[Federal Register Volume 77, Number 209 (Monday, October 29, 2012)]
[Notices]
[Pages 65603-65604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26538]


=======================================================================
-----------------------------------------------------------------------

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-Panama 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.

-----------------------------------------------------------------------

DATES: Effective Date: October 31, 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 June 28, 2007, the United States and 
Panama entered into the United States-Panama Trade Promotion Agreement 
(``Panama TPA''). Chapter Nine of the Panama TPA sets forth certain 
obligations with respect to government procurement of goods and 
services, as specified in Annex 9.1 of the Panama TPA. On October 21, 
2011, the President signed into law the United States-Panama Trade 
Promotion Agreement Implementation Act (``the Panama TPA Act'') (Pub. 
L. 112-43, 125 Stat. 497) (19 U.S.C. 3805 note). In section 101(a) of

[[Page 65604]]

the Panama TPA Act, the Congress approved the Panama TPA. The Panama 
TPA will enter into force on October 31, 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 Panama TPA, I hereby 
determine that:
    1. Panama is a country, other than a major industrialized country, 
which, pursuant to the Panama 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, Panama is so designated for 
purposes of Section 301(a) of the Trade Agreements Act.
    2. With respect to eligible products of Panama (i.e., goods and 
services covered by the Schedule of the United States in Annex 9.1 of 
the Panama 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--
    (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 Panama, this waiver shall be applied by all 
entities listed in the Schedule of the United States in Annex 9.1 of 
the Panama 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. 2012-26538 Filed 10-26-12; 8:45 am]
BILLING CODE 3290-F3-P