[Federal Register Volume 79, Number 132 (Thursday, July 10, 2014)]
[Notices]
[Pages 39453-39455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16108]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


North American Free Trade Agreement; Invitation for Applications 
for Inclusion on the Chapter 14 Dispute Settlement Roster

AGENCY: Office of the United States Trade Representative.

ACTION: Invitation for applications.

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SUMMARY: Chapter Fourteen of the North American Free Trade Agreement 
(``NAFTA'') provides for the establishment of a roster of individuals 
who would be willing and able to serve as panelists in dispute 
settlement proceedings arising under Chapter Fourteen (Financial 
Services) of the NAFTA. Individuals are appointed for a term of three 
years. Applications are invited from eligible individuals wishing to be 
included on the roster.

DATES: Applications should be received no later than August 25, 2014.

ADDRESSES: Applications should be submitted (i) electronically to 
www.regulations.gov, Docket Number USTR-2014-0013. 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: Arthur Tsao, Assistant General 
Counsel, Office of the United States Trade Representative, (202) 395-
6987.

SUPPLEMENTARY INFORMATION: USTR is seeking applications from interested 
persons to serve on the Chapter Fourteen (Financial Services) roster 
under the NAFTA. The details for how to apply are provided below as is 
a short description of the roster.

[[Page 39454]]

Dispute Settlement Arising Under NAFTA Chapter Fourteen

    Procedures under Chapter Twenty of the NAFTA apply (as modified by 
Chapter Fourteen) to the avoidance or settlement of disputes between 
the Parties arising under Chapter Fourteen of the NAFTA. If the NAFTA 
Parties cannot settle a dispute through consultations, a consulting 
Party may refer the matter to the Free Trade Commission 
(``Commission'') established under the NAFTA. If the matter is not 
resolved within a specified time period, the Commission will, upon the 
request of a consulting Party, establish a dispute settlement panel to 
consider the matter.

Chapter Fourteen Roster and Composition of Panels

    Article 1414.2 of the NAFTA provides for a roster of up to 15 
persons who are willing and able to serve as financial services 
panelists. Financial services roster members shall be appointed by 
consensus of the Parties for terms of three years, and may be 
reappointed. A separate five-member panel is formed for each dispute. 
Where a Party claims that a dispute arises under Chapter Fourteen, 
Article 2011 (Panel Selection) shall apply, except that: (a) Where the 
disputing Parties so agree, the panel shall be composed entirely of 
panelists meeting the qualifications set out in Article 1414.3 (Dispute 
Settlement); and (b) in any other case, each disputing Party may select 
panelists meeting the qualifications set out in Article 1414.3 or in 
Article 2010.1 (Qualifications of Panelists), and if the Party 
complained against invokes Article 1410 (Exceptions), the chair of the 
panel shall meet the qualifications set out in Article 1414.3. For each 
case, roster members under consideration to serve as a panelist will be 
requested to complete a disclosure form, which is used to identify 
possible conflicts of interest or appearances thereof. The disclosure 
form requests information regarding financial interests and 
affiliations, including information regarding the identity of any 
clients the roster member may have and, if applicable, clients of the 
roster member's firm.

Criteria for Eligibility for Inclusion on Chapter Fourteen Roster

    Article 1414.3 of the NAFTA provides that roster members shall (1) 
have expertise or experience in financial services law or practice, 
which may include the regulation of financial institutions; (2) be 
chosen strictly on the basis of objectivity, reliability, and sound 
judgment; (3) be independent of, and not be affiliated with or take 
instructions from, any Party; and (4) comply with the code of conduct 
established by the Parties (the ``Code of Conduct for Dispute 
Settlement Procedures Under Chapters 19 and 20'' https://www.nafta-sec-alena.org/Default.aspx?tabid=99&language=en-US).

Procedures for Selection of Chapter Fourteen Roster Members

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

Applications

    Eligible individuals who wish to be included on the Chapter 
Fourteen roster for the next term of three years are invited to submit 
applications. Applications may be submitted e electronically to 
www.regulations.gov, docket number USTR-2014-0013. However, eligible 
individuals who have submitted a prior application for one or more 
lists under the Dominican Republic-Central America-United States Free 
Trade Agreement (``CAFTA-DR''), chapter 20 of the North American Free 
Trade Agreement (``NAFTA''), the United States-Peru Trade Promotion 
Agreement, 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''), or the 
United States-Singapore Free Trade Agreement (``USSFTA'') in response 
to the Federal Register notices of January 28, 2010 (75 FR 4607) or 
June 25, 2012 (77 FR 37948) have the option as explained below of 
simply indicating that they would like their application also to 
include the roster under Chapter Fourteen of the NAFTA and submitting 
updates (if any) to their applications on file.
    To submit an application via www.regulations.gov, enter docket 
number USTR-2014-0013 on the home page and click ``search.'' The site 
will provide a search-results page listing all documents associated 
with this docket. Find a reference to this notice by selecting 
``Notice'' under ``Document Type'' on the left side of the search-
results page, and click on the link entitled ``Comment Now!.'' (For 
further information on using the www.regulations.gov Web site, please 
consult the resources provided on the Web site by clicking on the ``How 
to Use Regulations.gov'' on the bottom of the page.)
    The www.regulations.gov site provides the option of providing 
comments by filling in a ``Type Comment'' field or by attaching a 
document. USTR prefers applications to be provided in an attached 
document. If a document is attached, please type ``Application for 
Inclusion on NAFTA Chapter Fourteen Roster'' in the ``Upload File'' 
field.
    Applications must be typewritten, and should be headed 
``Application for Inclusion on NAFTA Chapter Fourteen Roster.'' 
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 areas of expertise. Judges or former 
judges should list relevant judicial decisions. Only one copy of 
publications, testimony, speeches, and decisions need be submitted.
    10. Summary of any current and past employment by, or consulting or 
other work for, the Governments of the United States, Canada, or 
Mexico.
    11. The names and nationalities of all foreign principals for whom 
the 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.
    12. 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.

[[Page 39455]]

    13. A short statement of qualifications and availability for 
service on dispute settlement panels under NAFTA, including information 
relevant to the applicant's familiarity with international trade law 
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 
international trade law.

Prior Applicants

    As indicated above, an individual who has submitted an application 
in response to the Federal Register notices of January 28, 2010 (75 FR 
4607) or June 25, 2012 (77 FR 37948) need only indicate that the 
individual is interested in having their application also include the 
roster under Chapter Fourteen of the NAFTA, specify under which of the 
two Federal Register notices the individual had previously submitted an 
application, and submit updates (if any) to the individual's 
application(s) on file.

Public Disclosure

    Applications normally will not be subject to public disclosure and 
will not be posted publicly on www.regulations.gov. They may be 
referred to other federal agencies and Congressional Committees in the 
course of determining eligibility for the roster, and shared with 
foreign governments and the NAFTA Secretariat in the course of panel 
selection.

False Statements

    Pursuant to section 402(c)(5) of the NAFTA Implementation Act, 
false statements by applicants regarding their personal or professional 
qualifications, or financial or other relevant interests that bear on 
the applicants' suitability for placement on the Chapter Fourteen 
roster or for appointment to binational panels, are subject to criminal 
sanctions under 18 U.S.C. 1001.

Privacy Act

    The following statements are made in accordance with the Privacy 
Act of 1974, as amended (5 U.S.C. 552a). The authority for requesting 
information to be furnished is section 402 of the NAFTA Implementation 
Act. Provision of the information requested above is voluntary; 
however, failure to provide the information will preclude your 
consideration as a candidate for the NAFTA Chapter Fourteen roster. 
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 NAFTA dispute 
settlement, and officials of the other NAFTA Parties to select well-
qualified individuals for inclusion on the Chapter Fourteen roster and 
for service on Chapter Fourteen dispute settlement panels.

Daniel E. Brinza,
Senior Counsel for Dispute Settlement.
[FR Doc. 2014-16108 Filed 7-9-14; 8:45 am]
BILLING CODE 3290-F4-P