[Federal Register Volume 71, Number 53 (Monday, March 20, 2006)]
[Notices]
[Pages 14050-14051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4004]


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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 9 of 
the U.S.-Morocco Free Trade Agreement and Chapter 9 of the Dominican 
Republic-Central America-United States Free Trade Agreement for El 
Salvador

AGENCY: Office of the United States Trade Representative.

ACTION: Determination under Trade Agreements Act of 1979.

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DATES: Effective Date: March 20, 2006.

FOR FURTHER INFORMATION CONTACT: Dawn Shackleford, Director for 
International Procurement, Office of the United States Trade 
Representative, (202) 395-9461, or Jason Kearns, Assistant General 
Counsel, Office of the United States Trade Representative, (202) 395-
9439.
    On June 15, 2004, the United States and Morocco entered into the 
United States-Morocco Free Trade Agreement (``the USMFTA''). Chapter 9 
of the USMFTA sets forth certain obligations with respect to government 
procurement of goods and services, as specified in Annexes 9-A-1 and 9-
A-3 of the USMFTA. On August 17, 2004, the President signed into law 
the United States-Morocco Free Trade Agreement Implementation Act 
(``the USMFTA Act'') (Pub. L. 108-302, 118 Stat. 1103) (19 U.S.C. 3805 
note). In section 101(a) of the USMFTA Act, the Congress approved the 
USMFTA and the statement of administrative action proposed to implement 
the USMFTA that the President submitted to the Congress. The USMFTA 
entered into force on January 1, 2006.
    On August 5, 2004, the United States and El Salvador entered into 
the Dominican Republic-Central America-United States Free Trade 
Agreement (``the CAFTA-DR''). Chapter 9 of the CAFTA-DR sets forth 
certain obligations with respect to government procurement of goods and 
services, as specified in Annex 9.1.2(b)(i) of the CAFTA-DR. On August 
2, 2005, the President signed into law the Dominican Republic-Central 
America-United States Free Trade Agreement Implementation Act (``the 
CAFTA-DR Act'') (Pub. L. No. 109-53, 119 Stat. 462) (19 U.S.C. 4001 
note). In section 101(a) of the CAFTA-DR Act, the Congress approved the 
CAFTA-DR and the statement of administrative action proposed to 
implement the CAFTA-DR that the President submitted to Congress. The 
CAFTA-DR entered into force on March 1, 2006 for El Salvador.
    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, Rob Portman, 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 9 of each the

[[Page 14051]]

USMFTA and the CAFTA-DR, do hereby determine that:
    1. Morocco and El Salvador are countries, other than major 
industrialized countries, which, pursuant to the USMFTA and the CAFTA-
DR, respectively, 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, Morocco and El Salvador are so designated for 
purposes of Section 301(a) of the Trade Agreements Act.
    2. With respect to eligible products of Morocco and El Salvador 
(i.e., goods and services covered by the Schedules of the United States 
in Annexes 9-A-1 and 9-A-3 of the USMFTA and Annex 9.1.2(b)(i) of the 
CAFTA-DR, respectively) 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 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 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.
    With respect to Morocco, this waiver shall be applied by all 
entities listed in the Schedule of the United States to Annex 9-A-1 and 
in list A of the Schedule of the United States to Annex 9-A-3 of the 
USMFTA. With respect to El Salvador, this waiver shall be applied by 
all entities listed in the Schedule of the United States to Section A 
of Annex 9.1.2(b)(i) and in List A of Section C of Annex 9.1.2(b)(i) of 
the CAFTA-DR.
    3. The designation in paragraph 1 and the waiver in paragraph 2 are 
subject to modification or withdrawal by the United States Trade 
Representative.

Rob Portman,
United States Trade Representative.
 [FR Doc. E6-4004 Filed 3-17-06; 8:45 am]
BILLING CODE 3190-W6-P