[Federal Register Volume 70, Number 19 (Monday, January 31, 2005)]
[Notices]
[Pages 4913-4914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1663]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Determination Regarding Waiver of Discriminatory Purchasing 
Requirements With Respect to Goods and Services Covered by Chapter 15 
of the U.S.-Australia 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 24, 2005.

FOR FURTHER INFORMATION CONTACT: Jean Heilman Grier, Senior Procurement 
Negotiator, Office of the United States Trade Representative, (202) 
395-5097, or Melida Hodgson, Assistant General Counsel, Office of the 
United States Trade Representative, (202) 395-9512.
    On May 18, 2004, the United States and Australia entered into the 
United States-Australia Free Trade Agreement (``the USAFTA''). Chapter 
15 of the USAFTA sets forth certain obligations with respect to 
government procurement of goods and services, as specified in Annex 15-
A of the USAFTA. On August 3, 2004, the President signed into law the 
United States-Australia Free Trade Agreement Implementation Act (``the 
USAFTA Act'') (Pub. L. 108-286, 19 U.S.C. 3805 note). In section 101 of 
the USAFTA Act, the Congress approved the USAFTA and the statement of 
administrative action proposed to implement the USAFTA that the 
President submitted to Congress. The USAFTA entered into force on 
January 1, 2005.
    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.
    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 15 of the USAFTA, do 
hereby determine that:
    1. Australia is a country, which, pursuant to the USAFTA, 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, 
Australia is designated for purposes of section 301(a) of the Trade 
Agreements Act.
    2. With respect to eligible products of Australia (i.e., goods and 
services covered by the Schedules of the United States in Annex 15-A of 
the USAFTA) and suppliers of such products, the application of any law, 
procedure, or practice regarding government procurement that would, if 
applied to such products and suppliers, result in treatment less 
favorable than accorded--

[[Page 4914]]

    (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 Agreement on Government 
Procurement referred to in section 101(d)(17) of the Uruguay Round 
Agreements Act (19 U.S.C. 3511(d)(17)) and suppliers of such products, 
shall be waived.
    This waiver shall be applied by all entities listed in the Schedule 
of the United States to Section 1 of Annex 15-A of the USAFTA, and in 
list A of the Schedule of the United States to Section 3 of Annex 15-A 
of the USAFTA.
    3. The designation in paragraph 1 and the waiver in paragraph 2 are 
subject to modification or withdrawal by the United States Trade 
Representative.

    Dated: January 24, 2005.
Robert B. Zoellick,
United States Trade Representative.
[FR Doc. 05-1663 Filed 1-28-05; 8:45 am]
BILLING CODE 3190-W5-P