[Federal Register Volume 71, Number 218 (Monday, November 13, 2006)]
[Presidential Documents]
[Pages 66223-66224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9193]



[[Page 66221]]

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Part II





The President





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Memorandum of November 6, 2006--Determinations Under Section 1106(a) of 
the Omnibus Trade and Competitiveness Act of 1988--Socialist Republic 
of Vietnam
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  Federal Register / Vol. 71, No. 218 / Monday, November 13, 2006 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 66223]]

                Memorandum of November 6, 2006

                
Determinations Under Section 1106(a) of the 
                Omnibus Trade and Competitiveness Act of 1988--
                Socialist Republic of Vietnam

                Memorandum for the United States Trade Representative

                Consistent with section 1006(a) of the Omnibus Trade 
                and Competitiveness Act of 1988 (19 U.S.C. 2905(a)) 
                (the ``Act''), I determine that state trading 
                enterprises account for a significant share of the 
                exports of the Socialist Republic of Vietnam (Vietnam) 
                and goods that compete with imports into Vietnam. I 
                further determine that such state trading enterprises 
                unduly burden and restrict, or adversly affect, the 
                foreign trade of the United States or the United States 
                economy, or are likely to result in such burden, 
                restriction, or effect.

                Vietnam is seeking to become a member of the World 
                Trade Organization (WTO). The terms and conditions for 
                Vietnam's accession to the WTO include Vietnam's 
                commitments that it will ensure that all state trading 
                enterprises within the meaning of section 1106 will 
                make purchases not for governmental use and sales in 
                international trade based solely on commercial 
                considerations (including price, quality, availability, 
                marketability, and transportation) and that U.S. firms 
                will have an adequate opportunity, in accordance with 
                customary business practice, to compete for 
                participation in sales to and purcahses from these 
                enterprises on nondiscriminatory terms and conditions. 
                In addition, the Government of Vietnam will not 
                influence, directly or indirectly, commercial decisions 
                on the part of state trading enterprises, including 
                decisions on the quantity, value, or country of origin 
                of any goods purchased or sold, except in a manner 
                consistent with the Marrakesh Agreement Establishing 
                the World Trade Organization (WTO Agreement) and the 
                rights accorded to nongovernmental enterprise owners or 
                shareholders.

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                The obligations that Vietnam will assume under the WTO 
                Agreement, including Vietnam's protocol of accession, 
                meet the requirements of section 1106(b)(2)(A) of the 
                Act (19 U.S.C. 2905(b)(2)(A)), and thus my 
                determinations under section 1106(a) do not require 
                invocation of the nonapplication provisions of the WTO 
                Agreement.

                You are directed to publish this memorandum in the 
                Federal Register.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, November 6, 2006.

[FR Doc. 06-9193
Filed 11-9-06; 8:45 am]
Billing code 3190-01-M