[Federal Register Volume 71, Number 146 (Monday, July 31, 2006)]
[Notices]
[Pages 43227-43228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12222]


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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 Guatemala

AGENCY: Office of the United States Trade Representative.

ACTION: Determination under Trade Agreements Act of 1979.

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EFFECTIVE DATE: July 31, 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 and Guatemala entered into the 
Dominican Republic-Central America-

[[Page 43228]]

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 July 
1, 2006, for Guatemala.
    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, Susan C. Schwab, 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. Guatemala is a country, other than a major industrialized 
country, 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, Guatemala is so 
designated for purposes of Section 301(a) of the Trade Agreements Act.
    2. With respect to eligible products of Guatemala (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 Guatemala, 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: July 25, 2006.
Susan C. Schwab,
United States Trade Representative.
 [FR Doc. E6-12222 Filed 7-28-06; 8:45 am]
BILLING CODE 3190-W6-P