[Federal Register Volume 69, Number 246 (Thursday, December 23, 2004)]
[Notices]
[Pages 77128-77131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28084]



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Part VI





Department of Labor





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Office of the Secretary



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Bureau of International Labor Affairs; Notice of Renaming the National 
Administrative Office as the Office of Trade Agreement Implementation; 
Designation of That Office as the Contact Point for Labor Provisions of 
Free Trade Agreements; and Request for Comments on Procedural 
Guidelines; Notice

  Federal Register / Vol. 69 , No. 246 / Thursday, December 23, 2004 / 
Notices  

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DEPARTMENT OF LABOR

Office of the Secretary


Bureau of International Labor Affairs; Notice of Renaming the 
National Administrative Office as the Office of Trade Agreement 
Implementation; Designation of That Office as the Contact Point for 
Labor Provisions of Free Trade Agreements; and Request for Comments on 
Procedural Guidelines

December 17, 2004.
AGENCY: Office of the Secretary, Labor.

ACTION: Notice of renaming; designation of contact point; and request 
for comments on procedural guidelines.

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SUMMARY: The Secretary of Labor announces that the National 
Administrative Office (NAO) of the Bureau of International Labor 
Affairs (ILAB) is renamed as the Office of Trade Agreement 
Implementation (Office) and will serve as the Contact Point for 
purposes of administering the labor chapters of the U.S.-Chile and 
U.S.-Singapore Free Trade Agreements, as well as labor provisions of 
other free trade agreements to which the United States may become a 
party to the extent authorized in such agreements, implementing 
legislation, or accompanying statements of administrative action, and 
the establishment of procedural guidelines pertaining to the public 
submission process. The Office will maintain the designation of the NAO 
and continue its function to administer Departmental responsibilities 
under the North American Agreement on Labor Cooperation. The address 
for this office is: Office of Trade Agreement Implementation, Bureau of 
International Labor Affairs, U.S. Department of Labor, 200 Constitution 
Avenue, NW., Room S-5205, Washington, DC 20210. The telephone numbers 
are (office) 202-693-4900 and (facsimile) 202-693-4910.
    Written comments and suggestions on the procedural guidelines are 
requested.

DATES: Effective Date: The renaming and designation of the functions of 
the Office are effective on December 17, 2004.
    Comment Date: Written comments and suggestions on the procedural 
guidelines should be submitted by February 22, 2005.

ADDRESSES: Please send comments to [email protected] or to the Director of 
the Office of Trade Agreement Implementation, Bureau of International 
Labor Affairs, U.S. Department of Labor, 200 Constitution Avenue, NW., 
Room S-5205, Washington, DC 20210. Telephone: (202) 693-4900, facsimile 
(202) 693-4910. Comments provided in electronic format are preferred.

FOR FURTHER INFORMATION CONTACT: Director, Office of Trade Agreement 
Implementation, Bureau of International Labor Affairs, U.S. Department 
of Labor, 200 Constitution Avenue, NW., Room S-5205, Washington, DC 
20210. Telephone: (202) 693-4900 (this is not a toll-free number).

SUPPLEMENTARY INFORMATION: The U.S.-Chile Free Trade Agreement was 
signed by the United States of America and the Republic of Chile on 
June 6, 2003. The Governments of the countries exchanged notes 
providing for the entry into force of the Agreement on January 1, 2004. 
See Public Law 108-77, 117 Stat. 909 (Sept. 3, 2003), the U.S.-Chile 
Free Trade Agreement Implementation Act. The U.S.-Singapore Free Trade 
Agreement was signed by the United States of America and the Republic 
of Singapore on May 6, 2003. The Governments of the countries exchanged 
notes providing for the entry into force of the Agreement on January 1, 
2004. See Public Law 108-78, 117 Stat. 948 (Sept. 3, 2003), the U.S.-
Singapore Free Trade Agreement Implementation Act. The North American 
Agreement on Labor Cooperation (NAALC) was signed by the United States, 
Mexico, and Canada in September 1993 and became effective January 1, 
1994. See Public Law 103-182, 107 Stat. 2057 (Dec. 8, 1993), the North 
American Free Trade Agreement Implementation Act.
    Article 15 of the NAALC requires each Party to establish a National 
Administrative Office. The U.S. NAO was established by the Secretary of 
Labor on January 1, 1994. See 58 FR 69410 (Dec. 30, 1993) and 59 FR 
16660 (Apr. 7, 1994). Article 16 of the NAALC provides that the NAO 
shall serve as a point of contact with governmental agencies of that 
Party, NAOs of the other Parties, and the Secretariat of the Commission 
for Labor Cooperation. Additionally, the NAO is to provide for the 
submission and receipt of public communications on labor law matters 
arising in the territory of another Party.
    Article 18.4.3 of the U.S.-Chile FTA and Article 17.4.2 of the 
U.S.-Singapore FTA require each Party to designate an office within its 
labor ministry to serve as a contact point with the other Party, and 
with the public, for the purpose of implementing the labor chapters. 
Each contact point is to provide for the submission, receipt, and 
consideration of public communications on matters related to the 
chapters.
    Paragraph 2 of Annex 18.5 of the U.S.-Chile FTA and paragraph 2(a) 
of Annex 17A of the U.S.-Singapore FTA also provide for the 
establishment of labor ministry contact points to support the work of a 
Labor Cooperation Mechanism established under each labor chapter. In 
addition, Article 18.4.6 of the U.S.-Chile FTA and Article 17.4.3 of 
the U.S.-Singapore FTA provide that each Party may convene an advisory 
committee to provide views or advice on the implementation of the labor 
chapters.
    The attached notice provides for the renaming of the NAO as the 
Office of Trade Agreement Implementation and that it shall serve as the 
Contact Point for the labor provisions of the U.S.-Chile and U.S.-
Singapore FTAs. It also provides that the Office shall serve as a 
contact point for matters under labor chapters of other FTAs to which 
the United States may become a party to the extent authorized in such 
agreements, implementing legislation, or accompanying statements of 
administrative action. The Office will have the responsibility for 
administering U.S. responsibilities under the labor chapters and the 
NAALC, including serving as a contact point between the labor 
ministries of the Parties, serving as a contact point with the public 
on the labor chapters and the NAALC, providing for the submission, 
receipt, consideration, and review of public communications on matters 
related to the labor chapters and the NAALC, providing support to any 
advisory committees that may be convened or consulted pursuant to the 
labor chapters or the NAALC, and coordinating work under the mechanisms 
for labor cooperation established under the labor chapters and the 
cooperative activities program of the NAALC.
    The attached notice provides for an open and transparent process 
regarding compliance by Chile and Singapore with the obligations of the 
labor chapter of each FTA, as appropriate, by other parties to labor 
chapters of other FTAs to which the United States may become a party, 
and by Mexico and Canada with the obligations of the NAALC. It provides 
for receipt and review of public submissions on matters related to a 
labor chapter or the NAALC. Within 60 days of receipt of a submission, 
the Office will initiate a review of the matter or advise the 
submitting party and the public that a review is not appropriate. At 
the conclusion of each review, the Office will publish a public report. 
The Office will periodically publish a list of public submissions. The 
Office also may undertake a review on

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its own initiative on relevant labor matters.
    The Notice of Renaming the National Administrative Office as the 
Office of Trade Agreement Implementation and Designation of that Office 
as the Contact Point for Labor Provisions of Free Trade Agreements set 
forth below replaces the Revised Notice of Establishment published on 
April 7, 1994 (59 FR 16660).

    Signed at Washington, DC on December 17, 2004.
Elaine L. Chao,
Secretary of Labor.

Notice of Renaming of the National Administrative Office as the Office 
of Trade Agreement Implementation and Designation of That Office as the 
Contact Point for Labor Provisions of Free Trade Agreements

Section A. Renaming and Designation

    1. The National Administrative Office, Bureau of International 
Labor Affairs, U.S. Department of Labor established January 1, 1994, 59 
FR 16660 (Apr. 7, 1994), is renamed as the Office of Trade Agreement 
Implementation, Bureau of International Labor Affairs, U.S. Department 
of Labor.
    2. The Office of Trade Agreement Implementation is designated as 
the Contact Point as required by Article 18.4.3 and Annex 18.5 of the 
U.S.-Chile FTA and Article 17.4.2 and Annex 17A of the U.S.-Singapore 
FTA.
    3. The Office of Trade Agreement Implementation is designated as a 
contact point for labor chapters of other FTAs to which the United 
States may become a party to the extent authorized in such agreements, 
implementing legislation, or accompanying statements of administrative 
action.
    4. The Office of Trade Agreement Implementation retains the 
functions of, and designation as, the National Administrative Office to 
administer Departmental responsibilities under the North American 
Agreement on Labor Cooperation. The Director of the Office of Trade 
Agreement Implementation retains the functions of, and designation as, 
the Secretary of the National Administrative Office under Article 15 of 
the North American Agreement on Labor Cooperation.

Section B. Definitions

    As used herein:
    ``FTA'' means the U.S.-Chile Free Trade Agreement, the U.S.-
Singapore Free Trade Agreement, or other free trade agreement to which 
the United States may become a party;
    ``another Party'' or ``other Party'' means a country other than the 
United States that is a Party to an FTA or the NAALC;
    ``Commission for Labor Cooperation'' means the Commission for Labor 
Cooperation established pursuant to Article 8 of the NAALC;
    ``Cooperative Activities Program'' means the program of cooperative 
activities undertaken by the Parties to the NAALC;
    ``Labor Affairs Council'' means the Labor Affairs Council 
established pursuant to Article 18.4.1 of the U.S.-Chile Free Trade 
Agreement or pursuant to another FTA;
    ``labor chapter'' means Chapter Eighteen of the U.S.-Chile FTA, 
Chapter 17 of the U.S.-Singapore FTA, or a labor chapter of another 
FTA;
    ``Labor Cooperation Mechanism'' means the mechanism established 
pursuant to Article 18.5 of the U.S.-Chile FTA or Article 17.5 of the 
U.S.-Singapore FTA, or a similar mechanism established pursuant to 
another FTA;
    ``labor organization'' includes any organization of any kind, 
including such local, national, and international organizations or 
federations, in which employees participate and which exists for the 
purpose, in whole or in part, of dealing with employers concerning 
grievances, labor disputes, wages, rates of pay, hours, or other terms 
or conditions of employment;
    ``NAALC'' means the North American Agreement on Labor Cooperation;
    ``non-governmental organization'' means any scientific, 
professional, business, non-profit, or public interest organization or 
association which is neither affiliated with, nor under the direction 
of, a government;
    ``Office'' means Office of Trade Agreement Implementation;
    ``Party'' means a Party to an FTA or the NAALC;
    ``person'' includes one or more individuals, non-governmental 
organizations, labor organizations, partnerships, associations, 
corporations, or legal representatives; and
    ``Subcommittee'' means a Subcommittee on Labor Affairs that may be 
established by the Joint Committee pursuant to Article 17.4.1 of the 
U.S.-Singapore FTA or pursuant to another FTA.

Section C. Functions of the Office of Trade Agreement Implementation

    1. The Office shall encourage input and receive communications from 
the public on any matter related to a labor chapter of an FTA, 
including its Labor Cooperation Mechanism, and the NAALC, including its 
Cooperative Activities Program. The Office shall consider the views 
expressed by the public, consult, as appropriate, with U.S. and foreign 
government and non-government representatives, and provide appropriate 
and prompt responses.
    2. The Office shall provide assistance to the Secretary of Labor on 
all matters concerning a labor chapter of an FTA, including the 
development and implementation of a Labor Cooperation Mechanism, and 
the NAALC, including the development and implementation of a 
Cooperative Activities Program.
    3. The Office shall serve as a point of contact with agencies of 
the United States Government, a contact point of another Party, the 
public, governmental working or expert groups, business 
representatives, labor organizations, and non-governmental 
organizations concerning matters under a labor chapter or the NAALC.
    4. The Office shall promptly provide publicly available information 
pursuant to Article 14 of the NAALC as requested by the Secretariat of 
the Commission for Labor Cooperation, the National Administrative 
Office of another Party, or an Evaluation Committee of Experts.
    5. The Office shall receive, determine whether to accept for 
review, and review submissions on another Party's commitments and 
obligations arising under a labor chapter or the NAALC, as set out in 
Sections F, G, and H.
    6. The Office may, at the direction of the Director, initiate a 
review of any matter arising under a labor chapter or the NAALC.
    7. The Office may request, undertake, and participate in 
consultations with another Party pursuant to Article 18.6 of the U.S.-
Chile FTA, Article 17.6 of the U.S.-Singapore FTA, Parts Four and Five 
of the NAALC, or pursuant to another FTA, regarding any matter arising 
under a labor chapter or the NAALC, and shall respond to requests for 
such consultations made by another Party.
    8. The Office shall assist a Labor Affairs Council or Subcommittee 
or the Commission for Labor Cooperation on any relevant matter.
    9. The Office shall, as appropriate, establish working or expert 
groups; consult with and seek advice of non-governmental organizations 
or persons; prepare and publish reports as set out in Section J and on 
matters related to the implementation of a labor chapter pursuant to 
Article 18.4.4 of the U.S.-Chile FTA or Article 17.4.5 of the U.S.-
Singapore FTA, or pursuant to another FTA; collect and maintain 
information on labor law matters involving another Party; and compile 
materials concerning labor law legislation of another Party.

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    10. The Office shall consider the views of any advisory committee 
established or consulted to provide advice in administering a labor 
chapter or the NAALC.
    11. The Office shall consult with the United States Trade 
Representative, the Department of State, and other appropriate entities 
of the U.S. Government in carrying out its responsibilities under the 
labor chapters and the NAALC.

Section D. Cooperation

    1. The Office shall conduct at all times its activities in 
accordance with the principles of cooperation and respect embodied in 
the FTAs and the NAALC. In its dealings with a contact point of another 
Party and all persons, the Office shall endeavor to the maximum extent 
possible to resolve matters through consultation and cooperation.
    2. The Office shall consult with the contact point of another Party 
during the submission and review process set out in Sections F, G and H 
in order to obtain information and resolve issues that may arise.
    3. The Office, on behalf of the Department of Labor and with other 
appropriate agencies, shall develop and implement cooperative 
activities under a Labor Cooperation Mechanism of an FTA and the 
Cooperative Activities Program of the NAALC. The Office may carry out 
such cooperative activities through any means the Parties deem 
appropriate, including exchange of government delegations, 
professionals, and specialists; sharing of information, standards, 
regulations and procedures, and best practices; organization of 
conferences, seminars, workshops, meetings, training sessions, and 
outreach and education programs; development of collaborative projects 
or demonstrations; joint research projects, studies, and reports; and 
technical exchanges and cooperation.
    4. The Office shall receive and consider views on cooperative 
activities from worker and employer representatives and from other 
members of civil society.

Section E. Information

    1. The Office shall maintain public files where submissions, 
transcripts of hearings, Federal Register notices, reports, advisory 
committee information, and other public information shall be available 
for inspection during normal business hours, subject to the terms and 
conditions of the Freedom of Information Act, 5 U.S.C. 552.
    2. Information submitted by a person or another Party to the Office 
in confidence shall be treated as exempt from public inspection if the 
information meets the requirements of 5 U.S.C. 552(b) or as otherwise 
permitted by law. Each person or Party requesting such treatment shall 
clearly mark ``submitted in confidence'' on each page or portion of a 
page so submitted and furnish an explanation as to the need for 
exemption from public inspection. If the material is not accepted in 
confidence it will be returned promptly to the submitter with an 
explanation for the action taken.
    3. The Office shall be sensitive to the needs of an individual's 
confidentiality and shall make every effort to protect such 
individual's interests.

Section F. Submissions

    1. Any person may file a submission with the Office regarding 
another Party's commitments or obligations arising under a labor 
chapter or Part Two of the NAALC. Filing may be by electronic 
transmission, hand delivery, mail delivery, or facsimile transmission. 
A hard copy submission must be accompanied by an electronic version in 
a current Word or Word Perfect format, including attachments unless it 
is not practicable.
    2. The submission shall identify clearly the person filing the 
submission and shall be signed and dated. It shall state with 
specificity the matters that the submitter requests the Office to 
consider and include supporting information available to the submitter, 
including, wherever possible, copies of laws or regulations which are 
the subject of the submission. As relevant, the submission shall 
address and explain to the fullest extent possible whether:
    (a) the matters referenced in the submission demonstrate action 
inconsistent with another Party's commitments or obligations under a 
labor chapter or the NAALC, noting the particular commitment or 
obligation;
    (b) there has been harm to the submitter or other persons, and, if 
so, to what extent;
    (c) the matters referenced in the submission demonstrate a 
sustained or recurring course of action or inaction of non-enforcement 
of labor law by the other Party;
    (d) the matters referenced in the submission affect trade between 
the parties;
    (e) the course of action or inaction reflects something other than 
a reasonable exercise of discretion or a bona fide decision regarding 
the allocation of resources;
    (f) relief has been sought under the domestic laws of the other 
Party, and, if so, the status of any legal proceedings; and
    (g) the matters referenced in the submission are pending before an 
international body.

Section G. Acceptance of Submissions

    1. Within 60 days after the filing of a submission, the Office 
shall determine whether to accept the submission for review. The Office 
may communicate with the submitter during this period regarding any 
matter relating to the determination.
    2. In determining whether to accept a submission for review, the 
Office shall consider whether:
    (a) the submission raises issues relevant to any matter arising 
under a labor chapter or the NAALC;
    (b) a review would further the objectives of a labor chapter or the 
NAALC;
    (c) the submission clearly identifies the person filing the 
submission, is signed and dated, and is sufficiently specific to 
determine the nature of the request and permit an appropriate review;
    (d) the statements contained in the submission, if substantiated, 
would constitute a failure of the other Party to comply with its 
obligations under a labor chapter or the NAALC;
    (e) the statements contained in the submission or available 
information demonstrate that appropriate relief has been sought under 
the domestic laws of the other Party, or that the matter or a related 
matter is pending before an international body; and
    (f) the submission is substantially similar to a recent submission 
and significant, new information has been furnished that would 
substantially differentiate the submission from the one previously 
filed.
    3. If the Office accepts a submission for review, it shall promptly 
provide written notice to the submitter, the relevant Party, and other 
appropriate persons, and promptly publish in the Federal Register 
notice of the determination, a statement specifying why review is 
warranted, and the terms of the review.
    4. If the Office declines to accept a submission for review, it 
shall promptly provide written notice to the submitter stating the 
reasons for the determination.

Section H. Reviews and Public Reports

    1. Following a determination by the Office to accept a submission 
for review, the Office shall conduct such further examination of the 
submission as may

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be appropriate to assist it to better understand and publicly report on 
the issues raised. The Office shall keep the submitter apprised of the 
status of a review.
    2. Except for information exempt from public inspection pursuant to 
Section E, information relevant to a review shall be placed in a public 
file.
    3. The Office shall provide a process for the public to submit 
information relevant to the review, including holding a public hearing 
as appropriate.
    4. Notice of any such hearing under paragraph 3 shall be published 
in the Federal Register 30 days in advance. The notice shall contain 
such information as the Office deems relevant, including information 
pertaining to requests to present oral testimony and written briefs.
    5. Any hearing shall be open to the public. All proceedings shall 
be conducted in English, with simultaneous interpretation provided as 
the Office deems necessary.
    6. Any hearing shall be conducted by an official of the Office or 
another Departmental official, assisted by staff and legal counsel, as 
appropriate. The public file shall be made part of the hearing record 
at the commencement of the hearing.
    7. Within 120 days of the acceptance of a submission for review, 
unless circumstances as determined by the Office require an extension 
of time of up to 60 additional days, the Office shall issue a public 
report.
    8. The report shall include a summary of the proceedings and any 
findings and recommendations.

Section I. Recommendations to the Secretary of Labor

    1. The Office may at any time make a recommendation to the 
Secretary of Labor as to whether the United States should request 
consultations with another Party pursuant to Article 18.6.1 of the 
U.S.-Chile FTA or Article 17.6.1 of the U.S.-Singapore FTA, or pursuant 
to another FTA, or consultations with another Party at the ministerial 
level pursuant to Article 22 of the NAALC. As relevant and appropriate, 
the Office shall include any such recommendation in the report prepared 
in response to a submission.
    2. If, following such consultations, the Office determines that the 
matter has not been resolved satisfactorily, it shall make a 
recommendation to the Secretary of Labor concerning the convening of a 
Labor Affairs Council or Subcommittee pursuant to an FTA, or the 
establishment of an Evaluation Committee of Experts pursuant to Article 
23 of the NAALC, as relevant.
    3. If the mechanisms referred to in paragraph 2 are invoked and the 
Office determines that the matter subsequently remains unresolved, and 
the matter concerns whether a Party is conforming with an obligation 
under a labor chapter, such as Article 18.2.1.a of the U.S.-Chile FTA 
or Article 17.2.1.a of the U.S.-Singapore FTA, or Part Two of the 
NAALC, that is subject to the dispute settlement provisions of an FTA 
or the NAALC, the Office shall make a recommendation to the Secretary 
of Labor concerning pursuit of dispute resolution under such 
provisions.

Section J. Periodic and Special Reports

    1. The Office shall publish periodically a list of submissions 
presented to it, including a summary of the disposition of such 
submissions.
    2. The Office shall obtain and publish periodically information on 
public communications considered by the other Parties.
    3. The Office may undertake reviews and publish special reports on 
any topics under its purview on its own initiative or upon request from 
the Secretary of Labor.

[FR Doc. 04-28084 Filed 12-22-04; 8:45 am]
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