[Federal Register Volume 74, Number 3 (Tuesday, January 6, 2009)]
[Notices]
[Pages 472-473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-31406]


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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 Costa Rica

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 Maria Pagan, Associate General Counsel, Office of the 
United States Trade Representative, (202) 395-9626.
    On August 5, 2004, the United States and Costa Rica 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.
    The United States approved the CAFTA-DR through the Dominican 
Republic-Central America-United States Free Trade Agreement 
Implementation Act (``the CAFTA-DR Act'') (Pub. L. No. 109-53, 119 
Stat. 462) (19 U.S.C. 4001 et seq.). The CAFTA-DR entered into force 
for Costa Rica 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 9 of the CAFTA-DR, do 
hereby determine that:
    1. Costa Rica 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, Costa Rica is so 
designated for purposes of Section 301(a) of the Trade Agreements Act.

[[Page 473]]

    2. With respect to eligible products of Costa Rica (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 Costa Rica, this waiver shall be applied by all 
entities listed in the Schedules of the United States in Section A of 
Annex 9.1.2.(b)(i) and in List A of Section B 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: December 30, 2008.
Susan C. Schwab,
United States Trade Representative.
[FR Doc. E8-31406 Filed 1-5-09; 8:45 am]
BILLING CODE 3190-W9-P