[Federal Register Volume 77, Number 87 (Friday, May 4, 2012)]
[Notices]
[Pages 26599-26600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10821]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Determination Regarding Waiver of Discriminatory Purchasing 
Requirements With Respect to Goods and Services Covered by Chapter Nine 
of the United States-Colombia Trade Promotion Agreement

AGENCY: Office of the United States Trade Representative.

ACTION: Determination Regarding Waiver of Discriminatory Purchasing 
Requirements Under Trade Agreements Act of 1979.

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DATES: Effective Date: May 15, 2012.

FOR FURTHER INFORMATION CONTACT: Jean Heilman Grier, Senior Procurement 
Negotiator, Office of the United States Trade Representative, (202) 
395-9476, or Daniel Stirk, Associate General Counsel, Office of the 
United States Trade Representative, (202) 395-9617.

SUPPLEMENTARY INFORMATION: On November 22, 2006, the United States and 
Colombia entered into the United States-Colombia Trade Promotion 
Agreement (``Colombia TPA''). Chapter Nine of the Colombia TPA sets 
forth certain obligations with respect to government procurement of 
goods and services, as specified in Annex 9.1 of the Colombia TPA. On 
October 21, 2011, the President signed into law the United States-
Colombia Trade Promotion Agreement Implementation Act (``the Colombia 
TPA Act'') (Pub. L. 112-42, 125 Stat. 462 (19 U.S.C. 3805 note). In 
section 101(a) of the Colombia TPA Act, the Congress approved the 
Colombia TPA. The Colombia TPA will enter into force on May 15, 2012.
    Section 1-201 of Executive Order 12260 of December 31, 1980 (46 FR 
1653) delegates the functions of the President under Sections 301 and 
302 of the Trade Agreements Act of 1979 (``the Trade Agreements Act'') 
(19 U.S.C. 2511, 2512) to the United States Trade Representative.
    Determination: In conformity with sections 301 and 302 of the Trade 
Agreements Act and Executive Order 12260, and in order to carry out 
U.S. obligations under Chapter Nine of the Colombia TPA, I hereby 
determine that:
    1. Colombia is a country, other than a major industrialized 
country, which, pursuant to the Colombia TPA, will provide appropriate 
reciprocal competitive government procurement opportunities to United 
States products and suppliers of such products. In accordance with 
Section 301(b)(3) of the Trade Agreements Act, Colombia is so 
designated for purposes of Section 301(a) of the Trade Agreements Act.
    2. With respect to eligible products of Colombia (i.e., goods and 
services covered by the Schedule of the United States in Annex 9.1 of 
the Colombia TPA) and suppliers of such products, the application of 
any law, regulation, procedure, or practice regarding government 
procurement that would, if applied to such products and suppliers, 
result in treatment less favorable than accorded--

[[Page 26600]]

    (A) To United States products and suppliers of such products; or
    (B) To eligible products of another foreign country or 
instrumentality which is a party to the Agreement on Government 
Procurement referred to in section 101(d)(17) of the Uruguay Round 
Agreements Act (19 U.S.C. 3511(d)(17)) and suppliers of such products, 
shall be waived.
    With respect to Colombia, this waiver shall be applied by all 
entities listed in the Schedule of the United States in Annex 9.1 of 
the Colombia TPA.
    3. The designation in paragraph 1 and the waiver in paragraph 2 are 
subject to modification or withdrawal by the United States Trade 
Representative.

Ronald Kirk,
United States Trade Representative.
[FR Doc. 2012-10821 Filed 5-3-12; 8:45 am]
BILLING CODE 3190-W2-P