Determinations Under Section 1106(a) of the Omnibus Trade and Competitiveness Act of 1988 Socialist Republic of Vietnam, 66223-66224 [06-9193]

Download as PDF 66223 Presidential Documents Federal Register Vol. 71, No. 218 Monday, November 13, 2006 Title 3— Memorandum of November 6, 2006 The President Determinations Under Section 1106(a) of the Omnibus Trade and Competitiveness Act of 1988—Socialist Republic of Vietnam Memorandum for the United States Trade Representative Consistent with section 1006(a) of the Omnibus Trade and Competitiveness Act of 1988 (19 U.S.C. 2905(a)) (the ‘‘Act’’), I determine that state trading enterprises account for a significant share of the exports of the Socialist Republic of Vietnam (Vietnam) and goods that compete with imports into Vietnam. I further determine that such state trading enterprises unduly burden and restrict, or adversly affect, the foreign trade of the United States or the United States economy, or are likely to result in such burden, restriction, or effect. hsrobinson on PROD1PC61 with PRESDOC Vietnam is seeking to become a member of the World Trade Organization (WTO). The terms and conditions for Vietnam’s accession to the WTO include Vietnam’s commitments that it will ensure that all state trading enterprises within the meaning of section 1106 will make purchases not for governmental use and sales in international trade based solely on commercial considerations (including price, quality, availability, marketability, and transportation) and that U.S. firms will have an adequate opportunity, in accordance with customary business practice, to compete for participation in sales to and purcahses from these enterprises on nondiscriminatory terms and conditions. In addition, the Government of Vietnam will not influence, directly or indirectly, commercial decisions on the part of state trading enterprises, including decisions on the quantity, value, or country of origin of any goods purchased or sold, except in a manner consistent with the Marrakesh Agreement Establishing the World Trade Organization (WTO Agreement) and the rights accorded to nongovernmental enterprise owners or shareholders. VerDate Aug<31>2005 16:12 Nov 09, 2006 Jkt 211001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\13NOO0.SGM 13NOO0 66224 Federal Register / Vol. 71, No. 218 / Monday, November 13, 2006 / Presidential Documents The obligations that Vietnam will assume under the WTO Agreement, including Vietnam’s protocol of accession, meet the requirements of section 1106(b)(2)(A) of the Act (19 U.S.C. 2905(b)(2)(A)), and thus my determinations under section 1106(a) do not require invocation of the nonapplication provisions of the WTO Agreement. You are directed to publish this memorandum in the Federal Register. THE WHITE HOUSE, Washington, November 6, 2006. [FR Doc. 06–9193 Filed 11–9–06; 8:45 am] VerDate Aug<31>2005 16:12 Nov 09, 2006 Jkt 211001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\13NOO0.SGM 13NOO0 GWBOLD.EPS</GPH> hsrobinson on PROD1PC61 with PRESDOC Billing code 3190–01–M

Agencies

[Federal Register Volume 71, Number 218 (Monday, November 13, 2006)]
[Presidential Documents]
[Pages 66223-66224]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-9193]



[[Page 66221]]

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Part II





The President





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Memorandum of November 6, 2006--Determinations Under Section 1106(a) of 
the Omnibus Trade and Competitiveness Act of 1988--Socialist Republic 
of Vietnam


                        Presidential Documents 



Federal Register / Vol. 71, No. 218 / Monday, November 13, 2006 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 66223]]

                Memorandum of November 6, 2006

                
Determinations Under Section 1106(a) of the 
                Omnibus Trade and Competitiveness Act of 1988--
                Socialist Republic of Vietnam

                Memorandum for the United States Trade Representative

                Consistent with section 1006(a) of the Omnibus Trade 
                and Competitiveness Act of 1988 (19 U.S.C. 2905(a)) 
                (the ``Act''), I determine that state trading 
                enterprises account for a significant share of the 
                exports of the Socialist Republic of Vietnam (Vietnam) 
                and goods that compete with imports into Vietnam. I 
                further determine that such state trading enterprises 
                unduly burden and restrict, or adversly affect, the 
                foreign trade of the United States or the United States 
                economy, or are likely to result in such burden, 
                restriction, or effect.

                Vietnam is seeking to become a member of the World 
                Trade Organization (WTO). The terms and conditions for 
                Vietnam's accession to the WTO include Vietnam's 
                commitments that it will ensure that all state trading 
                enterprises within the meaning of section 1106 will 
                make purchases not for governmental use and sales in 
                international trade based solely on commercial 
                considerations (including price, quality, availability, 
                marketability, and transportation) and that U.S. firms 
                will have an adequate opportunity, in accordance with 
                customary business practice, to compete for 
                participation in sales to and purcahses from these 
                enterprises on nondiscriminatory terms and conditions. 
                In addition, the Government of Vietnam will not 
                influence, directly or indirectly, commercial decisions 
                on the part of state trading enterprises, including 
                decisions on the quantity, value, or country of origin 
                of any goods purchased or sold, except in a manner 
                consistent with the Marrakesh Agreement Establishing 
                the World Trade Organization (WTO Agreement) and the 
                rights accorded to nongovernmental enterprise owners or 
                shareholders.

[[Page 66224]]

                The obligations that Vietnam will assume under the WTO 
                Agreement, including Vietnam's protocol of accession, 
                meet the requirements of section 1106(b)(2)(A) of the 
                Act (19 U.S.C. 2905(b)(2)(A)), and thus my 
                determinations under section 1106(a) do not require 
                invocation of the nonapplication provisions of the WTO 
                Agreement.

                You are directed to publish this memorandum in the 
                Federal Register.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, November 6, 2006.

[FR Doc. 06-9193
Filed 11-9-06; 8:45 am]
Billing code 3190-01-M