[Federal Register Volume 67, Number 18 (Monday, January 28, 2002)]
[Notices]
[Pages 3929-3930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2032]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


North American Free Trade Agreement; Invitation for Applications 
for Inclusion on the Chapter Twenty Roster

AGENCY: Office of the United States Trade Representative (USTR).

ACTION: Invitation for Applications.

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SUMMARY: Chapter Twenty of the North American Free Trade Agreement 
(NAFTA) establishes a mechanism for the settlement of disputes between 
the NAFTA Parties. A five-member panel conducts each dispute settlement 
proceeding. Article 2009 provides for the establishment of a roster of 
persons to serve on Chapter Twenty dispute settlement panels. USTR 
invites qualified persons to apply for consideration as a nominee to 
the roster of panelists.

DATES: Applications should be received no later than February 27, 2002.

ADDRESSES: USTR encourages applicants to submit their applications by 
email to [email protected] or by fax to Sandy McKinzy, Attn: Chapter 
Twenty Roster Applications, at (202) 395-3640. Alternatively, 
applicants may submit their applications by first class mail to Sandy 
McKinzy, Attn: Chapter Twenty Roster Applications, Office of the United 
States Trade Representative, 600 17th Street, NW, Washington, DC 20508. 
Submissions sent by hand delivery or messengers will not be accepted.

FOR FURTHER INFORMATION CONTACT: For information regarding the form of 
the application, contact Sandy McKinzy, Litigation Assistant, USTR 
Office of Monitoring and Enforcement, at (202) 395-3582. For other 
inquiries, contact Kent Shigetomi, Director for NAFTA, at (202) 395-
3412 or David W. Oliver, Associate General Counsel, at (202) 395-3581.

SUPPLEMENTARY INFORMATION:

Dispute Settlement Under NAFTA Chapter Twenty

    Chapter Twenty procedures apply to the avoidance or settlement of 
most types of disputes between the Parties arising under the NAFTA. If 
the NAFTA Parties cannot settle a dispute through consultations they 
may convene a dispute settlement panel to consider the matter.

Chapter Twenty Roster and Composition of Panels

    Article 2009 of the NAFTA provides for a roster of up to 30 persons 
to serve on Chapter Twenty dispute settlement panels. A separate five-
member panel is formed for each dispute. Panelists normally are 
selected from the roster (although non-roster panelists may be 
selected, for instance, when a dispute involves a matter for which a 
particular expertise not reflected on the roster would be helpful). For 
each case, roster members under consideration to serve as a panelist 
will be requested to complete a disclosure form, which is used to 
identify possible conflicts of interest or appearances of conflict. The 
disclosure form requests information regarding financial interests and 
affiliations, including information regarding the identity of any 
clients the roster member may have and, if applicable, clients of the 
roster member's firm.

Criteria for Eligibility for Inclusion on Chapter Twenty Roster

    Article 2009 provides that roster members shall (a) have expertise 
or experience in law, international trade, other matters covered by the 
NAFTA or the resolution of disputes arising under trade agreements, and 
shall be chosen strictly on the basis of objectivity, reliability and 
sound judgment, (b) be independent of, and not be affiliated with or 
take instructions from, any Party, and (c) comply with the code of 
conduct for Chapter Twenty panelists.

Procedures for Selection of Chapter Twenty Roster Members

    Following the receipt of applications, USTR, in consultation with 
the Senate Committee on Finance and the House Committee on Ways and 
Means, selects persons that the United States will nominate for 
inclusion on the Chapter Twenty roster. Roster members are appointed by 
consensus of the three NAFTA Parties for terms of three years, and may 
be reappointed.

Remuneration and Expenses

    Persons selected for service on a Chapter Twenty panel are 
remunerated at the rate of $800 (Canadian) per day, plus expenses.

Applications

    Qualified persons who wish to be included on the Chapter Twenty 
roster are invited to submit applications. Applications must be 
typewritten, and should be headed ``Application for Inclusion on NAFTA 
Chapter Twenty Roster.'' Applications should include the following 
information:
    1. Name of the applicant.
    2. Business address, telephone number, fax number, and email 
address.
    3. Citizenship(s).
    4. Spanish language fluency, written and spoken.
    5. Current employment, including title, description of 
responsibilities, and name and address of employer.
    6. Relevant education and professional training.
    7. Post-education employment history, including the names and 
addresses of current and prior employers, positions held, dates of 
employment, and a summary of responsibilities.
    8. Relevant professional affiliations and certifications, 
including, if any, current bar memberships in good standing.
    9. A list and copies of publications, testimony, and speeches, if 
any, relevant to the subject matter of the NAFTA.
    10. A list of international trade proceedings or domestic 
proceedings relating to international trade matters in which the 
applicant has provided advice to a party or otherwise participated.
    11. Summary of any current and past employment by, or consulting or 
other work for, the Government of the United States, Canada, or Mexico.
    12. The names and nationalities of (a) all foreign principals for 
whom the applicant is currently or has previously

[[Page 3930]]

been registered pursuant to the Foreign Agents Registration Act, 22 
U.S.C. 611 et seq., and the dates of all registration periods; and (b) 
all foreign entities for which the applicant (or the applicants's 
employer on behalf of the applicant) is currently or has previously 
been registered under the Lobbying Disclosure Act of 1995 (Pub.L. 104-
65), and the dates of all registration periods.
    13. A short statement of qualifications and availability for 
service on Chapter Twenty panels, including information relevant to the 
applicant's expertise or experience in law, international trade, other 
matters covered by the NAFTA, or the resolution of disputes arising 
under trade agreements, and willingness to make the necessary time 
commitments for service on panels.
    14. On a separate page, the names, addresses, and telephone and fax 
numbers of three persons willing to provide information concerning the 
applicant's qualifications for service, including the applicant's 
character, reputation, reliability, judgment, and expertise or 
experience in law, international trade, other matters covered by the 
NAFTA, or the resolution of disputes arising under trade agreements.

Current Roster Members and Prior Applicants

    Current members of the Chapter Twenty roster who wish to remain on 
the roster are requested to submit updated applications. Persons who 
have previously applied but have not been selected may reapply.

Public Disclosure

    Applications normally will be subject to public disclosure. An 
applicant who wishes to exempt information from public disclosure 
should follow the procedures set forth in 15 CFR 2003.6.

False Statements

    False statements by applicants regarding their personal or 
professional qualifications, or financial or other relevant interests 
that bear on the applicants' suitability for placement on the Chapter 
Twenty roster or for appointment to Chapter Twenty panels, are subject 
to criminal sanctions under 18 U.S.C. 1001.

Paperwork Reduction Act

    This notice contains a collection of information provision subject 
to the Paperwork Reduction Act (PRA) that the Office of Management and 
Budget (OMB) has approved. 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 voluntarily to 
apply for nomination to the NAFTA Chapter Twenty roster. It is expected 
that the collection of information burden will be under two hours. This 
collection of information contains no annual reporting or record 
keeping burden. OMB approved this collection of information under OMB 
Control Number 0350-0010. Please send comments regarding the collection 
of information burden or any other aspect of the information collection 
to USTR at the address above.

Privacy Act

    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 106 of the NAFTA Implementation 
Act (19 U.S.C. 3316) and section 141 of the Trade Act of 1974, as 
amended (19 U.S.C. 2171). Provision of the information requested above 
is voluntary; however, failure to provide the information may preclude 
consideration as a candidate for the NAFTA Chapter Twenty roster. This 
information is maintained in a system of records entitled ``Dispute 
Settlement Panelists Roster.'' The information provided is needed, and 
will be used by USTR and other federal government trade policy 
officials concerned with NAFTA dispute settlement and by officials of 
the other NAFTA Parties, to select well-qualified persons for inclusion 
on the Chapter Twenty roster and for service on Chapter Twenty panels.

Peter B. Davidson,
General Counsel.
[FR Doc. 02-2032 Filed 1-25-02; 8:45 am]
BILLING CODE 3190-01-P