[Federal Register Volume 75, Number 162 (Monday, August 23, 2010)]
[Notices]
[Pages 51869-51870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20756]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. USTR-2010-0023]


CAFTA-DR Consultation Request Regarding Guatemala's Apparent 
Failure to Effectively Enforce its Labor Laws

AGENCY: Office of the United States Trade Representative.

ACTION: Notice; request for comments.

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SUMMARY: The Office of the United States Trade Representative (USTR) is 
providing notice that on July 30, 2010, pursuant to the Labor Chapter 
(Chapter 16) of the Dominican Republic-Central America-United States 
Free Trade Agreement (CAFTA-DR), the United States requested 
consultations with the Government of Guatemala to discuss Guatemala's 
apparent failure to meet its obligation under Article 16.2.1(a) to 
effectively enforce its labor laws. The consultations request may be 
found at http://www.ustr.gov/trade-agreements/free-trade-agreements/cafta-dr-dominican-republic-central-america-fta/kirk-solis-le. USTR 
invites written comments from the public concerning the issues that 
will be raised in consultations.

DATES: Although USTR will accept any comments received during the 
course of the consultations, comments should be submitted on or before 
September 22, 2010 to be assured of timely consideration by USTR.

ADDRESSES: Public comments should be submitted electronically to http://www.regulations.gov, docket number USTR-2010-0023. If you are unable 
to provide submissions through http://www.regulations.gov, please 
contact Sandy McKinzy at (202) 395-9483 to arrange for an alternative 
method of transmission. If (as explained below) the comment contains 
confidential information, then the comment should be submitted by fax 
only to Sandy McKinzy at (202) 395-3640.

FOR FURTHER INFORMATION CONTACT: Carlos Quintana, Special Counsel for 
Trade and Labor, Office of the United States Trade Representative, 600 
17th Street, NW., Washington, DC 20508, (202) 395-9439.

SUPPLEMENTARY INFORMATION: On July 30, 2010, the United States 
requested consultations with the Government of Guatemala to discuss 
issues and matters related to Guatemala's obligations under Article 
16.2.1(a) of the CAFTA-DR, as well as under Chapter Sixteen of the 
CAFTA-DR more broadly. Article 16.2.1(a) requires that ``[a] Party 
shall not fail to effectively enforce its labor

[[Page 51870]]

laws, through a sustained or recurring course of action or inaction, in 
a manner affecting trade between the Parties, after the date of entry 
into force of this Agreement.'' The consultations were requested 
pursuant to Article 16.6.1 of the CAFTA-DR, which states that ``[a] 
Party may request consultations with another Party regarding any matter 
arising under this Chapter. * * *''

Issues Raised by the United States

    In its request for consultations, the United States notes that the 
Government of Guatemala appears to be failing to meet its obligations 
under Article 16.2.1(a) with respect to effective enforcement of 
Guatemalan labor laws related to the right of association, the right to 
organize and bargain collectively, and acceptable conditions of work. 
Based on an extensive examination of Guatemala's labor laws, collection 
of factual evidence, and analysis of Guatemala's obligations under 
Article 16.2.1(a), the United States identified a significant number of 
failures by Guatemala to enforce its labor laws, constituting a 
sustained or recurring course of action or inaction. Failures include: 
(1) Ministry of Labor failures to investigate alleged labor law 
violations; (2) Ministry of Labor failures to take enforcement action 
once the Ministry identified a labor law violation, and (3) Court 
failures to enforce Labor Court orders in cases involving labor law 
violations.

Public Comment: Requirements for Submissions

    Interested persons are invited to submit written comments 
concerning the issues that will be raised in consultations. Persons may 
submit public comments electronically to http://www.regulations.gov 
docket number USTR-2010-0023. If you are unable to provide submissions 
by http://www.regulations.gov, please contact Sandy McKinzy at (202) 
395-9483 to arrange for an alternative method of transmission.
    To submit comments via http://www.regulations.gov, enter docket 
number 2010-0023 on the home page and click ``search''. 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 ``Submit a Comment.'' (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 www.regulations.gov site provides the option of providing 
comments by filling in a ``Type Comment and Upload File'' field, or by 
attaching a document. It is expected that most comments will be 
provided in an attached document. If a document is attached, it is 
sufficient to type ``See attached'' in the ``Type Comment and Upload 
File'' field.
    A person requesting that information contained in a comment 
submitted by that person be treated as confidential business 
information must certify that such information is business confidential 
and would not customarily be released to the public by the submitter. 
Confidential business information must be clearly designated as such 
and the submission must be marked ``BUSINESS CONFIDENTIAL'' at the top 
and bottom of the cover page and each succeeding page. Any comment 
containing business confidential information must be submitted by fax 
to Sandy McKinzy at (202) 395-3640. A non-confidential summary of the 
confidential information must be submitted to www.regulations.gov. The 
non-confidential summary will be placed in the docket and open to 
public inspection.
    Information or advice contained in a comment submitted, other than 
business confidential information, may be determined by USTR to be 
confidential in accordance with section 135(g)(2) of the Trade Act of 
1974 (19 U.S.C. 2155(g)(2)). If the submitter believes that information 
or advice may qualify as such, the submitter--
    (1) Must clearly so designate the information or advice;
    (2) Must clearly mark the material as ``SUBMITTED IN CONFIDENCE'' 
at the top and bottom of the cover page and each succeeding page; and
    (3) Must provide a non-confidential summary of the information or 
advice.

Any comment containing confidential information must be submitted by 
fax. A non-confidential summary of the confidential information must be 
submitted to http://www.regulations.gov. The non-confidential summary 
will be placed in the docket and open to public inspection.
    USTR will maintain a docket on this matter accessible to the 
public. The public file will include non-confidential comments received 
by USTR from the public with respect to this matter.
    Comments will be placed in the docket and open to public inspection 
pursuant to 15 CFR 2006.13, except confidential business information 
exempt from public inspection in accordance with 15 CFR 2006.15 or 
information determined by USTR to be confidential in accordance with 19 
U.S.C. 2155(g)(2). Comments open to public inspection may be viewed on 
the www.regulations.gov Web site.

Elissa M. Alben,
Acting Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 2010-20756 Filed 8-20-10; 8:45 am]
BILLING CODE 3190-W0-P