[Federal Register Volume 74, Number 229 (Tuesday, December 1, 2009)]
[Notices]
[Pages 62878-62880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28751]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
North American Free Trade Agreement; Invitation for Applications
for Inclusion on the Chapter 19 Roster
AGENCY: Office of the United States Trade Representative.
ACTION: Invitation for applications.
-----------------------------------------------------------------------
SUMMARY: Chapter 19 of the North American Free Trade Agreement
(``NAFTA'') provides for the establishment of a roster of individuals
to serve on binational panels convened to review final determinations
in antidumping or countervailing duty (``AD/CVD'') proceedings and
amendments to AD/CVD statutes of a NAFTA Party. The United States
annually renews its selections for the Chapter 19 roster. Applications
are invited from eligible individuals wishing to be included on the
roster for the period April 1, 2010, through March 31, 2011.
DATES: Applications should be received no later than December 16, 2009.
ADDRESSES: Applications should be submitted (i) electronically to
http://www.regulations.gov, docket number USTR-2009-0039, or (ii) by
fax, to Sandy McKinzy at (202) 395-3640.
FOR FURTHER INFORMATION CONTACT: J. Daniel Stirk, Assistant General
Counsel, Office of the United States Trade Representative, (202) 395-
9617.
SUPPLEMENTARY INFORMATION:
Binational Panel Reviews Under NAFTA Chapter 19
Article 1904 of the NAFTA provides that a party involved in an AD/
CVD proceeding may obtain review by a binational panel of a final AD/
CVD determination of one NAFTA Party with respect to the products of
another NAFTA Party. Binational panels decide whether such AD/CVD
determinations are in accordance with the domestic laws of the
importing NAFTA Party, and must use the standard of review that would
have been applied by a domestic court of the importing NAFTA Party. A
panel may uphold the AD/CVD determination, or may remand it to the
national administering authority for action not inconsistent with the
panel's decision. Panel decisions may be reviewed in specific
circumstances by a three-member extraordinary challenge committee,
selected from a separate roster composed of fifteen current or former
judges.
Article 1903 of the NAFTA provides that a NAFTA Party may refer an
amendment to the AD/CVD statutes of another NAFTA Party to a binational
panel for a declaratory opinion as to whether the amendment is
inconsistent with the General Agreement on Tariffs and Trade
(``GATT''), the GATT Antidumping or Subsidies Codes, successor
agreements, or the object and purpose of the NAFTA with regard to the
establishment of fair and predictable conditions for the liberalization
of trade. If the panel finds that the amendment is inconsistent, the
two NAFTA Parties shall consult and seek to achieve a mutually
satisfactory solution.
Chapter 19 Roster and Composition of Binational Panels
Annex 1901.2 of the NAFTA provides for the maintenance of a roster
of at least 75 individuals for service on Chapter 19 binational panels,
with each NAFTA Party selecting at least 25 individuals. A separate
five-person panel is formed for each review of a final AD/CVD
determination or statutory amendment. To form a panel, the two NAFTA
Parties involved each appoint two panelists, normally by drawing upon
individuals from the roster. If the Parties cannot agree upon the fifth
panelist, one of the Parties, decided by lot, selects the fifth
panelist from the roster. The majority of individuals on each panel
must consist of lawyers in good standing, and the chair of the panel
must be a lawyer.
Upon each request for establishment of a panel, roster members from
the two involved NAFTA Parties will be requested to complete a
disclosure form, which will be 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 clients of the roster member and,
if applicable, clients of the roster member's firm.
Criteria for Eligibility for Inclusion on Chapter 19 Roster
Section 402 of the NAFTA Implementation Act (Pub. L. 103-182, as
amended (19 U.S.C. 3432)) (``Section 402'') provides that selections by
the United States of individuals for inclusion on the Chapter 19 roster
are to be based on the eligibility criteria set out in Annex 1901.2 of
the NAFTA, and without regard to political affiliation. Annex 1901.2
provides that Chapter 19 roster members must be citizens of a NAFTA
Party, must be of good character and of high standing and repute, and
are to be chosen strictly on the basis of their objectivity,
reliability, sound judgment, and general familiarity with international
trade law. Aside from judges, roster members may not be affiliated with
any of the three NAFTA Parties. Section 402 also provides that, to the
fullest extent practicable, judges and former judges who meet the
eligibility requirements should be selected.
Adherence to the NAFTA Code of Conduct for Binational Panelists
The ``Code of Conduct for Dispute Settlement Procedures Under
Chapters 19 and 20'' (see http://www.nafta-sec-alena.org/en/view.aspx?x=345&mtpiID=ALL), which was established pursuant to Article
1909 of the NAFTA, provides that current and former Chapter 19 roster
members ``shall avoid impropriety and the appearance of impropriety and
shall observe high standards of conduct so that the integrity and
impartiality of the dispute settlement process is preserved.'' The Code
also provides that candidates to serve on chapter 19 panels, as well as
those who are ultimately selected to serve as panelists, have an
obligation to ``disclose any interest, relationship or matter that is
likely to affect [their] impartiality or independence, or that might
reasonably create an appearance of impropriety or an apprehension of
bias.'' Annex 1901.2 of the NAFTA provides that roster members may
engage in other business while serving as panelists, subject to the
Code of Conduct and provided that such business does not interfere with
the performance of the panelist's duties. In
[[Page 62879]]
particular, Annex 1901.2 states that ``[w]hile acting as a panelist, a
panelist may not appear as counsel before another panel.''
Procedures for Selection of Chapter 19 Roster Members
Section 402 establishes procedures for the selection by the Office
of the United States Trade Representative (``USTR'') of the individuals
chosen by the United States for inclusion on the Chapter 19 roster. The
roster is renewed annually, and applies during the one-year period
beginning April 1 of each calendar year.
Under Section 402, an interagency committee chaired by USTR
prepares a preliminary list of candidates eligible for inclusion on the
Chapter 19 Roster. After consultation with the Senate Committee on
Finance and the House Committee on Ways and Means, USTR selects the
final list of individuals chosen by the United States for inclusion on
the Chapter 19 roster.
Remuneration
Roster members selected for service on a Chapter 19 binational
panel will be remunerated at the rate of 800 Canadian dollars per day.
Applications
Eligible individuals who wish to be included on the Chapter 19
roster for the period April 1, 2010, through March 31, 2011, are
invited to submit applications. Persons submitting applications may
either send one copy by fax to Sandy McKinzy at 202-395-3640, or should
be submitted electronically http://to www.regulations.gov, docket
number USTR-2009-0039.
To submit an application via http://www.regulations.gov, enter
docket number USTR-2009-0039 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 ``Submit a
Comment.'' (For further information on using the http://www.regulations.gov Web site, please consult the resources provided on
the website by clicking on ``How to Use This Site'' on the left side of
the home page.)
The http://www.regulations.gov site provides the option of
providing comments by filling in a ``Type Comment and Upload File''
field, or by attaching a document. It is expected that most
applications will be provided in an attached document. If a document is
attached, it is sufficient to type ``See attached'' in the ``Type
Comment and Upload File'' field.
Applications must be typewritten, and should be headed
``Application for Inclusion on NAFTA Chapter 19 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 e-mail
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. Spanish language fluency, 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 AD/CVD law. 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. List of proceedings brought under U.S., Canadian, or Mexican
AD/CVD law regarding imports of U.S., Canadian, or Mexican products in
which the applicant advised or represented (for example, as consultant
or attorney) any U.S., Canadian, or Mexican party to such proceeding
and, for each such proceeding listed, the name and country of
incorporation of such party.
13. A short statement of qualifications and availability for
service on Chapter 19 panels, 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.
Current Roster Members and Prior Applicants
Current members of the Chapter 19 roster who remain interested in
inclusion on the Chapter 19 roster must submit updated applications.
Individuals who have previously applied but have not been selected may
reapply. If an applicant, including a current or former roster member,
has previously submitted materials referred to in item 9, such
materials need not be resubmitted.
Public Disclosure
Applications normally will not be subject to public disclosure and
will not be posted publicly on http://www.regulations.gov. They may be
referred to other federal agencies 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 19 roster or
for appointment to binational panels, are subject to criminal sanctions
under 18 U.S.C. 1001.
Paperwork Reduction Act
This notice contains a collection of information provision subject
to the Paperwork Reduction Act (``PRA'') that has been approved by the
Office of Management and Budget (``OMB''). Notwithstanding any other
provision of law, no person is required to respond to nor shall a
person be subject to a penalty for failure to comply with a collection
of information subject to the requirements of the PRA unless that
collection of information displays a currently valid OMB number. This
notice's collection of information burden is only for those persons who
wish voluntarily to apply for nomination to the NAFTA Chapter 19
roster. It is expected that the collection of information burden will
be under 3 hours. This collection of information contains no annual
reporting or record keeping burden. This collection of information was
approved by OMB under OMB Control Number 0350-0014. Please send
comments regarding the collection of information burden or any
[[Page 62880]]
other aspect of the information collection to USTR at the above e-mail
address or fax number.
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 19 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 19 roster and for
service on Chapter 19 binational panels.
Daniel E. Brinza,
Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. E9-28751 Filed 11-30-09; 8:45 am]
BILLING CODE 3190-W0-P