[Federal Register Volume 75, Number 162 (Monday, August 23, 2010)]
[Notices]
[Pages 51869-51870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20756]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. USTR-2010-0023]
CAFTA-DR Consultation Request Regarding Guatemala's Apparent
Failure to Effectively Enforce its Labor Laws
AGENCY: Office of the United States Trade Representative.
ACTION: Notice; request for comments.
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SUMMARY: The Office of the United States Trade Representative (USTR) is
providing notice that on July 30, 2010, pursuant to the Labor Chapter
(Chapter 16) of the Dominican Republic-Central America-United States
Free Trade Agreement (CAFTA-DR), the United States requested
consultations with the Government of Guatemala to discuss Guatemala's
apparent failure to meet its obligation under Article 16.2.1(a) to
effectively enforce its labor laws. The consultations request may be
found at http://www.ustr.gov/trade-agreements/free-trade-agreements/cafta-dr-dominican-republic-central-america-fta/kirk-solis-le. USTR
invites written comments from the public concerning the issues that
will be raised in consultations.
DATES: Although USTR will accept any comments received during the
course of the consultations, comments should be submitted on or before
September 22, 2010 to be assured of timely consideration by USTR.
ADDRESSES: Public comments should be submitted electronically to http://www.regulations.gov, docket number USTR-2010-0023. If you are unable
to provide submissions through http://www.regulations.gov, please
contact Sandy McKinzy at (202) 395-9483 to arrange for an alternative
method of transmission. If (as explained below) the comment contains
confidential information, then the comment should be submitted by fax
only to Sandy McKinzy at (202) 395-3640.
FOR FURTHER INFORMATION CONTACT: Carlos Quintana, Special Counsel for
Trade and Labor, Office of the United States Trade Representative, 600
17th Street, NW., Washington, DC 20508, (202) 395-9439.
SUPPLEMENTARY INFORMATION: On July 30, 2010, the United States
requested consultations with the Government of Guatemala to discuss
issues and matters related to Guatemala's obligations under Article
16.2.1(a) of the CAFTA-DR, as well as under Chapter Sixteen of the
CAFTA-DR more broadly. Article 16.2.1(a) requires that ``[a] Party
shall not fail to effectively enforce its labor
[[Page 51870]]
laws, through a sustained or recurring course of action or inaction, in
a manner affecting trade between the Parties, after the date of entry
into force of this Agreement.'' The consultations were requested
pursuant to Article 16.6.1 of the CAFTA-DR, which states that ``[a]
Party may request consultations with another Party regarding any matter
arising under this Chapter. * * *''
Issues Raised by the United States
In its request for consultations, the United States notes that the
Government of Guatemala appears to be failing to meet its obligations
under Article 16.2.1(a) with respect to effective enforcement of
Guatemalan labor laws related to the right of association, the right to
organize and bargain collectively, and acceptable conditions of work.
Based on an extensive examination of Guatemala's labor laws, collection
of factual evidence, and analysis of Guatemala's obligations under
Article 16.2.1(a), the United States identified a significant number of
failures by Guatemala to enforce its labor laws, constituting a
sustained or recurring course of action or inaction. Failures include:
(1) Ministry of Labor failures to investigate alleged labor law
violations; (2) Ministry of Labor failures to take enforcement action
once the Ministry identified a labor law violation, and (3) Court
failures to enforce Labor Court orders in cases involving labor law
violations.
Public Comment: Requirements for Submissions
Interested persons are invited to submit written comments
concerning the issues that will be raised in consultations. Persons may
submit public comments electronically to http://www.regulations.gov
docket number USTR-2010-0023. If you are unable to provide submissions
by http://www.regulations.gov, please contact Sandy McKinzy at (202)
395-9483 to arrange for an alternative method of transmission.
To submit comments via http://www.regulations.gov, enter docket
number 2010-0023 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 Web site by clicking on ``How to
Use This Site'' on the left side of the home page.)
The 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 comments 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.
A person requesting that information contained in a comment
submitted by that person be treated as confidential business
information must certify that such information is business confidential
and would not customarily be released to the public by the submitter.
Confidential business information must be clearly designated as such
and the submission must be marked ``BUSINESS CONFIDENTIAL'' at the top
and bottom of the cover page and each succeeding page. Any comment
containing business confidential information must be submitted by fax
to Sandy McKinzy at (202) 395-3640. A non-confidential summary of the
confidential information must be submitted to www.regulations.gov. The
non-confidential summary will be placed in the docket and open to
public inspection.
Information or advice contained in a comment submitted, other than
business confidential information, may be determined by USTR to be
confidential in accordance with section 135(g)(2) of the Trade Act of
1974 (19 U.S.C. 2155(g)(2)). If the submitter believes that information
or advice may qualify as such, the submitter--
(1) Must clearly so designate the information or advice;
(2) Must clearly mark the material as ``SUBMITTED IN CONFIDENCE''
at the top and bottom of the cover page and each succeeding page; and
(3) Must provide a non-confidential summary of the information or
advice.
Any comment containing confidential information must be submitted by
fax. A non-confidential summary of the confidential information must be
submitted to http://www.regulations.gov. The non-confidential summary
will be placed in the docket and open to public inspection.
USTR will maintain a docket on this matter accessible to the
public. The public file will include non-confidential comments received
by USTR from the public with respect to this matter.
Comments will be placed in the docket and open to public inspection
pursuant to 15 CFR 2006.13, except confidential business information
exempt from public inspection in accordance with 15 CFR 2006.15 or
information determined by USTR to be confidential in accordance with 19
U.S.C. 2155(g)(2). Comments open to public inspection may be viewed on
the www.regulations.gov Web site.
Elissa M. Alben,
Acting Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. 2010-20756 Filed 8-20-10; 8:45 am]
BILLING CODE 3190-W0-P