[Federal Register Volume 62, Number 132 (Thursday, July 10, 1997)]
[Notices]
[Pages 37112-37114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18069]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Opportunity to Apply for Nominations to the World Trade
Organization Dispute Settlement Roster of Panel Candidates
AGENCY: Office of the United States Trade Representative.
ACTION: Notice of opportunity to apply for nomination by the United
States to the indicative list of non-governmental
[[Page 37113]]
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
between the governments which are 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. The DSU also provides
for the WTO Secretariat to maintain an indicative roster of well-
qualified governmental and non-governmental individuals, to assist in
the selection of panelists for dispute settlement proceedings.
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 August 10, 1997 to
be considered for nomination to the roster in 1997.
FOR FURTHER INFORMATION CONTACT: For information concerning the form of
the application, contact Ileana Falticeni, Litigation Assistant, USTR
Office of Monitoring and Enforcement, (202) 395-3582. For information
concerning WTO procedures or the duties involved, contact Amelia
Porges, Senior Counsel for Dispute Settlement, (202) 395-7305 or
Rebecca Reese, Director for Government Procurement (202) 395-3063. For
information relating to the GATS, contact William Kane, Associate
General Counsel, (202) 395-6800 or Peter Collins, Deputy Assistant USTR
for Services and Investment, (202) 395-7271. Further information on the
WTO and dispute settlement is available on the Internet at http://
www.ustr.gov/reports/tpa/1997/contents.html; the text of the DSU is
available on the Internet at http://www.wto.org/wto/dispute/dsu.htm.
SUPPLEMENTARY INFORMATION: Pursuant to Article 8 of the DSU, the WTO
Secretariat is to maintain an indicative list of well-qualified
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. The
current roster list dates principally from 1995 (with the addition of a
few persons nominated later and approved by the DSB). The list is
available on the Internet at http://www.ustr.gov/reports/tpa/1997/part
4__2__7.html. The roster list is updated each two years.
USTR currently seeks applications related to the list of non-
governmental individuals. Persons selected by USTR will be nominated
for inclusion on the WTO indicative 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. DSU
Article 8.2 provides that citizens of WTO Members whose governments are
parties or interested third parties to a dispute may not serve on the
panel in that dispute unless the parties agree otherwise. For example,
panels for disputes in which the United States is a party or interested
third party cannot include any U.S. citizens unless the parties to the
dispute agreed otherwise.
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 (including audio-visual 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, and (11) transport services.
Panels for GATS disputes are to be composed of well-qualified
governmental or 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. The GATS Annex on
Financial Services further provides that panels for disputes on
prudential issues and other financial matters must have the necessary
expertise relevant to the specific financial service under dispute.
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 the
WTO Rules of Conduct (available at http://www.ustr.gov/reports/tpa/
1997/part4__2__8.html or http://www.wto.org/wto/dispute/rc.htm)
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 WTO
roster.
Applications must be typewritten and submitted along with two
copies to Ileana Falticeni, Room 501, Office of the U.S. Trade
Representative, 600 17th Street, N.W., Washington, D.C. 20508. However,
only one copy need be provided of speeches and publications submitted
under item 9 below. 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.
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3. Citizenship(s).
4. Foreign language fluency, spoken and written.
5. Current employment, including title, description of
responsibilities, and name and address of employer.
6. Relevant education and professional training, including
particular service-sector expertise, if any.
7. Post-education employment history, including the dates and
address of each prior position and a summary of responsibilities.
8. Relevant professional affiliations and certifications.
9. List of publications and speeches; teaching experience in the
area of trade; also, one copy of any speeches and publications relevant
to the subject matter of the WTO agreements or service sector.
10. 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.
11. The names and nationalities of all foreign principals for whom
the 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; also, the names and nationalities of
all foreign entities for which the applicant (or the applicant's
employer on behalf of the applicant) is currently or has previously
been registered under the Lobbying Disclosure Act of 1995 (P.L. 104-
65), and the dates of all registration periods.
12. 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.
13. 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.
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. Copies of
publications and speeches submitted under item 9 above will be returned
to the applicant upon request. Information submitted may be subject to
public disclosure. Any business confidential information that should
not be disclosed to the public should be clearly indicated as such on
each page of the submission, pursuant to 15 CFR section 2003.6.
U.S. citizens who are current members of the WTO roster and are
interested in continuing to serve on the roster should reapply in
response to this notice. Current members who are no longer interested
in serving on panels need not notify USTR as they will be automatically
removed from the list. Individuals who have previously applied but have
not been selected for nomination may reapply.
USTR will contact applicants that qualify for further consideration
as nominees regarding any additional information that may be required.
This notice contains a collection of information provision subject
to the Paperwork Reduction Act (PRA) which has been approved by 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 to voluntarily apply for nomination to
the WTO roster. It is expected that the collection of information
burden will be under 3 hours. This is a one-time-only collection of
information, and contains no annual reporting and recordkeeping burden.
This collection of information was approved by OMB under OMB Control
Number 0350-0006. Send comments regarding the collection of information
burden or any other aspect of the information collection to USTR at the
address above.
The following statements are made in accordance with the Privacy
Act of 1974, as amended (5 U.S.C. 552a). The authority for requesting
information to be furnished is section 123(b) of the Uruguay Round
Agreements Act and 15 CFR section 2003. Provision of the information
requested above is voluntary; however, failure to provide the
information will preclude your consideration as a candidate for the WTO
roster. The information provided is needed, and will be used by USTR
and other Federal government trade policy officials concerned with WTO
dispute settlement, to select well-qualified U.S. roster candidates,
and to complete standard curriculum vitae forms required by the WTO for
each roster candidate. The information may be disclosed to members of
the TPSC Subcommittee on WTO Disputes, for the purpose of evaluation of
applications. Information nominees will be furnished to the WTO
pursuant to requirements under the DSU.
A. Jane Bradley,
Assistant U.S. Trade Representative for Monitoring and Enforcement.
[FR Doc. 97-18069 Filed 7-9-97; 8:45 am]
BILLING CODE 3190-01-M