Free Trade Agreements; Invitation for Applications for Inclusion on U.S.-Chile FTA Dispute Settlement Rosters, 73056-73058 [E5-7028]

Agencies

• Office of the United States Trade Representative
• Trade Representative, Office of United States

[Federal Register Volume 70, Number 235 (Thursday, December 8, 2005)]
[Notices]
[Pages 73056-73058]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-7028]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Free Trade Agreements; Invitation for Applications for Inclusion 
on U.S.-Chile FTA Dispute Settlement Rosters

AGENCY: Office of the United States Trade Representative.

ACTION: Invitation for Applications.

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SUMMARY: The United States-Chile Free Trade Agreement (Chile FTA) 
requires the establishment of four rosters of individuals that would be 
available to serve as panelists in dispute settlement proceedings under 
the Agreement. A general roster is required to be established under 
Chapter Twenty-Two: Dispute Settlement. Chapter Twelve on Financial 
Services, Chapter Eighteen on Labor, and Chapter Nineteen on 
Environment require the establishment of specific rosters requiring 
financial services, labor, and environment expertise, respectively.

DATES: Applications should be received no later than December 30, 2005.

ADDRESSES: Comments should be submitted (i) electronically, to 
FR0602@ustr.eop.gov, Attn: ``U.S.-Chile FTA Panelist Applications'' in 
the subject line, or (ii) by fax to Sandy McKinzy at (202) 395-3640.

FOR FURTHER INFORMATION CONTACT: For information regarding the form of 
the application, contact Sandy McKinzy, Litigation Assistant, USTR 
Office of Monitoring and Enforcement, at (202) 395-3582. For other 
inquiries, contact Mar[iacute]a L. Pag[aacute]n, Associate General 
Counsel, at (202) 395-7305.

SUPPLEMENTARY INFORMATION:

Dispute Settlement Mechanism of U.S.-Chile Free Trade Agreement

    The Chile FTA sets out detailed procedures for the resolution of 
disputes over compliance with the obligations set out in the agreement. 
Dispute settlement involves three stages: (1) Lower level consultations 
between the Parties to try to arrive at a mutually satisfactory

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resolution of the matter; (2) cabinet-level consultations; and, (3) 
resort to a neutral panel to make a determination as to whether a Party 
is in compliance with its obligations under the agreement. The panel is 
composed of three individuals chosen by the Parties.
    The Chile FTA requires the establishment of a general dispute 
settlement roster from which panelists shall normally be selected. The 
roster must be comprised of at least 20 individuals, at least six of 
whom should be non-nationals of either Party. Once established, the 
roster remains in effect for a minimum of three years. See Chile FTA, 
Article 22.7. The Chile FTA also requires the establishment of three 
additional rosters, one each for disputes under the Financial Services 
Chapter (Chapter Twelve), the Labor Chapter (Chapter Eighteen), and the 
Environment Chapter (Chapter Nineteen). The financial services roster 
must be comprised of up to 10 individuals, up to four of whom must be 
non-nationals of either Party. See Chile FTA, Article 12.17. The labor 
roster must be comprised of up to 12 individuals, four of whom must be 
non-nationals of either Party. See Chile FTA, Article 18.7. The 
environment roster must be comprised of at least 12 individuals, four 
of whom must be non-nationals of either Party. See Chile FTA, Article 
19.7.
    Upon each request for establishment of a panel, potential panelists 
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 potential panelist and, if applicable, clients of the potential 
panelist's firm.
    The text of the Chile FTA can be found through the Office of the 
U.S. Trade Representative Web site (www.ustr.gov/Trade_Agreements/
Section_Index.html).

Criteria for Eligibility for Qualification as Panelist

    To qualify as a panelist for the general roster an individual must: 
(1) Have expertise or experience in law, international trade, other 
matters covered by the Agreement, or the resolution of disputes arising 
under international trade agreements; (2) be objective, reliable, and 
possess sound judgment; (3) be independent of, and not be affiliated 
with or take instructions from any Party; and (4) comply with a code of 
conduct. The United States seeks at least 10 individuals, at least 
three of whom must be non-nationals of the United States or Chile.
    To qualify as a panelist for the financial services roster an 
individual must have expertise or experience in financial services law 
or practice, which may include the regulation of financial 
institutions, and meet the qualifications set out in (2) through (4) 
above. The United States seeks at least five individuals, up to two of 
whom should be non-nationals of the United States or Chile.
    To qualify as a panelist for the labor roster an individual must 
have expertise or experience in labor law or its enforcement, or in the 
resolution of disputes arising under international agreements, and meet 
the qualifications set out in (2) through (4) above. The United States 
seeks six individuals, two of whom must be non-nationals of the United 
States or Chile.
    To qualify as a panelist for the environment roster an individual 
must have expertise or experience in environmental law or its 
enforcement, international trade, or the resolution of disputes arising 
under international trade agreements, and meet the qualifications set 
out in (2) through (4) above. The United States seeks at least six 
individuals, at least two of whom must be non-nationals of the United 
States or Chile.

Procedures for Selection of Roster Members

    An interagency committee chaired by USTR prepares a preliminary 
list of candidates eligible for inclusion on the various rosters and 
lists. 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 rosters 
and lists.

Applications

    Eligible individuals who wish to be considered for the Chile FTA 
rosters are invited to submit applications. Persons submitting 
applications may either send one copy by fax to Sandy McKinzy at (202) 
395-3640, or transmit a copy electronically to FR0602@ustr.eop.gov, 
with ``Chile FTA Panelist Application'' in the subject line. USTR 
encourages the submission of documents in Adobe PDF format, as 
attachments to an electronic mail. Interested persons who make 
submissions by electronic mail should not provide separate cover 
letters; information that might appear in a cover letter should be 
included in the submission itself. Similarly, to the extent possible, 
any attachments to the submission should be included in the same file 
as the submission itself, and not as separate files.
    Applications must be typewritten, and should be headed 
``Application for Consideration as a Chile FTA Panelist.'' Applicants 
must specify for which of the four rosters they wish to be considered: 
General, Financial Services, Labor, or Environment. Applicants may 
specify more than one 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 the relevant area of expertise. Judges or former judges 
should list relevant judicial decisions. Only one copy of publications, 
testimony, speeches, and decisions need be submitted.
    10. A list of international trade proceedings or domestic 
proceedings relating to international trade matters in which the 
applicant has provided advice to a party or otherwise participated.
    11. Summary of any current and past employment by, or consulting or 
other work for, the Government of the United States or for the 
Government of Chile.
    12. 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.
    13. A short statement of qualifications and availability for 
service on the FTA dispute settlement panels, including information 
relevant to the applicant's familiarity with international trade law 
and relevant area(s) for the roster(s) for which the applicant seeks to 
be considered, and willingness and ability to make time commitments 
necessary for service on panels.

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    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 the 
relevant area of expertise.

Public Disclosure

    Applications normally will not be subject to public disclosure. 
Applications may be shared with other agencies, the Ways and Means 
Committee of the House of Representatives, the Finance Committee of the 
Senate, and the Government of Chile for their consideration in 
determining whether to appoint persons to the rosters.

False Statements

    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 roster or 
appointment to a panel 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 consideration as a possible Chile FTA 
panelist. It is expected that the collection of information burden will 
be under 3 hours. This collection of information contains no annual 
reporting or recordkeeping burden. This collection of information was 
approved by OMB under OMB Control Number 0350-0013. Please send 
comments regarding the collection of information burden or any 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). Provision of the information 
requested above is voluntary; however, failure to provide the 
information will preclude your consideration as a candidate to be a 
Chile FTA panelist. The information provided is needed, and will be 
used by USTR, other federal government trade policy officials concerned 
with dispute settlement under the Chile FTA, and officials of the 
Government of Chile to select well-qualified individuals to serve as 
panelists.

Daniel E. Brinza,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. E5-7028 Filed 12-7-05; 8:45 am]
BILLING CODE 3190-W6-P