[Weekly Compilation of Presidential Documents Volume 41, Number 46 (Monday, November 21, 2005)]
[Page 1702]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Memorandum on Determinations Under Section 1106(a) of the Omnibus Trade 
and Competitiveness Act of 1988--Kingdom of Saudi Arabia

November 10, 2005

Memorandum for the United States Trade Representative

Subject: Determinations under Section 1106(a) of the Omnibus Trade and 
Competitiveness Act of 1988--Kingdom of Saudi Arabia

    The Kingdom of Saudi Arabia (Saudi Arabia) is seeking to become a 
Member of the World Trade Organization (WTO). Saudi Arabia has concluded 
a bilateral agreement with the United States related to Saudi Arabia's 
accession to the WTO. Saudi Arabia's commitments under this bilateral 
agreement with the United States ensure: (1) that all state trading 
enterprises, as defined in section 1107(6) of the Omnibus Trade and 
Competitiveness Act of 1988 (the ``Act'') (19 U.S.C. 2906(6)), will make 
(a) purchases that are not for government use and (b) sales in 
international trade, in accordance with commercial considerations, 
including price, quality, availability, marketability, and 
transportation, and (2) that such state trading enterprises will afford 
U.S. business firms adequate opportunity, in accordance with customary 
practice, to compete for such purchases and sales.
    In accordance with section 1106(a)(1) of the Act (19 U.S.C. 
2905(a)(1)), I determine that state trading enterprises account for a 
significant share of the exports of Saudi Arabia and the goods that 
compete with imports into Saudi Arabia. Further, I determine that, based 
on the bilateral agreement that Saudi Arabia has entered into with the 
United States, information provided and commitments set forth in the 
Report of the Working Party on the Kingdom of Saudi Arabia's Accession 
to the WTO, and other information considered in connection with Saudi 
Arabia's WTO accession negotiations including information in the United 
States National Energy Policy report, an affirmative determination under 
section 1106(a)(2) is not warranted.
    The determinations under section 1106(a) are intended solely to 
further the purpose of section 1106 and are not determinative for the 
purpose of any other statute or regulation.
    You are directed to publish this memorandum in the Federal Register.
                                                George W. Bush

Note: This item was not received in time for publication in the 
appropriate issue.