by the WTO 
agreements are invited to file an application for nomination to the 
roster.
    Applications must be typewritten and submitted along with five 
copies to Sybia Harrison, Room 223, Office of the U.S. Trade 
Representative, 600 17th Street, NW., Washington, DC 20506. Applicants 
are to provide the following information to the extent applicable:
    1. Name of the applicant
    2. Business address, telephone number and, if available, fax number
    3. Citizenship(s)
    4. Current employment, including title, description of 
responsibilities, and name and address of employer
    5. Relevant education and professional training, including 
particular service-sector expertise, if any
    6. Post-education employment history, including the dates and 
address of each prior position and a summary of responsibilities
    7. Relevant professional affiliations and certifications
    8. List of publications and speeches, including a copy of speeches 
and publications relevant to the subject matter of the WTO agreements 
or service sector
    9. List of international trade proceedings or domestic proceedings 
relating to international trade (WTO) matters in which the person has 
provided advice or otherwise participated, including judicial or 
administrative proceedings over which that person has presided
    10. A short statement of qualifications, including information 
relevant to the applicant's familiarity with international trade, 
services or other issues covered by the WTO agreements, and 
availability for service
    11. Names, addresses, telephone and, if available, fax numbers of 
three individuals authorized to provide information to USTR concerning 
the applicant's qualifications for service, including the applicant's 
familiarity with international trade laws and other areas of expertise, 
character, reliability and judgment.
    Information provided by applicants will be used by USTR for the 
purpose of selecting candidates for nomination to the WTO roster. 
Further information concerning potential conflicts may be requested 
from individuals and the possibility of significant conflicts will be 
taken into consideration in evaluating applicants.
    USTR will contact applicants that qualify for further consideration 
as nominees regarding any additional information that may be required.
Frederick L. Montgomery,
Chairman, Trade Policy Staff Committee.
[FR Doc. 95-4897 Filed 2-27-95; 8:45 am]
BILLING CODE 3190-01-M