[Federal Register Volume 68, Number 244 (Friday, December 19, 2003)]
[Notices]
[Pages 70860-70861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31371]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Determination Regarding Waiver of Discriminatory Purchasing 
Requirement With Respect to Goods and Services Covered by Chapter 13 of 
the U.S.-Singapore Free Trade Agreement

AGENCY: Office of the United States Trade Representative.

ACTION: Determination under Trade Agreements Act of 1979.

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EFFECTIVE DATE: January 1, 2004.

FOR FURTHER INFORMATION CONTACT: Jean Heilman Grier, Senior Procurement 
Negotiator, Office of the United States Trade Representative, (202) 
395-9476, or Theodore R. Posner, Assistant General Counsel, Office of 
the United States Trade Representative, (202) 395-9512.
    On May 6, 2003, the United States and Singapore entered into the 
United States-Singapore Free Trade Agreement (``USSFTA''). Chapter 13 
of the USSFTA sets forth certain obligations with respect to government 
procurement of goods and services, as specified in Annex 13A of the 
USSFTA.
    On September 3, 2003, the President signed into law the United 
States-Singapore Free Trade Agreement Implementation Act (``the USSFTA 
ACT'') (Pub. L. No. 108-78, 117 Stat. 948) (19 U.S.C. 3805 note). In 
section 101(a) of the USSFTA Act, the Congress approved the USSFTA and 
the statement of administrative action proposed to implement the USSFTA 
that the President submitted to the Congress.
    Section 1-201 of Executive Order 12260 of December 31, 1980 (46 FR 
1653) delegates the functions of the President under Sections 301 and 
302 of the Trade Agreements Act of 1979 (``the Trade Agreements Act'') 
(19 U.S.C. 2511, 2512) to the United States Trade Representative.
    On January 1, 1981, acting pursuant to Executive Order 12260, the 
Acting United States Trade Representative designated Singapore for 
purposes of section 301(a) of the Trade Agreements Act, on the basis of 
Singapore's status as a party to the predecessor to the World Trade 
Organization Agreement on Government Procurement. Singapore is a party 
to World Trade Organization Agreement on Government Procurement (``the 
GPA'') and continues to be designated for purposes of section 301(a) of 
the Trade Agreements Act.
    Under the USSFTA, Singapore will provide reciprocal competitive 
government procurement opportunities to United States products and 
suppliers of such products, which are greater than the reciprocal 
competitive government procurement opportunities Singapore provides to 
United States products and suppliers of such products under the GPA. 
Singapore's commitment to provide such reciprocal competitive 
procurement opportunities constitutes an independent basis for its 
designation for purposes of section 301(a) of the Trade Agreements Act.
    Now, therefore, I, Robert B. Zoellick, United States Trade 
Representative, in conformity with the provisions of sections 301 and 
302 of the Trade Agreements Act, and Executive Order 12260, and in 
order to carry out U.S. obligations under Chapter 13 of the USSFTA, do 
hereby determine, effective on January 1, 2004, that:
    1. Singapore is a country, other than a major industrial country, 
which, pursuant to the USSFTA, will provide appropriate reciprocal 
competitive government procurement opportunities to United States 
products and suppliers of such products. In accordance with section 
301(b)(3) of the Trade Agreements Act, Singapore is so designated for 
purposes of section 301(a) of the Trade Agreements Act.
    2. With respect to eligible products of Singapore (i.e., goods and 
services covered by the Schedules of the United States in Annex 13A of 
the USSFTA) and suppliers of such products, the application of any law, 
regulation, procedure, or practice regarding government procurement 
that would, if applied to such products and suppliers, result in 
treatment less favorable than that accorded--
    (A) To United States products and suppliers of such products; or
    (B) To eligible products of another foreign country or 
instrumentality which is a party to the GPA and suppliers of such 
products, shall be waived.
    This waiver shall be applied by all entities referred to in 
Schedules 1.A and 1.C of the United States Annex 13A of the USSFTA.
    3. The designation in paragraph 1 and the waiver in paragraph 2 are 
subject to modification or withdrawal by the United States Trade 
Representative.


[[Page 70861]]


    Dated: December 16, 2003.
Robert B. Zoellick,
United States Trade Representative.
[FR Doc. 03-31371 Filed 12-18-03; 8:45 am]
BILLING CODE 3190-W3-M