[Federal Register Volume 76, Number 143 (Tuesday, July 26, 2011)]
[Notices]
[Pages 44609-44610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18737]


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DEPARTMENT OF LABOR

Office of the Secretary


United States-Peru Trade Promotion Agreement Notice of 
Determination Regarding Review of Submission 2010-03

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 July 19, 2011, Submission 2010-03 was accepted for review 
pursuant to Article 17.2 of Chapter 17 (the Labor Chapter) of the 
United States-Peru Trade Promotion Agreement (PTPA).
    The submission was filed with OTLA on December 29, 2010, by a 
Peruvian union, the Sindicato Nacional de Unidad de Trabajadores de 
Superintendencia Nacional de Administraci[oacute]n Tributaria (SINAUT-
SUNAT). The submission alleges the Government of Peru has violated 
Article 17.2 of the Labor Chapter of the PTPA by failing to adopt and 
maintain in its statutes and regulations, and practices thereunder, the 
effective recognition of the right to collective bargaining as stated 
in the International Labour Organization's Declaration on Fundamental 
Principles and Rights at Work and its Follow-Up. SINAUT-SUNAT alleges 
that the employer, Superintendencia Nacional de Administraci[oacute]n 
Tributaria (SUNAT) has refused to negotiate in good faith and engage 
constructively at various stages of the collective bargaining process, 
as required by Peruvian law. These allegations are supported by facts 
which, if substantiated, could demonstrate that the Government of 
Peru's actions were inconsistent with its commitments under the Labor 
Chapter.
    The objective of the review of the submission will be to gather 
information so that OTLA can better understand the allegations therein 
and publicly report on the U.S. Government's views regarding whether 
the Government of Peru's actions were consistent with its obligations 
under the Labor Chapter of the PTPA.

DATES: Effective Date: July 15, 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 17.5.5(c) of the Labor Chapter of 
the PTPA 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 pursuant to Article 17.5.6, shall review such 
communications in accordance with domestic procedures. On December 14, 
2006, the Department of Labor's OTLA was designated as the contact 
point for administering the labor provisions in free trade agreements, 
including the PTPA [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

[[Page 44610]]

the definitions contained in the Procedural Guidelines (Section B) a 
``submission'' is ``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 or Part Two of the NAALC.'' Pursuant to Section 
F.2, the submission shall identify clearly the person filing the 
submission and shall be signed and dated. It shall state with 
specificity the matters that the submitter requests the OTLA to 
consider and include supporting information available to the submitter, 
including, wherever possible, copies of laws or regulations that are 
the subject of the submission.
    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 
submission and significant, new information has been furnished that 
would substantially differentiate the submission from the one 
previously filed.
    In the present case, a Peruvian union, the Sindicato Nacional de 
Unidad de Trabajadores de Superintendencia Nacional de 
Administraci[oacute]n Tributaria (SINAUT-SUNAT) that represents workers 
at the National Superintendency of Tax Administration (SUNAT) filed a 
submission with OTLA on December 29, 2010, which alleges that the 
Government of Peru, through SUNAT, has failed to live up to its 
commitments under Article 17.2.1 of the PTPA by not effectively 
recognizing the right to collective bargaining. The submission alleges 
that the Government of Peru is failing to comply with the legal 
requirements for collective bargaining by denying the union's request 
to submit their dispute to arbitration after a prolonged negotiation 
and conciliation process has failed to resolve the dispute.
    After reviewing the submission, and additional supplementary 
information provided by the submitters, OTLA finds that the submission 
raises pertinent issues that would further the objectives of the Labor 
Chapter and that could, if substantiated, constitute a failure of the 
Government of Peru to comply with its PTPA commitments. The submission 
meets the filing requirements established in Section F.2 of the OTLA 
Procedural Guidelines and is not substantially similar to a recent 
submission. The submitters have sought appropriate relief under 
domestic laws and procedures. 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 objective of the review of 
the submission will be to gather information so that OTLA can better 
understand the allegations therein and publicly report on the U.S. 
Government's views regarding whether the Government of Peru's actions 
were consistent with the obligations set forth in the Labor Chapter of 
the PTPA. 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 July 19, 2011.
Sandra Polaski,
Deputy Undersecretary, International Affairs.
[FR Doc. 2011-18737 Filed 7-25-11; 8:45 am]
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