[Federal Register Volume 74, Number 2 (Monday, January 5, 2009)]
[Notices]
[Pages 326-327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-31407]


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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 Nine 
of the United States-Oman Free Trade Agreement

AGENCY: Office of the United States Trade Representative.

ACTION: Determination under Trade Agreements Act of 1979.

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DATES: Effective Date: January 1, 2009.

FOR FURTHER INFORMATION CONTACT: Jean Heilman Grier, Senior Procurement 
Negotiator, Office of the United States Trade Representative, (202) 
395-9476, or Katherine Tai, Associate General Counsel, Office of the 
United States Trade Representative, (202) 395-9589.
    On January 19, 2006, the United States and Oman entered into the 
United States-Oman Free Trade Agreement (``Oman FTA''). Chapter Nine of 
the Oman FTA sets forth certain obligations with respect to government 
procurement of goods and services, as specified in Annex 9 of the Oman 
FTA. On September 26, 2006, the President signed into law the United 
States-Oman Free Trade Agreement Implementation Act (``the Oman FTA 
Act'') (Pub. L. 109-283, 120 Stat. 1191) (19 U.S.C. 3805 note). In 
section 101(a) of the Oman FTA Act, the Congress approved the Oman FTA. 
The Oman FTA entered into force on January 1, 2009.
    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 Nine of the Oman FTA, 
do hereby determine that:
    1. Oman is a country, other than a major industrialized country, 
which, pursuant to the Oman FTA, will provide appropriate reciprocal 
competitive government procurement opportunities

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to United States products and suppliers of such products. In accordance 
with Section 301(b)(3) of the Trade Agreements Act, Oman is so 
designated for purposes of Section 301(a) of the Trade Agreements Act.
    2. With respect to eligible products of Oman (i.e., goods and 
services covered by the Schedules of the United States in Annex 9 of 
the Oman FTA) 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 Oman, this waiver shall be applied by all entities 
listed in the Schedules of the United States in Section A and in List A 
of Section B of Annex 9 of the Oman FTA.
    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: December 30, 2008.
Susan C. Schwab,
United States Trade Representative.
 [FR Doc. E8-31407 Filed 1-2-09; 8:45 am]
BILLING CODE 3190-W9-P