[Federal Register Volume 75, Number 18 (Thursday, January 28, 2010)]
[Notices]
[Pages 4607-4610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1778]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Free Trade Agreements; Invitation for Applications for Inclusion 
on Dispute Settlement Rosters for the U.S.-Chile Free Trade Agreement 
(``FTA''), the Dominican Republic-Central America-United States FTA, 
the North American FTA, and the U.S.-Peru Trade Promotion Agreement

AGENCY: Office of the United States Trade Representative (``USTR'').

ACTION: Invitation for Applications.

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SUMMARY: A number of trade agreements to which the United States is a 
party call for the parties to establish rosters of persons available to 
serve on dispute settlement panels to hear disputes under those 
agreements. These agreements include the United States-Chile Free Trade 
Agreement, the Dominican Republic-Central America-United States Free 
Trade Agreement (``CAFTA-DR''), the North American Free Trade Agreement 
(``NAFTA''), and the United States-Peru Trade Promotion Agreement. In 
some instances, an agreement will call for the establishment of more 
than one roster. For example, the CAFTA-DR requires the establishment 
of four rosters of individuals who would be available to serve as 
panelists in dispute settlement proceedings arising under that 
agreement: a general roster and rosters for disputes concerning 
financial services, labor, and environment matters. USTR is inviting 
interested persons to apply to be on one or more of these several 
rosters under the various agreements.

DATES: Applications should be received no later than March 15, 2010 to 
be assured of consideration.

ADDRESSES: Applications should be submitted electronically to http://www.regulations.gov, docket number USTR-2010-0007. If you are unable to 
submit an application using http://www.regulations.gov, please contact 
Sandy McKinzy at (202) 395-9483 to arrange for an alternative method of 
transmission.

FOR FURTHER INFORMATION CONTACT: For information regarding the form of 
the application, contact Sandy McKinzy, Legal Technician, USTR Office 
of Monitoring and Enforcement, at (202) 395-3582. For other inquiries, 
contact Mar[iacute]a L. Pag[aacute]n, Associate General Counsel, at 
(202) 395-7305 (for the U.S.-Chile FTA and U.S.-Peru TPA), Leigh Bacon, 
Associate General Counsel, at (202) 395-5859 (for the CAFTA-DR), and 
Suzanne Garner, Assistant General Counsel, at (202) 395-9663 (for the 
NAFTA).

SUPPLEMENTARY INFORMATION: USTR is seeking applications from interested 
persons to serve on any of the rosters under any of the listed 
agreements. The details for how to apply are provided below as is a 
short description of the rosters for each agreement. A person is free 
to apply for a single roster or any combination of rosters. Through 
this Federal Register Notice, USTR will accept applications from U.S. 
citizens and nationals of other countries.

Dispute Settlement Mechanism of U.S.-Chile Free Trade Agreement

    The Chile FTA sets out detailed procedures for the resolution of 
disputes over compliance with the obligations set out in the agreement. 
Dispute settlement involves three stages: (1) Lower level consultations 
between the Parties to try to arrive at a mutually satisfactory 
resolution of the matter; (2) cabinet-level consultations; and, (3) 
resort to a neutral panel to make a determination as to whether a Party 
is in compliance with its obligations under the agreement. The panel is 
composed of three individuals chosen by the Parties.
    The Chile FTA requires the establishment of a general dispute 
settlement roster from which panelists shall normally be selected. The 
roster must be comprised of at least 20 individuals, six of whom should 
be non-nationals of either Party. Once established, the roster remains 
in effect for a minimum of three years. See Chile FTA, Article 22.7. 
The Chile FTA also requires the establishment of three additional 
rosters, one each for disputes under the Financial Services Chapter 
(Chapter Twelve), the Labor Chapter (Chapter Eighteen), and the 
Environment Chapter (Chapter Nineteen). The financial services roster 
must be comprised of up to 10 individuals, up to four of whom must be 
non-nationals of either Party. See Chile FTA, Article 12.17. The labor 
roster must be comprised of up to 12 individuals, four of whom must be 
non-nationals of either Party. See Chile FTA, Article 18.7. The 
environment roster must be comprised of at least 12 individuals, four 
of whom must be non-nationals of either Party. See Chile FTA, Article 
19.7.

[[Page 4608]]

    Upon each request for establishment of a panel, potential panelists 
will be requested to complete a disclosure form, which will be used to 
identify possible conflicts of interest or appearances thereof. The 
disclosure form requests information regarding financial interests and 
affiliations, including information regarding the identity of clients 
of the potential panelist and, if applicable, clients of the potential 
panelist's firm.
    The text of the Chile FTA can be found through the Office of the 
U.S. Trade Representative Web site (http://www.ustr.gov/trade-agreements/free-trade-agreements).

Criteria for Eligibility for Qualification as Panelist

    To qualify as a panelist for the general roster an individual must: 
(1) Have expertise or experience in law, international trade, other 
matters covered by the Agreement, or the resolution of disputes arising 
under international trade agreements; (2) be objective, reliable, and 
possess sound judgment; (3) be independent of, and not be affiliated 
with or take instructions from any Party; and (4) comply with a code of 
conduct.
    To qualify as a panelist for the financial services roster an 
individual must have expertise or experience in financial services law 
or practice, which may include the regulation of financial 
institutions, and meet the qualifications set out in (2) through (4) 
above.
    To qualify as a panelist for the labor roster an individual must 
have expertise or experience in labor law or its enforcement, or in the 
resolution of disputes arising under international agreements, and meet 
the qualifications set out in (2) through (4) above.
    To qualify as a panelist for the environment roster an individual 
must have expertise or experience in environmental law or its 
enforcement, international trade, or the resolution of disputes arising 
under international trade agreements, and meet the qualifications set 
out in (2) through (4) above.

Dispute Settlement Under the Dominican Republic-Central America-United 
States Free Trade Agreement

    The CAFTA-DR is a plurilateral agreement in force between the 
United States, Costa Rica, the Dominican Republic, El Salvador, 
Guatemala, Honduras, and Nicaragua (``CAFTA-DR Parties''). The CAFTA-DR 
sets out detailed procedures for the resolution of disputes arising 
under the Agreement. Dispute settlement involves three stages: (1) 
Lower level consultations between the disputing CAFTA-DR Parties to try 
to arrive at a mutually satisfactory resolution of the matter; (2) 
cabinet-level consultations between the disputing CAFTA-DR Parties; 
and, (3) resort to a neutral panel to make a determination regarding 
the matter at issue between the disputing CAFTA-DR Parties. The panel 
is composed of three individuals chosen by the disputing CAFTA-DR 
Parties.
    The CAFTA-DR requires the establishment of a general dispute 
settlement roster from which panelists shall normally be selected. The 
roster is to be composed of up to 70 individuals, up to 14 of whom are 
to be individuals who are not a national of any CAFTA-DR Party. Once 
established, the roster remains in effect for a minimum of three years. 
See CAFTA-DR Article 20.7. The CAFTA-DR also requires the establishment 
of three additional rosters, one each for disputes arising under 
Chapter Twelve (Financial Services), Chapter Sixteen (Labor), and 
Chapter Seventeen (Environment). Each of these three rosters shall 
remain in effect for a minimum of three years and is to be composed of 
up to 28 individuals, up to seven of whom are to be individuals who are 
not a national of any CAFTA-DR Party. See CAFTA-DR Articles 12.18, 
16.7, and 17.11.
    Upon each request for establishment of a panel, potential panelists 
may be requested to complete a disclosure form, which could be used to 
identify possible conflicts of interest or appearances thereof. The 
disclosure form may request information regarding financial interests 
and affiliations, including information regarding the identity of 
clients of the potential panelist and, if applicable, clients of the 
potential panelist's firm.
    The text of the CAFTA-DR can be found through the Office of the 
U.S. Trade Representative Web site (http://www.ustr.gov/trade-agreements/free-trade-agreements).

Criteria for Eligibility for Inclusion on a CAFTA-DR Roster

    To qualify for inclusion on the general roster an applicant must: 
(1) Have expertise or experience in law, international trade, other 
matters covered by the Agreement, or the resolution of disputes arising 
under international trade agreements; (2) be objective, reliable, and 
possess sound judgment; (3) be independent of, and not be affiliated 
with or take instructions from any CAFTA-DR Party; and (4) comply with 
a code of conduct.
    To qualify for inclusion on the financial services roster an 
applicant must have expertise or experience in financial services law 
or practice, which may include the regulation of financial 
institutions, and meet the qualifications set out in (2) through (4) 
above.
    To qualify for inclusion on the labor roster an applicant must have 
expertise or experience in labor law or its enforcement, international 
trade, or the resolution of disputes arising under international 
agreements, and meet the qualifications set out in (2) through (4) 
above.
    To qualify for inclusion on the environment roster an applicant 
must have expertise or experience in environmental law or its 
enforcement, international trade, or the resolution of disputes arising 
under international trade or environmental agreements, and meet the 
qualifications set out in (2) through (4) above.
    The United States seeks applications for inclusion on the rosters 
from qualified persons.

Dispute Settlement under NAFTA Chapter Twenty

    Procedures under Chapter Twenty of the NAFTA apply to the avoidance 
or settlement of most types of disputes between the Parties arising 
under the NAFTA. If the NAFTA Parties cannot settle a dispute through 
consultations, they may convene a dispute settlement panel to consider 
the matter.

Chapter Twenty Roster and Composition of Panels

    Article 2009 of the NAFTA provides for a roster of up to 30 persons 
to serve on Chapter Twenty dispute settlement panels. A separate five-
member panel is formed for each dispute. Panelists normally are 
selected from the roster (although non-roster panelists may be 
selected, for instance, when a dispute involves a matter for which a 
particular expertise not reflected on the roster would be helpful). For 
each case, roster members under consideration to serve as a panelist 
will be requested to complete a disclosure form, which is used to 
identify possible conflicts of interest or appearances thereof. The 
disclosure form requests information regarding financial interests and 
affiliations, including information regarding the identity of any 
clients the roster member may have and, if applicable, clients of the 
roster member's firm.

Criteria for Eligibility for Inclusion on Chapter Twenty Roster

    Article 2009 provides that roster members shall (1) have expertise 
or experience in law, international trade, other matters covered by the 
NAFTA or the resolution of disputes arising under trade agreements, and 
shall be chosen

[[Page 4609]]

strictly on the basis of objectivity, reliability and sound judgment; 
(2) be independent of, and not be affiliated with or take instructions 
from, any Party; and (3) comply with the code of conduct for Chapter 
Twenty panelists.
    The text of the NAFTA can be found through the Office of the U.S. 
Trade Representative Web site (http://www.ustr.gov/trade-agreements/free-trade-agreements).

Dispute Settlement under the United States-Peru Trade Promotion 
Agreement

    The PTPA is a bilateral agreement in force between the United 
States and Peru (the ``Parties''). The PTPA sets out detailed 
procedures for the resolution of disputes arising under the Agreement. 
Dispute settlement involves three stages: (1) Lower level consultations 
between the Parties to try to arrive at a mutually satisfactory 
resolution of the matter; (2) cabinet-level consultations between the 
Parties; and, (3) resort to a neutral panel to make a determination 
regarding the matter at issue between the Parties. The panel is 
composed of three individuals chosen by the Parties.
    The PTPA requires the establishment of an indicative roster from 
which panelists may be selected by lot if the Parties have otherwise 
failed to appoint panelists. The indicative roster is to be composed of 
eight individuals, two of whom are to be individuals who are not a 
national of either Party. Once established, the roster remains in 
effect for a minimum of three years. See PTPA Articles 21.7 and 21.9.
    Upon each request for establishment of a panel, potential panelists 
may be requested to complete a disclosure form, which could be used to 
identify possible conflicts of interest or appearances thereof. The 
disclosure form may request information regarding financial interests 
and affiliations, including information regarding the identity of 
clients of the potential panelist and, if applicable, clients of the 
potential panelist's firm.
    The text of the PTPA can be found through the Office of the U.S. 
Trade Representative Web site (http://www.ustr.gov/trade-agreements/free-trade-agreements).

Criteria for Eligibility for Inclusion on the PTPA Indicative Roster

    To qualify for inclusion on the indicative roster an applicant 
must: (1) Have expertise or experience in law, international trade, 
other matters covered by the Agreement, or the resolution of disputes 
arising under international trade agreements; (2) be objective, 
reliable, and possess sound judgment; (3) be independent of, and not be 
affiliated with or take instructions from either Party; and (4) comply 
with a code of conduct.
    The United States seeks applications for inclusion on the 
indicative roster from qualified persons.

Procedures for Selection of Roster Members

    An interagency committee chaired by USTR prepares a preliminary 
list of candidates eligible for inclusion on the various rosters. After 
consultation with the Committee on Ways and Means of the House of 
Representatives and the Committee on Finance of the Senate, USTR 
selects the final list of individuals that the United States will 
nominate for inclusion on the rosters. The members of a roster under a 
particular agreement are appointed by consensus of the parties to the 
agreement.

Applications

    Eligible individuals who wish to be considered for inclusion on one 
or more of the rosters are invited to submit applications. Persons who 
previously submitted an application for a CAFTA-DR roster in response 
to the April 13, 2009 Federal Register Notice do not need to re-submit 
their application, but should simply indicate that they remain 
interested, should update any information in that application, and 
should indicate whether they also wish to be considered for any other 
roster under this notice.
    Persons submitting applications should submit one copy 
electronically to http://www.regulations.gov, docket number USTR-2010-
0007. If you are unable to submit an application using http://www.regulations.gov, please contact Sandy McKinzy at (202) 395-9483 to 
arrange for an alternative method of transmission.
    Applications must be typewritten, and should be headed 
``Application for Inclusion on a Roster.'' Applicants must specify for 
which of the agreements and, where applicable, for which roster under 
the agreement they wish to be considered (for example, General, 
Financial Services, Labor, or Environment). Applicants may specify more 
than one roster. Applications should include the following information, 
and each section of the application should be numbered as indicated:

1. Name of the applicant.
2. Business address, telephone number, fax number, and e-mail address.
3. Citizenship(s).
4. Current employment, including title, description of responsibility, 
and name and address of employer.
5. Relevant education and professional training.
6. Spanish or French language fluency, written and spoken.
7. Post-education employment history, including the dates and addresses 
of each prior position and a summary of responsibilities.
8. Relevant professional affiliations and certifications, including, if 
any, current bar memberships in good standing.
9. A list and copies of publications, testimony, and speeches, if any, 
concerning the relevant area of expertise. Judges or former judges 
should list relevant judicial decisions. Only one copy of publications, 
testimony, speeches, and decisions need be submitted.
10. A list of international trade proceedings or domestic proceedings 
relating to international trade matters or other relevant matters in 
which the applicant has provided advice to a party or otherwise 
participated.
11. Summary of any current and past employment by, or consulting or 
other work for, the Government of the United States and the 
Government(s) of the other party(ies) to each agreement for which the 
applicant is applying (i.e., Canada, Chile, Costa Rica, the Dominican 
Republic, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, or 
Peru).
12. The names and nationalities of all foreign principals for whom the 
applicant is currently or has previously been registered pursuant to 
the Foreign Agents Registration Act, 22 U.S.C. 611 et seq., and the 
dates of all registration periods.
13. A short statement of qualifications and availability for service on 
dispute settlement panels under the relevant agreement, including 
information relevant to the applicant's familiarity with international 
trade law and relevant area(s) for the roster(s) for which the 
applicant seeks to be considered, and willingness and ability to make 
time commitments necessary for service on panels.
14. On a separate page, the names, addresses, telephone and fax numbers 
of three individuals willing to provide information concerning the 
applicant's qualifications for service, including the applicant's 
character, reputation, reliability, judgment, and familiarity with the 
relevant area of expertise.

[[Page 4610]]

Public Disclosure

    Applications normally will not be subject to public disclosure and 
will not be posted publicly on http://www.regulations.gov. Applications 
may be shared with other agencies, the Committee on Ways and Means of 
the House of Representatives, the Committee on Finance of the Senate, 
and the Government(s) of the other Party(ies) for their consideration 
in determining whether to appoint persons to the rosters.

False Statements

    False statements by an applicant regarding his or her personal or 
professional qualifications, or financial or other relevant interests 
that bear on the applicant's suitability for placement on a roster or 
appointment to a panel are subject to criminal sanctions under 18 
U.S.C. 1001.

Paperwork Reduction Act

    This notice contains a collection of information provision subject 
to the Paperwork Reduction Act (``PRA'') that has been approved by the 
Office of Management and Budget (``OMB''). Notwithstanding any other 
provision of law, no person is required to respond to nor shall a 
person be subject to a penalty for failure to comply with a collection 
of information subject to the requirements of the PRA unless that 
collection of information displays a currently valid OMB number. This 
notice's collection of information burden is only for those persons who 
wish voluntarily to apply for inclusion on a roster. It is expected 
that the collection of information burden will be under three hours. 
This collection of information contains no annual reporting or 
recordkeeping burden. This collection of information was approved by 
OMB under OMB Control Number 0350-0014. Please send comments regarding 
the collection of information burden or any other aspect of the 
information collection to USTR at http://www.regulations.gov.

Privacy Act

    The following statements are made in accordance with the Privacy 
Act of 1974, as amended (5 U.S.C. 552a). Provision of the information 
requested above is voluntary; however, failure to provide the 
information will preclude consideration as a candidate for inclusion on 
a roster. This information is maintained in a system of records 
entitled ``Dispute Settlement Panelists Roster.'' Notice regarding this 
system of records was published in the Federal Register on November 30, 
2001. The information provided is needed, and will be used by USTR, 
other Federal government trade policy officials concerned with dispute 
settlement under the relevant agreement, and officials of the other 
Party(ies) to select well-qualified individuals for inclusion on the 
rosters and for service on dispute settlement panels.

Daniel E. Brinza,
Senior Counsel for Dispute Settlement.
[FR Doc. 2010-1778 Filed 1-27-10; 8:45 am]
BILLING CODE 3190-W0-P