[Federal Register Volume 71, Number 248 (Wednesday, December 27, 2006)]
[Notices]
[Pages 77820-77821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22173]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Determination Regarding Waiver of Discriminatory Purchasing 
Requirements With Respect to Goods and Services of New Member States of 
the European Communities (Romania and the Republic of Bulgaria)

AGENCY: Office of the United States Trade Representative.

ACTION: Determination Regarding Waiver of Discriminatory Purchasing 
Requirements under the Trade Agreements Act of 1979.

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DATES: Effective Date: January 1, 2007.

FOR FURTHER INFORMATION CONTACT: Jean Heilman Grier, Senior Procurement 
Negotiator, Office of the United States Trade Representative, (202) 
395-9476.

SUPPLEMENTARY INFORMATION: The European Communities (``EC'') is a party 
to the World Trade Organization (``WTO'') Agreement on Government 
Procurement (``GPA'') and has assumed rights and obligations under the 
GPA on behalf of its Member States. On January 1, 2007, Romania and the 
Republic of Bulgaria (collectively, the ``new Member States'') will 
accede to the EC. In light of that accession, the EC has committed to 
assume rights and obligations on behalf of these new Member States 
under the GPA. On December 8, 2006, the WTO Committee on Government 
Procurement approved the application

[[Page 77821]]

of the GPA to Romania and the Republic of Bulgaria. The United States, 
which is also a party to the GPA, has agreed to waive discriminatory 
purchasing requirements for eligible products and suppliers of the 
Romania and the Republic of Bulgaria, beginning on January 1, 2007.
    Section 1-201 of Executive Order 12260 of December 31, 1980 
delegated 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.
    Determination: In conformity with sections 301 and 302 of the Trade 
Agreements Act, and in order to carry out U.S. obligations under the 
GPA, I hereby determine that:
    1. The European Communities, including its new Member States 
(Romania and the Republic of Bulgaria), is an instrumentality that: (A) 
Is a party to the GPA; and (B) will provide appropriate reciprocal 
competitive government procurement opportunities to United States 
products and services and suppliers of such products and services. In 
accordance with section 301(b)(1) of the Trade Agreements Act, the 
European Communities is so designated for purposes of section 301(a) of 
the Trade Agreements Act.
    2. Accordingly, beginning on January 1, 2007, with respect to 
eligible products (namely, those goods and services covered under the 
GPA for procurement by the United States) of the Romania and the 
Republic of Bulgaria 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 that 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 GPA and suppliers of such 
products, shall be waived. This waiver shall be applied by all entities 
listed in United States Annexes 1 and 3 of GPA Appendix 1.
    3. The Trade Representative may modify or withdraw the designation 
in paragraph 1 and the waiver in paragraph 2.
    4. This notice shall not affect the treatment to be accorded to 
eligible products of any country that was a Member State of the 
European Communities before January 1, 2007.

    Dated: December 19, 2006.
Susan C. Schwab,
United States Trade Representative.
[FR Doc. E6-22173 Filed 12-26-06; 8:45 am]
BILLING CODE 3190-W7-P