[Federal Register Volume 75, Number 64 (Monday, April 5, 2010)]
[Notices]
[Pages 17198-17200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7513]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Trade Policy Staff Committee: Public Comments Regarding Granting
Suriname Eligibility for Benefits Under the Caribbean Basin Economic
Recovery Act and the Caribbean Basin Trade Partnership Act
AGENCY: Office of the United States Trade Representative.
ACTION: Notice and request for public comment.
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SUMMARY: The Trade Policy Staff Committee (TPSC) is seeking comments
from the public on whether Suriname should be designated as eligible to
receive benefits under the Caribbean Basin Economic Recovery Act
(CBERA), as amended by the Caribbean Basin Trade Partnership Act
(CBTPA) (19 U.S.C. 2701 et seq.). Although Congress has identified
Suriname as potentially eligible for benefits, the government of
Suriname did not request beneficiary status under either the CBERA or
the CBTPA until December 2009. The TPSC invites written comments
concerning whether Suriname meets the criteria described in sections
212(b), 212(c), and 213(b)(5)(B) of the CBERA, as amended. The TPSC
will consider these comments in developing its recommendation to the
President regarding Suriname's eligibility for benefits under CBERA and
CBTPA.
DATES: Public comments are due at USTR no later than 5 p.m., May 17,
2010.
ADDRESSES: Comments should be submitted electronically via the Internet
at http://www.regulations.gov. For alternatives to on-line submissions
please contact Gloria Blue, Executive Secretary, Trade Policy Staff
Committee, at (202) 395-3475.
FOR FURTHER INFORMATION CONTACT: For procedural questions concerning
written comments, contact Gloria Blue, Executive Secretary, Trade
Policy Staff Committee, at (202) 395-3475. All other questions should
be directed to Kent Shigetomi, Office of the Americas, Office of the
United States Trade Representative, 600 17th Street, NW., Room 523,
Washington, DC 20508. His telephone number is (202) 395-3412.
SUPPLEMENTARY INFORMATION: Interested parties are invited to submit
comments on whether Suriname meets or fails to satisfy the eligibility
criteria described in sections 212(b), 212(c), and 213(b)(5)(B) of the
CBERA, as amended. Those criteria may be accessed at http://www.tinyurl.com/yelwmc5, and are summarized below.
Eligibility Criteria for Designation as a Beneficiary Country Under
CBERA and CBTPA (Sections 212(b) and (c) of CBERA)
After a country identified in the statute as a potential
beneficiary country requests benefits under CBERA and CBTPA, the
President must determine whether to designate the country as a
beneficiary under the two programs. In determining whether to designate
a country as a CBERA beneficiary country, the President must take into
account the criteria contained in section 212(b) of the CBERA, which
include whether the country: (1) Is a Communist country; (2) has
nationalized, expropriated or otherwise seized ownership or control of
property owned by a United States citizen or by a corporation,
partnership, or association which is 50 percent or more beneficially
owned by United States citizens, or taken certain steps that have such
an effect, without proper compensation or arbitration of the dispute;
(3) fails to act in good faith in enforcing arbitral awards in favor of
United States citizens or a corporation, partnership or association
which is 50 percent or more beneficially owned by United States
citizens; (4) affords preferential treatment to the products of a
developed country, other than the United States, which has, or is
likely to have, a
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significant adverse effect on United States commerce; (5) owns an
entity that engages in the broadcast of copyrighted material belonging
to United States copyright owners without their express consent; (6) is
a signatory to a treaty, convention, protocol, or other agreement
regarding the extradition of United States citizens; and (7) has not or
is not taking steps to afford internationally recognized worker rights
(as defined in section 507(4) of the Trade Act of 1974 (19 U.S.C.
2467(4))) to workers in the country.
The President must also take into account the criteria contained in
section 212(c) of the CBERA, which include: (1) The economic conditions
in such country; (2) the extent to which such country has assured the
United States it will provide equitable and reasonable access to the
markets and basic commodity resources of such country; (3) the degree
to which such country follows the accepted rules of international trade
provided for under the World Trade Organization (WTO) Agreement and the
multilateral trade agreements; (4) the degree to which such country
uses export subsidies or imposes export performance requirements or
local content requirements which distort international trade; (5) the
degree to which the trade policies of such country as they relate to
other beneficiary countries are contributing to the revitalization of
the region; (6) the degree to which such country is undertaking self-
help measures to promote its own economic development; (7) whether or
not such country has taken or is taking steps to afford to workers in
that country internationally recognized worker rights; (8) the extent
to which such country provides under its law adequate and effective
means for foreign nationals to secure, exercise, and enforce exclusive
rights in intellectual property; (9) the extent to which such country
prohibits its nationals from engaging in the broadcast of copyrighted
material belonging to United States copyright owners without their
express consent; (10) and the extent to which such country is prepared
to cooperate with the United States in the administration of the
provisions of the CBERA.
Eligibility Criteria for CBTPA Beneficiary Countries (Section
213(b)(5)(B) of the CBERA)
In determining whether to designate a country as a CBTPA
beneficiary country, the President must take into account the criteria
contained in sections 212(b) and (c) of CBERA described above, and
other appropriate criteria, including the following criteria contained
in section 213(b)(5)(B) of the CBERA: (1) Whether the beneficiary
country has demonstrated a commitment to undertake its obligations
under the WTO Agreement and participate in negotiations toward the
completion of the Free Trade Area of the Americas or another free trade
agreement; (2) the extent to which the country provides protection of
intellectual property rights consistent with or greater than the
protection afforded under the Agreement on Trade-Related Aspects of
Intellectual Property Rights described in section 101(d)(15) of the
Uruguay Round Agreements Act (19 U.S.C. 3511(d)(15)); (3) the extent to
which the country provides internationally recognized worker rights;
(4) whether the country has implemented its commitments to eliminate
the worst forms of child labor; (5) the extent to which the country has
met U.S. counter-narcotics certification criteria under the Foreign
Assistance Act of 1961; (6) the extent to which the country has taken
steps to become a party to and implement the Inter-American Convention
Against Corruption; and (7) the extent to which the country applies
transparent, nondiscriminatory and competitive procedures in government
procurement and contributes to efforts in international fora to develop
and implement rules on transparency in government procurement.
Additionally, before a country can receive benefits under the
CBTPA, the President must also determine that the country has satisfied
the requirements of section 213(b)(4)(A)(ii) of CBERA (19 U.S.C.
2703(b)(4)(A)(ii)) relating to the implementation of procedures and
requirements similar to the relevant procedures and requirements
contained in chapter 5 of the North American Free Trade Agreement.
Requirements for Submissions. Persons submitting comments must do
so in English and must identify (on the first page of the submission)
the ``Suriname CBERA and CBTPA Eligibility.'' Written comments must be
received by May 17, 2010.
In order to ensure the most timely and expeditious receipt and
consideration of comments, USTR has arranged to accept on-line
submissions via http://www.regulations.gov. To submit comments via
http://www.regulations.gov, enter docket number USTR-2010-0011 on the
home page and click ``go''. 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 ``Send
a Comment or Submission.'' (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 http://www.regulations.gov Web site provides the option of
making submissions by filling in a ``General Comments'' field, or by
attaching a document. We expect that most submissions will be provided
in an attached document. If a document is attached, it is sufficient to
type ``See attached'' in the ``General Comments'' field.
Submissions in Microsoft Word (.doc) or Adobe Acrobat (.pdf) are
preferred. If an application other than those two is used, please
identify in your submission the specific application used. For any
comments submitted electronically containing business confidential
information, the file name of the business confidential version should
begin with the characters ``BC'' and must be submitted separately from
the public version. Any page containing business confidential
information must be clearly marked ``BUSINESS CONFIDENTIAL'' on the top
of that page. If you file comments containing business confidential
information you must also submit a public version of the comments under
a separate submission. The file name of the public version should begin
with the character ``P''. The ``BC'' and ``P'' should be followed by
the name of the person or entity submitting the comments. If you submit
comments that contain no business confidential information, the file
name should begin with the character ``P'', followed by the name of the
person or entity submitting the comments. Electronic submissions should
not attach separate cover letters; rather, information that might
appear in a cover letter should be included in the comments you submit.
Similarly, to the extent possible, please include any exhibits,
annexes, or other attachments to a submission in the same file as the
submission itself and not as separate files.
We strongly urge submitters to use electronic filing. If an on-line
submission is impossible, alternative arrangements must be made with
Ms. Blue prior to delivery for the receipt of such submissions. Ms.
Blue may be contacted at (202) 395-3475. General information concerning
the Office of the United States Trade Representative may
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be obtained by accessing its Internet Web site (http://www.ustr.gov).
Carmen Suro-Bredie,
Chairman, Trade Policy Staff Committee.
[FR Doc. 2010-7513 Filed 4-2-10; 8:45 am]
BILLING CODE 3190-W0-P