[Federal Register Volume 77, Number 122 (Monday, June 25, 2012)]
[Notices]
[Pages 37948-37951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15449]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Free Trade Agreements; Invitation for Applications for Inclusion 
on Dispute Settlement Lists for U.S. Free Trade Agreements (FTAs) With 
Australia, Colombia, Korea, Morocco, and Singapore

AGENCY: Office of the United States Trade Representative (``USTR'').

ACTION: Invitation for Applications.

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SUMMARY: A number of trade agreements to which the United States is a 
Party call for the Parties to establish indicative rosters or reserve 
or contingent lists of persons (``lists'') available to serve on 
dispute settlement panels to hear disputes under those agreements. 
These agreements include the United States-Australia Free Trade 
Agreement (``USAFTA''), the United States-Colombia Trade Promotion 
Agreement (``USCTPA''), the United States-Korea Free Trade Agreement 
(``KORUS''), the United States-Morocco Free Trade Agreement 
(``USMFTA''), and the United States-Singapore Free Trade Agreement 
(``USSFTA''). USTR is inviting interested persons to apply to be on one 
or more of these lists under the various agreements, as indicated 
below.

DATES: Applications should be received no later than August 9, 2012 to 
be assured of consideration.

ADDRESSES: Applications should be submitted electronically to

[[Page 37949]]

www.regulations.gov, docket number USTR-2012-0009. If you are unable to 
submit an application using www.regulations.gov, please contact Sandy 
McKinzy at (202) 395-9483 to arrange for an alternative method of 
transmission.

FOR FURTHER INFORMATION CONTACT: For information regarding the form of 
the application, contact Sandy McKinzy, Legal Technician, USTR Office 
of Monitoring and Enforcement, at (202) 395-3582. For other inquiries, 
contact Catherine Field, Chief Counsel, at (202) 395-3432 (for the 
USAFTA), Mar[iacute]a Pag[aacute]n, Associate General Counsel, at (202) 
395-3150 (for the USCTPA), Cletus Willems, Assistant General Counsel, 
at (202) 395-3150 (for the KORUS), Courtney Smothers, Associate General 
Counsel, at (202) 395-3581 (for the USMFTA), and Willis Martyn, 
Associate General Counsel, at (202) 395-3582 (for the USSFTA).

SUPPLEMENTARY INFORMATION: USTR is seeking applications from interested 
persons to serve on any of the lists under any of the cited agreements. 
The details for how to apply are provided below as is a short 
description of the lists for each agreement. A person is permitted to 
apply for a single list or any combination of lists. In response to 
this notice, USTR will accept applications from U.S. citizens and 
nationals of other countries.

Dispute Settlement Mechanism of the USAFTA

    The USAFTA is a bilateral agreement in force between the United 
States and Australia. Chapter 21 of the USAFTA sets out detailed 
procedures for the resolution of disputes arising under the Agreement. 
Dispute settlement involves three stages: (1) Consultations between the 
Parties to try to arrive at a mutually satisfactory resolution of the 
matter; (2) efforts by the Joint Committee, comprised of officials from 
each Party and chaired by officials from USTR and Australia's Ministry 
of Foreign Affairs and Trade, to resolve the matter; and, (3) resort to 
a dispute settlement panel to make a determination regarding the matter 
at issue between the Parties. The panel is composed of three 
individuals chosen by the Parties or from the contingent list.
    The USAFTA requires the Parties to establish a contingent list of 
ten individuals who are willing and able to serve as panelists. 
Individuals on the contingent list are appointed by agreement of the 
Parties for a minimum term of three years, and remain on the list until 
the Parties form a new contingent list. See USAFTA Article 21.7(4).
    The USAFTA provides for each Party to select within a specified 
time period one panelist in consultation with the other Party and then 
for both to agree on a chair. The contingent list comes into play only 
if this process fails. The Parties decided that in such a circumstance, 
it would be best if the panelist were not a national of either Party. 
Accordingly, applications are sought only from persons who are not a 
national of either the United States or Australia.
    The text of the USAFTA can be found on the USTR Web site 
(www.ustr.gov/trade-agreements/free-trade-agreements).

Criteria for Eligibility for Inclusion on the Contingent List

    To qualify for inclusion on the contingent list an applicant must: 
(1) Be objective, reliable, and possess sound judgment; (2) have 
expertise or experience in law, international trade, or the resolution 
of disputes arising under international trade agreements; (3) be 
independent of, and not be affiliated with or take instructions from 
either Party; and (4) comply with a code of conduct.

Dispute Settlement Mechanism of the USCTPA

    The CTPA is a bilateral agreement in force between the United 
States and Colombia (the ``Parties''). The CTPA sets out detailed 
procedures for the resolution of disputes arising under the Agreement. 
Dispute settlement involves three stages: (1) Lower level consultations 
between the Parties to try to arrive at a mutually satisfactory 
resolution of the matter; (2) efforts by the Free Trade Commission, 
consisting of the cabinet-level representatives of the consulting 
Parties, to resolve the matter; and, (3) resort to a dispute settlement 
panel to make a determination regarding the matter at issue between the 
Parties. The panel is composed of three individuals chosen by the 
Parties or drawn from the indicative roster.
    The USCTPA requires the establishment of an indicative roster from 
which panelists may be selected by lot if the Parties have otherwise 
failed to appoint panelists. The indicative roster is to be composed of 
eight individuals, two of whom are to be individuals who are not a 
national of either Party. Once established, the roster remains in 
effect for a minimum of three years. See CTPA Articles 21.7 and 21.9.
    The text of the CTPA can be found through the Office of the U.S. 
Trade Representative Web site (www.ustr.gov/trade-agreements/free-trade-agreements).

Criteria for Eligibility for Inclusion on the CTPA Indicative Roster

    To qualify for inclusion on the indicative roster an applicant 
must: (1) Have expertise or experience in law, international trade, 
other matters covered by the Agreement, or the resolution of disputes 
arising under international trade agreements; (2) be objective, 
reliable, and possess sound judgment; (3) be independent of, and not be 
affiliated with or take instructions from either Party; and (4) comply 
with a code of conduct.

Dispute Settlement Mechanism of the KORUS

    The KORUS is a bilateral agreement in force between the United 
States and Korea. The KORUS sets out detailed procedures for the 
resolution of disputes arising under the Agreement. Dispute settlement 
involves three stages: (1) Consultations between the Parties to try to 
arrive at a mutually satisfactory resolution of the matter; (2) efforts 
by the Joint Committee, comprised of officials from each Party and 
chaired by officials from USTR and Korea's Ministry of Foreign Affairs 
and Trade, to resolve the matter; and, (3) resort to a dispute 
settlement panel to make a determination regarding the matter at issue 
between the Parties. The panel is composed of three individuals chosen 
by the Parties.
    The KORUS requires the establishment of a contingent list of 
individuals who are willing and able to serve as panelists. The 
contingent list shall include at least six nationals of each Party and 
at least eight individuals who are not nationals of either Party. An 
individual on the contingent list shall remain on the list for a 
minimum of three years. See KORUS, Article 22.9.3.
    The text of the KORUS can be found on the USTR Web site 
(www.ustr.gov/trade-agreements/free-trade-agreements).

Criteria for Eligibility for Inclusion on the Contingent List

    To qualify for inclusion on the contingent list an applicant must: 
(1) Be objective, reliable, and possess sound judgment; (2) have 
expertise or experience in law, international trade, or the resolution 
of disputes arising under international trade agreements; (3) be 
independent of, and not be affiliated with or take instructions from 
either Party; and (4) comply with a code of conduct.

[[Page 37950]]

Dispute Settlement Under the USMFTA

    The USMFTA is a bilateral agreement in force between the United 
States and Morocco. The USMFTA sets out detailed procedures for the 
resolution of disputes arising under the Agreement. Dispute settlement 
involves three stages: (1) Consultations between the Parties to try to 
arrive at a mutually satisfactory resolution of the matter; (2) efforts 
by the Joint Committee, comprised of officials from each Party and 
chaired by officials from USTR and the Ministry of Foreign Affairs and 
Cooperation of the Kingdom of Morocco, to resolve the matter; and, (3) 
resort to a dispute settlement panel to make a determination regarding 
the matter at issue between the Parties. Unless the Parties agree 
otherwise, the panel is composed of three individuals chosen by the 
Parties or selected from the reserve list.
    The USMFTA requires the establishment of a reserve list from which 
panelists may be selected. The reserve list is to be composed of eight 
individuals. Once established, the reserve list remains in effect for a 
minimum of three years. See USMFTA Article 20.7.
    Upon each request for establishment of a panel, potential panelists 
may be requested to complete a disclosure form, which could be used to 
identify possible conflicts of interest or appearances thereof. The 
disclosure form may request information regarding financial interests 
and affiliations, including information regarding the identity of 
clients of the potential panelist and, if applicable, clients of the 
potential panelist's firm.
    The text of the USMFTA can be found through the Office of the U.S. 
Trade Representative Web site (www.ustr.gov).

Criteria for Eligibility for Inclusion on the Reserve List

    To qualify for inclusion on the reserve list an applicant must: (1) 
Have expertise or experience in law, international trade, or the 
resolution of disputes arising under international trade agreements; 
(2) be objective, reliable, and possess sound judgment; (3) be 
independent of, and not be affiliated with or take instructions from 
either Party; and (4) comply with a code of conduct.

Dispute Settlement Under the USSFTA

    The USSFTA is a bilateral agreement in force between the United 
States and Singapore. Chapter 20 of the USSFTA sets out detailed 
procedures for the resolution of disputes arising under the Agreement. 
Dispute settlement involves three stages: (1) Consultations between the 
Parties to try to arrive at a mutually satisfactory resolution of the 
matter; (2) efforts by the Joint Committee, composed of officials from 
each Party and chaired by officials from USTR and Singapore's Ministry 
for Trade and Industry, to resolve the matter; and, (3) resort to a 
dispute settlement panel to make a determination regarding the matter 
at issue between the Parties. The panel is composed of three 
individuals chosen by the Parties or from the contingent list.
    This agreement provides for each Party to select within a specified 
time period one panelist in consultation with the other Party and then 
for both to agree on a chair. The contingent list comes into play only 
if this process fails. The Parties decided that in such a circumstance, 
it would be best if the panelist were not a national of either party. 
Accordingly, applications are sought only from persons who are not a 
national of either the United States or Singapore.
    The USSFTA requires the Parties to establish a contingent list of 
five individuals who are willing and able to serve as panelists. 
Individuals on the contingent list are appointed by agreement of the 
Parties for a minimum term of three years, and remain on the list until 
the Parties form a new contingent list. See USSFTA Article 20.4(4)(b).
    The text of the USSFTA can be found on the USTR Web site 
(www.ustr.gov/trade-agreements/free-trade-agreements).

Criteria for Eligibility for Inclusion on the Contingent List

    To qualify for inclusion on the contingent list an applicant must: 
(1) Have expertise or experience in law, international trade, or the 
resolution of disputes arising under international trade agreements; 
(2) be independent of, and not be affiliated with or take instructions 
from either Party; and (4) comply with a code of conduct to be 
established by the Joint Committee.

Procedures for Selection of Members of Lists

    An interagency committee chaired by USTR prepares a preliminary 
list of candidates eligible for inclusion on the various lists. After 
consultation with the Committee on Ways and Means of the House of 
Representatives and the Committee on Finance of the Senate, USTR 
selects the final list of individuals that the United States will 
nominate for inclusion on each of the lists. The members of a list 
under a particular FTA are appointed by agreement of the Parties to 
that FTA.

Applications

    Eligible individuals who wish to be considered for inclusion on one 
or more of the lists are invited to submit applications.
    Persons submitting applications should submit one copy 
electronically to www.regulations.gov, docket number USTR-2012-0009. If 
you are unable to submit an application using www.regulations.gov, 
please contact Sandy McKinzy at (202) 395-9483 to arrange for an 
alternative method of transmission.
    Applications must be typewritten, and should be headed 
``Application for Inclusion on a List.'' Applicants must specify for 
which of the FTA's they wish to be considered. Applicants may specify 
more than one FTA. Applications should include the following 
information, and each section of the application should be numbered as 
indicated:
    1. Name of the applicant.
    2. Business address, telephone number, fax number, and email 
address.
    3. Citizenship(s).
    4. Current employment, including title, description of 
responsibility, and name and address of employer.
    5. Relevant education and professional training.
    6. Fluency in any relevant language other than English, written and 
spoken.
    7. Post-education employment history, including the dates and 
addresses of each prior position and a summary of responsibilities.
    8. Relevant professional affiliations and certifications, 
including, if any, current bar memberships in good standing.
    9. A list and copies of publications, testimony, and speeches, if 
any, concerning the relevant area of expertise. Judges or former judges 
should list relevant judicial decisions. Only one copy of publications, 
testimony, speeches, and decisions need be submitted.
    10. A list of international trade proceedings or domestic 
proceedings relating to international trade matters or other relevant 
matters in which the applicant has provided advice to a party or 
otherwise participated.
    11. Summary of any current and past employment by, or consulting or 
other work for, the Government of the United States and the 
Government(s) of the other Party(ies) to each agreement for which the 
applicant is applying (i.e., Australia, Korea, Morocco, or Singapore).
    12. The names and nationalities of all foreign principals for whom 
the

[[Page 37951]]

applicant is currently or has previously been registered pursuant to 
the Foreign Agents Registration Act, 22 U.S.C. 611 et seq., and the 
dates of all registration periods.
    13. A short statement of qualifications and availability for 
service on dispute settlement panels under the relevant agreement, 
including information relevant to the applicant's familiarity with 
international trade law and relevant area(s) for the list(s) for which 
the applicant seeks to be considered, and willingness and ability to 
make time commitments necessary for service on panels.
    14. On a separate page, the names, addresses, telephone and fax 
numbers of three individuals willing to provide information concerning 
the applicant's qualifications for service, including the applicant's 
character, reputation, reliability, judgment, and familiarity with the 
relevant area of expertise.

Public Disclosure

    Applications normally will not be subject to public disclosure and 
will not be posted publicly on www.regulations.gov. Applications may be 
shared with other agencies, the Committee on Ways and Means of the 
House of Representatives, the Committee on Finance of the Senate, and 
the Government(s) of the other Party(ies) for their consideration in 
determining whether to appoint persons to the relevant lists.

False Statements

    False statements by an applicant regarding his or her personal or 
professional qualifications, or financial or other relevant interests 
that bear on the applicant's suitability for placement on a list or 
appointment to a panel are subject to criminal sanctions under 18 
U.S.C. 1001.

Paperwork Reduction Act

    This notice contains a collection of information provision subject 
to the Paperwork Reduction Act (``PRA'') that has been approved by the 
Office of Management and Budget (``OMB''). Notwithstanding any other 
provision of law, no person is required to respond to nor shall a 
person be subject to a penalty for failure to comply with a collection 
of information subject to the requirements of the PRA unless that 
collection of information displays a currently valid OMB number. This 
notice's collection of information burden is only for those persons who 
wish voluntarily to apply for inclusion on a list. It is expected that 
the collection of information burden will be less than three hours. 
This collection of information contains no annual reporting or record 
keeping burden. This collection of information was approved by OMB 
under OMB Control Number 0350-0014. Please send comments regarding the 
collection of information burden or any other aspect of the information 
collection to USTR at www.regulations.gov.

Privacy Act

    The following statements are made in accordance with the Privacy 
Act of 1974, as amended (5 U.S.C. 552a). Provision of the information 
requested above is voluntary; however, failure to provide the 
information will preclude consideration as a candidate for inclusion on 
a list. This information is maintained in a system of records entitled 
``Dispute Settlement Panelists Roster.'' Notice regarding this system 
of records was published in the Federal Register on November 30, 2001. 
The information provided is needed, and will be used by USTR, other 
federal government trade policy officials concerned with dispute 
settlement under the relevant agreement, and officials of the other 
Party(ies) to select well-qualified individuals for inclusion on the 
lists and for service on dispute settlement panels.

Daniel E. Brinza,
Senior Counsel for Dispute Settlement.
[FR Doc. 2012-15449 Filed 6-22-12; 8:45 am]
BILLING CODE 3190-W2-P