[Federal Register Volume 76, Number 250 (Thursday, December 29, 2011)]
[Notices]
[Pages 81984-81985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33478]


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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 
Extension of the Period of Review for 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) in the Bureau of 
International Labor Affairs of the U.S. Department of Labor has 
determined that an extension of time is required for its review of a 
public submission concerning Bahrain filed under Chapter Fifteen (the 
Labor Chapter) of the Bahrain--United States Free Trade Agreement 
(FTA).
    The submission was received on April 21, 2011 from the American 
Federation of Labor and Congress of Industrial Organizations (AFL-CIO) 
and alleges actions by the Government of Bahrain that, if 
substantiated, would be inconsistent with Bahrain's commitments under 
the FTA Labor Chapter.
    OTLA accepted the submission for review on June 10, 2011, in 
accordance with its published procedures and standards for acceptance. 
Acceptance of the submission for review does not imply a finding that 
the allegations are

[[Page 81985]]

true. Rather, it triggers a 180-day fact-finding and review period 
(unless circumstances as determined by OTLA require an extension of 
time) that results in the issuance of a public report of any findings 
and recommendations.
    As part of its ongoing review, OTLA sent a delegation to Bahrain 
from October 22-26, 2011 to gather information on issues raised by the 
public submission. The Department of Labor delegation met with 
representatives from the Government of Bahrain, Bahraini trade unions, 
employers' organizations, employers, workers, and other groups with 
information relevant to the submission.
    Due to the receipt of recent information relevant to the submission 
and the thorough on-going review process, OTLA has determined that the 
circumstances require an extension of time. The extension of time is 
necessary to permit adequate consideration of several recent 
developments:
     The Government of Bahrain has recently made commitments to 
the U.S. government and to the Bahraini public to promptly and 
favorably resolve the matters at issue in the AFL-CIO submission. It is 
important for OTLA to assess the progress made in coming weeks towards 
prompt and favorable resolution;
     OTLA has recently received a substantial amount of 
information and a large volume of documents, requiring careful study 
and analysis. Several hundred pages of documents in Arabic require 
translation;
     OTLA's visit to Bahrain for first hand collection of 
documentary and interview information, the source of much of the most 
substantive and relevant information, was twice delayed, to accommodate 
the schedule of elections in Bahrain and at the request of the 
Government of Bahrain; and
     There have been other recent developments in response to 
the issues raised by the AFL-CIO submission, and on matters closely 
related to them. It is important that there be sufficient opportunity 
to assess the Government of Bahrain's response to them. These include 
the issuance of the Report of the Bahrain Independent Commission of 
Inquiry and the proposal of the Government of Bahrain to the Governing 
Body of the International Labor Organization (ILO) to constitute a 
tripartite committee to address the issue of workplace dismissals and 
reinstatements, to avail itself of the independent legal advice of the 
ILO, and to report to the ILO Director General and to the ILO Governing 
Body.
    OTLA will continue to give this matter the highest priority and to 
devote the resources necessary to completing the review as 
expeditiously as possible.

DATES: Effective Date: December 7, 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 
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 Government of Bahrain 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 December 22, 2011.
Carol Pier,
Associate Deputy Undersecretary, International Affairs.
[FR Doc. 2011-33478 Filed 12-28-11; 8:45 am]
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