[Federal Register Volume 87, Number 150 (Friday, August 5, 2022)]
[Notices]
[Pages 48060-48061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16798]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket Number USTR-2022-0008]


U.S.-Kenya Strategic Trade and Investment Partnership

AGENCY: Office of the United States Trade Representative.

ACTION: Notice and request for comments.

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SUMMARY: On July 14, 2022, the United States and Kenya launched the 
United States-Kenya Strategic Trade and Investment Partnership (STIP). 
Under this initiative the two governments will pursue enhanced 
engagement leading to high standard commitments in a wide range of 
areas with a view to increasing investment; promoting sustainable and 
inclusive economic growth; benefiting workers, consumers, and 
businesses (including micro-, small-, and medium-sized enterprises 
(MSMEs)); and supporting African regional economic integration. As the 
two governments develop a roadmap for the initial issues under that 
engagement, the Office of the United States Trade Representative (USTR) 
is seeking public comments on matters relevant to specified trade 
areas, including U.S. interests and priorities, in order to develop 
objectives and positions for enhanced engagement and subsequent 
negotiation.

DATES: The deadline for the submission of written comments is September 
16, 2022.

ADDRESSES: You should submit written comments through the Federal 
eRulemaking Portal: https://www.regulations.gov (Regulations.gov). 
Follow the instructions for submissions in parts II and III below.

FOR FURTHER INFORMATION CONTACT: For procedural questions concerning 
written comments, please contact Spencer Smith at 
[email protected] or (202) 395-2974 in advance of the 
deadline and before transmitting a comment. Direct all other questions 
to Bennett Harman, Deputy Assistant U.S. Trade Representative for 
Africa, at [email protected], or (202) 395-9612.

SUPPLEMENTARY INFORMATION: 

I. Background

    During a virtual meeting on July 14, 2022, the U.S. Trade 
Representative and Kenya's Ministry of Industrialization, Trade and 
Enterprise Development Cabinet Secretary, launched the STIP. They 
identified the following initial issues where the United States and 
Kenya will develop an ambitious roadmap for enhanced cooperation with 
the goal of negotiating high-standard commitments in order to achieve 
economically meaningful outcomes.
    Agriculture. The United States and Kenya will consider measures to 
facilitate agricultural trade and enhance transparency and 
understanding of the application of science- and risk-based sanitary 
and phytosanitary (SPS) measures. Both governments share an interest in 
fostering sustainable agricultural practices, as well as creating an 
enabling environment for innovative agricultural technologies that 
would help achieve food security goals, increase farm productivity, and 
improve farmer livelihoods, while addressing climate change concerns.
    Anti-corruption. The United States and Kenya share a commitment to 
prevent and combat bribery and other forms of corruption. They will 
share information on best practices to prevent and combat bribery and 
corruption and will explore negotiating specific commitments.
    Digital Trade. The United States and Kenya share an interest in 
fostering consumer, business, and worker trust in the digital economy, 
ensuring access to information, promoting the development and use of 
resilient and secure digital infrastructure, promoting competition and 
the participation of MSMEs, and addressing discriminatory practices. 
They will discuss measures to support digital inclusion, including 
accessibility, and online consumer protection. Both countries also will 
monitor global discussions on emerging issues in digital trade that are 
of mutual interest.
    Environment and Climate Change Action. The United States and Kenya 
share common values with respect to environmental protection, a 
commitment to conservation, pursuing measures to support climate change 
adaptation and mitigation, and the importance of sustainable use and 
management of each country's natural resources as they strengthen their 
trade and investment relations. They will engage on strengthening these 
efforts, including climate adaptation and mitigation practices. Both 
countries also will consider opportunities to strengthen their 
respective commitments in this area, including through cooperation.
    Good Regulatory Practices. The United States and Kenya will explore 
negotiating high-level commitments on topics such as ensuring adequate 
time for public consultations on proposed regulations, posting proposed 
regulations for review by interested stakeholders, and basing 
regulatory decisions on best available information, science, and 
evidence, including undertaking risk analysis and regulatory impact 
assessment as appropriate. They also will explore negotiating 
provisions on services domestic regulation.
    Micro-, Small- and Medium-Sized Enterprises. The United States and 
Kenya believe that the success of MSMEs, including women-owned 
enterprises, is a key element in promoting sustained economic growth. 
They will discuss approaches to integrate MSMEs into international 
trade, and will initiate periodic technical best practices exchanges 
and roundtables on MSMEs.
    Promoting Workers' Rights and Protections. The United States and 
Kenya want to work together to advance and protect labor rights through 
enforcement of, and compliance with, labor laws, promotion of social 
dialogue, and cooperation in other areas of mutual interest on labor 
and employment priorities, including forced labor in global supply 
chains.
    Supporting Participation of Women, Youth, and Others in Trade. The 
United States and Kenya are committed to promoting economic 
opportunities for women and youth and continue to examine how to 
develop and adopt trade policies that promote and facilitate the 
participation of women and youth in international trade and to promote 
good paying, high-quality jobs and sustainable livelihoods. Both 
countries will work to identify resources to support the economic 
empowerment and participation of women, youth, persons with 
disabilities, other vulnerable populations, and the African Diaspora in 
trade to promote equitable and inclusive development.
    Standards Collaboration. The United States and Kenya will discuss 
the role of standards, conformity assessment procedures, and technical 
regulations that have a significant impact on trade,

[[Page 48061]]

including opportunities to reduce impediments to trade due to 
differences in their respective systems. They intend to engage on and 
discuss in depth their respective processes for the preparation, 
adoption, and application of technical regulations, standards and 
conformity assessment procedures based on mutually agreed best 
practices.
    Trade Facilitation and Customs Procedures. The United States and 
Kenya recognize the pandemic's impact on supply chains and the 
demonstrated benefits of streamlining border procedures and 
accelerating World Trade Organization (WTO) Trade Facilitation 
Agreement implementation for trade in goods during this challenging 
time. They will discuss opportunities to simplify procedures, 
especially those that allow new entrants to engage in trade. In this 
regard, both countries will consider various customs practices, 
transparency, and cooperation on customs enforcement to inform mutual 
understanding, including the Agreement between the Government of the 
United States and the Republic of Kenya Regarding Mutual Assistance 
between their Customs Administrations, signed in Washington, DC, on 
August 6, 2014. They also will explore other topics of engagement, 
including trusted trader benefits for demonstrated low-risk importers, 
particularly those that participate in their respective country's 
Authorized Economic Operator program.
    The United States will build upon high-standard trade commitments 
and develop new approaches in trade policy to advance a broad set of 
worker-centered priorities and promote durable, broad-based economic 
growth for the United States and Kenya. At this time, the 
Administration is not seeking to address tariff barriers.

II. Public Comment

    The Trade Policy Staff Committee (TPSC) invites interested parties 
to submit comments to assist USTR as it develops objectives and 
positions for enhanced engagement and subsequent negotiation of high 
standard commitments contemplated by the STIP. In particular, the TPSC 
invites interested parties to comment on issues that USTR should 
address in the STIP, including the following:
    1. General negotiating objectives for the contemplated agreement.
    2. Agriculture-related matters.
    3. Anti-corruption-related matters.
    4. Digital economy-related matters.
    5. Environment- and climate change-related matters.
    6. Transparency and good regulatory practice matters.
    7. Matters of particular relevance to MSMEs.
    8. Worker rights and protections-related matters.
    9. Matters related to supporting the participation of women, youth, 
and others in trade.
    10. Matters related to standards collaboration.
    11. Customs and trade facilitation matters.
    12. Other measures or practices that undermine fair market 
opportunities for U.S. workers, farmers, ranchers, and businesses.
    USTR requests small businesses (generally defined by the Small 
Business Administration as firms with fewer than 500 employees) or 
organizations representing small business members that submit comments 
to self-identify as such, so that we may be aware of issues of 
particular interest to small businesses.

III. Submission Instructions

    Persons submitting written comments must do so in English and must 
identify on the first page of the submission ``Comments Regarding U.S.-
Kenya Strategic Trade and Investment Partnership.''
    The submission deadline is September 16, 2022. USTR strongly 
encourages commenters to make online submissions, using 
Regulations.gov. To submit comments via Regulations.gov, enter docket 
number USTR-2022-0008 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 and click on the link 
entitled `comment'. For further information on using Regulations.gov, 
please consult the resources provided on the website by clicking on 
`FAQ' on the bottom of the home page.
    Regulations.gov allows users to submit comments by filling in a 
`type comment' field, or by attaching a document using an `upload file' 
field. USTR prefers that you provide comments in an attached document. 
USTR prefers submissions in Microsoft Word (.doc) or Adobe Acrobat 
(.pdf). If you use an application other than those two, please indicate 
the name of the application in the `type comment' field.
    Filers submitting comments that do not include any business 
confidential information (BCI) should name their file using the name of 
the person or entity submitting the comments. For any comments 
submitted electronically containing BCI, the file name of the business 
confidential version should begin with the characters `BCI.' Clearly 
mark any page containing BCI with `BUSINESS CONFIDENTIAL' on the top of 
that page. Filers of submissions containing BCI also must submit a 
public version of their comments that USTR will place in the docket for 
public inspection. The file name of the public version should begin 
with the character `P.' Follow the `BCI' and `P' with the name of the 
person or entity submitting the comments.
    Please do not attach separate cover letters to electronic 
submissions; rather, include any information that might appear in a 
cover letter in the comments themselves. Similarly, to the extent 
possible, please include any exhibits, annexes, or other attachments in 
the same file as the submission itself, not as separate files.
    As noted, USTR strongly urges that you file comments through 
Regulations.gov. You must make any alternative arrangements with 
Spencer Smith at [email protected] or (202) 395-2974 before 
transmitting a comment and in advance of the deadline.
    USTR will post comments in the docket for public inspection, except 
properly designated BCI. You can view comments on the Regulations.gov 
by entering docket number USTR-2022-0008 in the search field on the 
home page. General information concerning USTR is available at https://www.ustr.gov.

William Shpiece,
Chair of the Trade Policy Staff Committee, Office of the United States 
Trade Representative.
[FR Doc. 2022-16798 Filed 8-4-22; 8:45 am]
BILLING CODE 3290-F2-P