[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]


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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.

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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