[Federal Register Volume 85, Number 54 (Thursday, March 19, 2020)]
[Notices]
[Pages 15847-15849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05726]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket Number USTR-2020-0012]


Invitation for Applications for Inclusion on the Dispute 
Settlement Rosters for the United States-Mexico-Canada Agreement

AGENCY: Office of the United States Trade Representative.

ACTION: Notice requesting applications.

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SUMMARY: The United States-Mexico-Canada Agreement (USMCA) requires

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the establishment of a roster of individuals who would be available to 
serve as panelists for general state-to-state dispute settlement panels 
and for specialized labor panels. The Office of the United States Trade 
Representative (USTR) invites applications from eligible individuals 
wishing to be included on either or both rosters.

DATES: To ensure consideration, USTR must receive your application by 
April 20, 2020.

ADDRESSES: You should submit your application through the Federal 
eRulemaking Portal: http://www.regulations.gov (Regulations.gov), using 
docket number USTR-2020-0012. Follow the submission instructions below. 
For alternatives to online submissions, please contact Sandy McKinzy at 
(202) 395-9483 before transmitting your application and in advance of 
the deadline.

FOR FURTHER INFORMATION CONTACT: For information about the application 
process, contact Sandy McKinzy, Legal Technician, Office of Monitoring 
and Enforcement, at (202) 395-9483. For all other inquiries, contact 
Assistant General Counsel Nicholas Paster at 
[email protected] or (202) 395-3580.

SUPPLEMENTARY INFORMATION:  USTR is seeking applications from U.S. 
citizens and nationals of other countries who are interested in serving 
as panelists for general state-to-state or labor dispute settlement 
panels established under the USMCA. You can find the text of the USMCA 
on the USTR website: https://ustr.gov/trade-agreements/free-trade-agreements/united-states-mexico-canada-agreement.

I. General Dispute Settlement Mechanism Under Chapter 31

    USMCA is a trilateral trade agreement between the United States, 
Mexico, and Canada (the Parties). Chapter 31 sets out detailed 
procedures for the resolution of most disputes arising under the USMCA. 
Dispute settlement involves two stages: (1) Consultations between the 
disputing Parties to try to arrive at a mutually satisfactory 
resolution of the matter, and (2) resort to a neutral panel to make a 
determination regarding the matter at issue. The disputing Parties form 
a separate five-member panel for each dispute although they may agree 
to a three-member panel.
    USMCA requires the Parties to establish a general roster of up to 
30 individuals who are willing to serve as panelists, with each Party 
designating up to 10 individuals. The Parties will try to achieve 
consensus on the roster. Individuals on the roster are appointed for a 
minimum term of three years and will remain on the list until the 
Parties form a new roster. See USMCA Article 31.8.1.
    Panelists normally are selected from the roster. For disputes under 
Chapter 23 (Labor) and Chapter 24 (Environment), each disputing Party 
has to select panelists with relevant expertise, and for disputes in 
specialized areas of law aside from labor and environment, the 
disputing Parties should select panelists to ensure the necessary 
expertise is available on the panel. For each dispute, roster members 
under consideration to serve as a panelist will have to complete a 
disclosure form that the Parties use 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.
    To qualify for inclusion on the on the general dispute settlement 
roster, an applicant must:
     Have expertise or experience in law, international trade, 
other matters covered by USMCA, or the resolution of disputes arising 
under international trade agreements.
     Be objective, reliable, and possess sound judgment.
     Be independent of, and not be affiliated with or take 
instructions from, a Party.
     Comply with a code of conduct established by the Parties.

II. Facility-Specific Rapid Response Labor Mechanism Under Annex 31-A

    Annex 31-A establishes a facility-specific rapid response labor 
mechanism (the Mechanism), as between the United States and Mexico, 
which can be used whenever either Party believes that workers at a 
Covered Facility (as defined in Article 31-A.15) are being denied the 
right of free association and collective bargaining under the laws 
necessary to fulfill the obligations of the other Party under the USMCA 
(a Denial of Rights). A Party may ask a labor panel under the Mechanism 
to request that the respondent Party allow it an opportunity to verify 
the Covered Facility's compliance with the law in question and to 
determine whether there has been a Denial of Rights. See USMCA Article 
31-A.5. Labor panelists have to submit a report to the Parties 
commenting on the functioning of the Mechanism at the conclusion of the 
first four-year term and every four years thereafter. See USMCA Article 
31-A.3.6.
    USMCA requires the Parties to establish three lists of panelists 
who are willing to commit to being generally available to serve as 
labor panelists for the Mechanism. By the date of entry into force of 
USMCA, each Party has to appoint three individuals to one list and 
appoint, by consensus, three individuals to a joint list. The 
individuals on the joint list may not be nationals of either the United 
States or Mexico. Six months from entry into force of USMCA, the lists 
will be expanded to at least five individuals each. Individuals on the 
lists are appointed for a minimum term of four years or until the 
Parties constitute new lists. See Article 31-A.3.
    To qualify for inclusion on the Mechanism lists, an applicant must:
     Have expertise and experience in labor law and practice, 
and with the application of standards and rights as recognized by the 
International Labor Organization.
     Be objective, reliable, and possess sound judgment.
     Be independent of, and not be affiliated with or take 
instructions from, a Party.
     Comply with a code of conduct established by the Parties.

III. Applications

    USTR invites eligible individuals who wish to be considered for 
inclusion on the general roster or the labor Mechanism lists to submit 
applications through Regulations.gov, using docket number USTR-2020-
0012. In order to be assured of consideration, USTR must receive your 
application by April 20, 2020. Applicants must file all submissions 
electronically via Regulations.gov. For alternatives to online 
submissions, please contact Sandy McKinzy at (202) 395-9483 before 
transmitting your application and in advance of the deadline.
    To submit an application via Regulations.gov, enter docket number 
USTR-2020-0012 on the Regulations.gov 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 `comment now! link. For further 
information on using the www.regulations.gov website, please consult 
the resources provided on the website by clicking on `How to Use 
Regulations.gov' on the bottom of the page.
    The Regulations.gov website allows users to provide comments by 
filling in

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a `type comment' field, or by attaching a document using an `upload 
file' field. USTR prefers that you provide applications in an attached 
document. If you attach a document, please type ``Application for 
Inclusion on a USMCA Roster'' in the `upload file' field. Applicants 
must specify whether they wish to be considered for the General Roster, 
the Mechanism lists, or both. All submissions must be typewritten in 
English and be prepared in (or be compatible with) Microsoft Word 
(.doc) or Adobe Acrobat (.pdf) formats. Include any data attachments to 
the submission in the same file as the submission itself, and not as 
separate files.
    Applications should include the following information, and should 
number each section of the application 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, a summary of responsibilities, and a 
list of clients represented in the prior five years.
    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(s) of expertise. Judges or former 
judges should list relevant judicial decisions. Submit only one copy of 
publications, testimony, speeches, and decisions.
    10. A list of international trade proceedings or domestic 
proceedings relating to international trade matters, labor law, 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 Governments of the United States, Mexico, or 
Canada.
    12. 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.
    13. A short statement of qualifications and availability for 
service, including information relevant to the applicant's familiarity 
with international trade law, labor law, and relevant area(s) for the 
roster or list 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.

IV. Public Disclosure

    Applications are covered by a Privacy Act System of Records Notice 
(https://www.govinfo.gov/content/pkg/FR-2016-12-22/pdf/2016-30496.pdf). 
They are not subject to public disclosure and USTR will not post 
applications publicly on Regulations.gov. USTR may share applications 
with other federal agencies, the House Committee on Ways and Means, the 
Senate Committee on Finance, and the Governments of Canada and Mexico 
for their consideration in determining whether to appoint persons to 
the relevant roster or list.

V. False Statements

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

Joseph Barloon,
General Counsel, Office of the U.S. Trade Representative.
[FR Doc. 2020-05726 Filed 3-18-20; 8:45 am]
 BILLING CODE 3290-F0-P