[Federal Register Volume 61, Number 118 (Tuesday, June 18, 1996)]
[Notices]
[Pages 30927-30929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15435]



=======================================================================
-----------------------------------------------------------------------

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Trade Policy Staff Committee; Public Comments on the Caribbean 
Basin Economic Recovery Act: Report to Congress

AGENCY: Office of the United States Trade Representative.

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: Section 212(f) of the Caribbean Basin Economic Recovery 
Expansion Act of 1990 (19 U.S.C. 2702(f)) (``the Act'') requires the 
Administration to submit a report to the Congress on or before October 
1, 1996 regarding the operation of the program. All interested parties 
are invited to submit comments relevant to the issues to be examined in 
preparing such a report, including the considerations included in 
subsections 212 (b) and (c) of the Act (19 U.S.C. 2702 (b) and (c)).

DATES: Public comments are due by noon on Monday, July 15, 1996.

ADDRESSES: Office of the United States Trade Representative, 600 17th 
Street, N.W., Room 523, Washington, DC 20508.

FOR FURTHER INFORMATION CONTACT:
Dale Eppler, Director for Central American and Caribbean Affairs, (202-
395-5190).

SUPPLEMENTARY INFORMATION: Section 212(f) (19 U.S.C. 2702(f)) of the 
Caribbean Basin Economic Recovery Act states: ``On or before October 1, 
1993, and the close of each 3-year period thereafter, the President 
shall submit to the Congress a complete report

[[Page 30928]]

regarding the operation of this title, including the results of a 
general review of beneficiary countries based on the consideration 
described in subsections (b) and (c).''
    The Chairman of the Trade Policy Staff Committee invites written 
comments from the public relevant to the program's operation, including 
the status of beneficiary countries under the criteria set out below. 
Interested parties may comment on any aspect of the program's 
operation. Issues to be examined include: The program's effect on the 
volume and composition of trade and investment between the United 
States and the region; its effect on economic growth and development of 
beneficiary countries; the effect on U.S. firms and consumers; the 
degree to which the Act has encouraged the trade and investment 
policies cited in the Act; and the administrative requirements for 
beneficiary exporters and U.S. importers.
    Interested parties are also asked to comment on the following Act 
designation criteria as contained in Sections 212(b) and (c) of the 
Act:
    (b) * * * In addition, the President shall not designate any 
country a beneficiary country under this title--
    (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 
dispute;
    (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.
    (c) In determining whether to designate any country a beneficiary 
country under this title, the President 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;
    (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 promote 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.
    Persons submitting written comments should provide a statement, in 
twenty copies, by noon, Monday, July 15, 1996, to Carolyn Frank, 
Executive Secretary, TPSC, Office of the U.S. Trade Representative, 
Room 501, 600 17th street, N.W., Washington, D.C. 20508. Non-
confidential information received will be available for public 
inspection by appointment, in the USTR Reading

[[Page 30929]]

Room, room 101, Monday through Friday, 10:00 a.m. to 12:00 noon and 
1:00 p.m. to 4:00 p.m. For an appointment call Brenda Webb on 202-395-
6186. Business confidential information will be subject to the 
requirements of 15 CFR 2003.6. Any business confidential material must 
be clearly marked as such on the cover letter or page and each 
succeeding page, and must be accompanied by a non-confidential summary 
thereof.
Frederick L. Montgomery,
Chairman, Trade Policy Staff Committee.
[FR Doc. 96-15435 Filed 6-17-96; 8:45 am]
BILLING CODE 3190-01-M