[Federal Register Volume 76, Number 116 (Thursday, June 16, 2011)]
[Notices]
[Pages 35244-35245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14893]


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DEPARTMENT OF LABOR

Office of the Secretary


Bureau of International Labor Affairs; Office of Trade and Labor 
Affairs; Bahrain--United States Free Trade Agreement; Notice of 
Determination Regarding Review of Submission 2011-01

AGENCY: Bureau of International Labor Affairs, U.S. Department of 
Labor.

ACTION: Notice.

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SUMMARY: The Office of Trade and Labor Affairs (OTLA) gives notice that 
on June 10, 2011, Submission 2011-01 was accepted for review 
pursuant to Article 15.4.2 of Chapter Fifteen (the Labor Chapter) of 
the Bahrain--United States Free Trade Agreement.
    The submission was filed with OTLA on April 21, 2011, by the 
American Federation of Labor and Congress of Industrial Organizations, 
with a statement from the General Federation of Bahrain Trade Unions. 
The submission alleges the Government of Bahrain has violated Article 
15.1.1 of the Labor Chapter of the Bahrain--United States Free Trade 
Agreement by failing to fulfill its obligations and commitments under 
the International Labour Organization Declaration on Fundamental 
Principles and Rights at Work and its Follow-up with regard to the 
rights of association and non-discrimination against trade unionists. 
These allegations were supported by specific factual descriptions 
which, if substantiated, could demonstrate that the Government of 
Bahrain's actions were inconsistent with its commitments under the 
Labor Chapter.
    The objectives of the review of the submission will be to gather 
information so that OTLA can better understand and publicly report on 
the U.S. Government's views regarding whether the Government of 
Bahrain's actions were consistent with the obligations set forth in the 
Labor Chapter of the Bahrain--United States Free Trade Agreement.

DATES: Effective date: June 10, 2011.

FOR FURTHER INFORMATION CONTACT: Gregory Schoepfle, Director, OTLA, 
U.S. Department of Labor, 200 Constitution Avenue, NW., Room S-5303, 
Washington, DC 20210. Telephone: (202) 693-4900 (this is not a toll-
free number).

SUPPLEMENTARY INFORMATION: Article 15.4.2 of the Labor Chapter of the 
Bahrain--United States Free Trade Agreement establishes that each 
Party's contact point shall provide for the submission, receipt, and 
consideration of communications from persons of a Party on matters 
related to provisions of the Labor Chapter and shall review such 
communications in accordance with domestic procedures. On December 14, 
2006, the Department of Labor's OTLA was designated as the office to 
serve as the contact point for administering the labor provisions in 
free trade agreements, including the Bahrain--United States Free Trade 
Agreement. 71 FR 76691 (2006). The same Federal Register notice 
informed the public of the Procedural Guidelines that OTLA would follow 
for the receipt and review of public submissions. These Procedural 
Guidelines are available at http://www.dol.gov/ilab/programs/otla/proceduralguidelines.htm. According to the definitions contained in the 
Procedural Guidelines (Section B) a ``submission,'' as used in the 
guidelines, means ``a communication from the public containing specific 
allegations, accompanied by relevant supporting information, that 
another Party has failed to meet its commitments or obligations arising 
under a labor chapter * * *.''
    The Procedural Guidelines specify that OTLA shall consider six 
factors, to the extent that they are relevant, in determining whether 
to accept a submission for review:
    1. Whether the submission raises issues relevant to any matter 
arising under a labor chapter;
    2. Whether a review would further the objectives of a labor 
chapter;
    3. Whether the submission clearly identifies the person filing the 
submission, is signed and dated, and is sufficiently specific to 
determine the nature of the request and permit an appropriate review;
    4. Whether the statements contained in the submission, if 
substantiated, would constitute a failure of the other Party to comply 
with its obligations or commitments under a labor chapter;
    5. Whether the statements contained in the submission or available 
information demonstrate that appropriate relief has been sought under 
the domestic laws of the other Party, or that the matter or a related 
matter is pending before an international body; and,
    6. Whether the submission is substantially similar to a recent

[[Page 35245]]

submission and significant, new information has been furnished that 
would substantially differentiate the submission from the one 
previously filed.
    The submission raises pertinent issues that would further the 
objectives of the Labor Chapter and that would, if substantiated, 
constitute a failure of the GOB to comply with its FTA commitments. The 
submission provides new information and was filed in a correct and 
complete manner with an allegation that is specific enough to be 
investigated. The affected trade unionists have attempted to engage in 
dialogue with the Government of Bahrain regarding the allegations 
contained in the submission. The OTLA has taken these factors into 
account and accepted the submission for review.
    OTLA's decision to accept the submission for review is not intended 
to indicate any determination as to the validity or accuracy of the 
allegations contained in the submission. The objectives of the review 
of the submission will be to gather information so that OTLA can better 
understand and publicly report on the U.S. Government's views regarding 
whether the Government of Bahrain's actions were consistent with the 
obligations set forth in the Labor Chapter of the Bahrain--United 
States Free Trade Agreement. The review will be completed and a public 
report issued within 180 days, unless circumstances, as determined by 
OTLA, require an extension of time, as set out in the Procedural 
Guidelines. The public report will include a summary of the review 
process, as well as findings and recommendations.

    Signed at Washington, DC, on June 10, 2011.
Sandra Polaski,
Deputy Undersecretary, International Affairs.
[FR Doc. 2011-14893 Filed 6-15-11; 8:45 am]
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