[Federal Register Volume 71, Number 94 (Tuesday, May 16, 2006)]
[Notices]
[Page 28393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7442]


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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 Dominican Republic-Central America-United States Free Trade 
Agreement for Honduras and Nicaragua

AGENCY: Office of the United States Trade Representative.

ACTION: Determination under Trade Agreements Act of 1979.

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DATES: Effective Date: May 16, 2006.

FOR FURTHER INFORMATION CONTACT: Dawn Shackleford, Director for 
International Procurement, Office of the United States Trade 
Representative, (202) 395-9461, or Jason Kearns, Associate General 
Counsel, Office of the United States Trade Representative, (202) 395-
9439.
    On August 5, 2004, the United States, Honduras and Nicaragua 
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. 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. The CAFTA-DR entered into force on 
April 1, 2006, for Honduras and Nicaragua.
    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 the CAFTA-DR, do hereby determine 
that:
    1. Honduras and Nicaragua are countries, other than major 
industrialized countries, which, pursuant to the CAFTA-DR, 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, Honduras and 
Nicaragua are so designated for purposes of Section 301(a) of the Trade 
Agreements Act.
    2. With respect to eligible products of Honduras and Nicaragua 
(i.e., goods and services covered by the Schedules of the United States 
in Annex 9.1.2(b)(i) of the CAFTA-DR) 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 Honduras and Nicaragua, 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.

    Dated: May 8, 2006.
Rob Portman,
United States Trade Representative.
 [FR Doc. E6-7442 Filed 5-15-06; 8:45 am]
BILLING CODE 3190-W6-P