[Federal Register Volume 74, Number 14 (Friday, January 23, 2009)]
[Notices]
[Pages 4264-4265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1451]


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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-Peru Trade Promotion Agreement

AGENCY: Office of the United States Trade Representative.

ACTION: Determination under Trade Agreements Act of 1979.

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DATES: Effective Date: February 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 April 12, 2006, the United States and Peru entered into the 
United States-Peru Trade Promotion Agreement (``Peru TPA''). Chapter 
Nine of the Peru TPA sets forth certain obligations with respect to 
government procurement of goods and services, as specified in Annex 9.1 
of the Peru TPA. On December 14, 2007, the President signed into law 
the United States-Peru Trade Promotion Agreement Implementation Act 
(``the Peru TPA Act'') (Pub. L. No. 110-138, 121 Stat. 1455) (19 U.S.C. 
3805 note). In section 101(a) of the Peru TPA Act, the Congress 
approved the Peru TPA. The Peru FTA will enter into force on February 
1, 2009.
    Section 1-201 of Executive Order 12260 of December 31, 1980 (46 FR 
1653) delegates the functions of the

[[Page 4265]]

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 Peru TPA, 
do hereby determine that:
    1. Peru is a country, other than a major industrialized country, 
which, pursuant to the Peru TPA, 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, Peru is so designated for 
purposes of section 301(a) of the Trade Agreements Act.
    2. With respect to eligible products of Peru (i.e., goods and 
services covered by the Schedules of the United States in Annex 9.1 of 
the Peru TPA) 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 Peru, 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 C of Annex 9.1 of the Peru TPA.
    3. The designation in paragraph 1 and the waiver in paragraph 2 are 
subject to modification or withdrawal by the United States Trade 
Representative.

Susan C. Schwab,
United States Trade Representative.
 [FR Doc. E9-1451 Filed 1-22-09; 8:45 am]
BILLING CODE 3190-W9-P