[Federal Register Volume 74, Number 157 (Monday, August 17, 2009)]
[Notices]
[Pages 41482-41483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19650]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Trade Policy Staff Committee; Public Comments on the Caribbean 
Basin Economic Recovery Act and the Caribbean Basin Trade Partnership 
Act: Report to Congress

AGENCY: Office of the United States Trade Representative.

ACTION: Notice and request for public comment.

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SUMMARY: The Trade Policy Staff Committee (TPSC) is seeking the views 
of interested parties on the operation of the Caribbean Basin Economic 
Recovery Act (CBERA), as amended by the Caribbean Basin Trade 
Partnership Act (CBTPA) (19 U.S.C. 2701 et seq.). Section 212(f) of the 
CBERA, as amended, requires the President to submit a report to 
Congress regarding the operation of the CBERA and CBTPA (together 
commonly referred to as the Caribbean Basin Initiative, or CBI) on or 
before December 31, 2001, and every two years thereafter. The TPSC 
invites written comments concerning the operation of the CBI, including 
comments on the performance of each CBERA and CBTPA beneficiary 
country, as the case may be, under the criteria described in sections 
212(b), 212(c), and 213(b)(5)(B) of the CBERA, as amended. This 
information will be used in the preparation of a report to the U.S. 
Congress on the operation of the program.

DATES: Public comments are due at USTR no later than 5 p.m., September 
30, 2009.

ADDRESSES: Comments should be submitted electronically via the Internet 
at http://www.regulations.gov. For alternatives to on-line submissions 
please contact Gloria Blue, Executive Secretary, Trade Policy Staff 
Committee, at (202) 395-3475.

FOR FURTHER INFORMATION CONTACT: For procedural questions concerning 
written comments, contact Gloria Blue, Executive Secretary, Trade 
Policy Staff Committee, at (202) 395-3475. All other questions should 
be directed to Kent Shigetomi, Office of the Americas, Office of the 
United States Trade Representative, 600 17th Street, NW., Room 523, 
Washington, DC 20508. The telephone number is (202) 395-3412.

SUPPLEMENTARY INFORMATION: Interested parties are invited to submit 
comments on any aspect of the program's operation, including the 
performance of CBERA and CBTPA beneficiary countries, as the case may 
be, under the criteria described in sections 212(b),

[[Page 41483]]

212(c), and 213(b)(5)(B) of the CBERA, as amended, and provided below. 
Other issues to be examined in this report include: the CBI's effect on 
the volume and composition of trade and investment between the United 
States and the Caribbean Basin beneficiary countries; and its effect in 
advancing U.S. trade policy goals as set forth in the CBTPA. The 
following countries are both CBERA and CBTPA beneficiary countries: 
Barbados, Belize, Guyana, Haiti, Jamaica, Panama, Saint Lucia, and 
Trinidad and Tobago. Antigua and Barbuda, Aruba, The Bahamas, British 
Virgin Islands, Dominica, Grenada, Montserrat, Netherlands Antilles, 
Saint Kitts and Nevis, Saint Vincent and the Grenadines currently 
receive benefits only under CBERA. The Dominican Republic, El Salvador, 
Guatemala, Honduras, Nicaragua, and Costa Rica ceased to be designated 
as beneficiary countries when the Dominican Republic--Central America--
United States Free Trade Agreement (CAFTA-DR) entered into force for 
each country. The CAFTA-DR entered into force for El Salvador on March 
1, 2006; for Honduras on April 1, 2006; for Nicaragua on April 1, 2006; 
for Guatemala on July 1, 2006; for the Dominican Republic on March 1, 
2007; and for Costa Rica on January 1, 2009. Comments on Costa Rica 
should pertain to the time period when Costa Rica was still a 
beneficiary country.

Eligibility Criteria for CBTPA Beneficiary Countries (Section 
213(b)(5)(B) of CBERA)

    In determining whether to designate a country as a CBTPA 
beneficiary country, the President must take into account the criteria 
contained in sections 212(b) and (c) of CBERA, and other appropriate 
criteria, including the following:
    (1) Whether the beneficiary country has demonstrated a commitment 
to undertake its obligations under the WTO on or ahead of schedule and 
participate in negotiations toward the completion of the FTAA or 
another free trade agreement.
    (2) The extent to which the country provides protection of 
intellectual property rights consistent with or greater than the 
protection afforded under the Agreement on Trade-Related Aspects of 
Intellectual Property Rights.
    (3) The extent to which the country provides internationally 
recognized worker rights including--
    (I) The right of association;
    (II) The right to organize and bargain collectively;
    (III) A prohibition on the use of any form of forced or compulsory 
labor;
    (IV) A minimum age for the employment of children; and
    (V) Acceptable conditions of work with respect to minimum wages, 
hours of work, and occupational safety and health.
    (4) Whether the country has implemented its commitments to 
eliminate the worst forms of child labor, as defined in section 507(6) 
of the Trade Act of 1974, as amended.
    (5) The extent to which the country has met U.S. counter-narcotics 
certification criteria under the Foreign Assistance Act of 1961.
    (6) The extent to which the country has taken steps to become a 
party to and implement the Inter-American Convention Against 
Corruption.
    (7) The extent to which the country applies transparent, 
nondiscriminatory and competitive procedures in government procurement, 
and contributes to efforts in international fora to develop and 
implement rules on transparency in government procurement.
    Additionally, before a country can receive benefits under the 
CBTPA, the President must also determine that the country has satisfied 
the requirements of section 213(b)(4)(A)(ii) of CBERA (19 U.S.C. 
2703(b)(4)(A)(ii)) relating to the implementation of procedures and 
requirements similar in all material aspects to the relevant procedures 
and requirements contained in chapter 5 of the North American Free 
Trade Agreement.
    Requirements for Submissions. Persons submitting comments must do 
so in English and must identify (on the first page of the submission) 
the ``CBI Report to Congress.'' Written comments must be received by 
September 30, 2009.
    In order to ensure the most timely and expeditious receipt and 
consideration of comments, USTR has arranged to accept on-line 
submissions via http://www.regulations.gov. To submit comments via 
http://www.regulations.gov, enter docket number USTR-2009-0023 on the 
home page and click ``go.'' The site will provide a search-results page 
listing all documents associated with this docket. Find a reference to 
this notice by selecting ``Notice'' under ``Document Type'' on the left 
side of the search-results page, and click on the link entitled ``Send 
a Comment or Submission.'' (For further information on using the http://www.regulations.gov Web site, please consult the resources provided on 
the Web site by clicking on ``How to Use This Site'' on the left side 
of the home page.)
    The http://www.regulations.gov Web site provides the option of 
making submissions by filling in a ``General Comments'' field, or by 
attaching a document. We expect that most submissions will be provided 
in an attached document. If a document is attached, it is sufficient to 
type ``See attached'' in the ``General Comments'' field.
    Submissions in Microsoft Word (.doc) or Adobe Acrobat (.pdf) are 
preferred. If an application other than those two is used, please 
identify in your submission the specific application used. For any 
comments submitted electronically containing business confidential 
information, the file name of the business confidential version should 
begin with the characters ``BC'' and must be submitted separately from 
the public version. Any page containing business confidential 
information must be clearly marked ``BUSINESS CONFIDENTIAL'' on the top 
of that page. If you file comments containing business confidential 
information you must also submit a public version of the comments under 
a separate submission. The file name of the public version should begin 
with the character ``P''. The ``BC'' and ``P'' should be followed by 
the name of the person or entity submitting the comments. If you submit 
comments that contain no business confidential information, the file 
name should begin with the character ``P'', followed by the name of the 
person or entity submitting the comments. Electronic submissions should 
not attach separate cover letters; rather, information that might 
appear in a cover letter should be included in the comments you submit. 
Similarly, to the extent possible, please include any exhibits, 
annexes, or other attachments to a submission in the same file as the 
submission itself and not as separate files.
    We strongly urge submitters to use electronic filing. If an on-line 
submission is impossible, alternative arrangements must be made with 
Ms. Blue prior to delivery for the receipt of such submissions. Ms. 
Blue may be contacted at (202) 395-3475. General information concerning 
the Office of the United States Trade Representative may be obtained by 
accessing its Internet Web site (http://www.ustr.gov).

Carmen Suro-Bredie,
Chairman, Trade Policy Staff Committee.
[FR Doc. E9-19650 Filed 8-14-09; 8:45 am]
BILLING CODE 3190-W9-P