Certification Related to the Khmer Rouge Tribunal Under Section 7071(c) of the Department of State, Foreign Operations and Related Programs Appropriations Act, 2010 (Division F, Pub. L. 111-117), 17197-17198 [2010-7631]
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Federal Register / Vol. 75, No. 64 / Monday, April 5, 2010 / Notices
proposed rule change (File No. SR–
DTC–2010–03) be and hereby is
approved.
For the Commission by the Division of
Trading and Markets, pursuant to delegated
authority.8
Florence E. Harmon,
Deputy Secretary.
Dated: March 26, 2010.
Maura M. Pally,
Deputy Assistant Secretary for Professional
and Cultural Exchanges, Bureau of
Educational and Cultural Affairs, Department
of State.
[FR Doc. 2010–7632 Filed 4–2–10; 8:45 am]
BILLING CODE 4710–05–P
[FR Doc. 2010–7553 Filed 4–2–10; 8:45 am]
DEPARTMENT OF STATE
BILLING CODE 8011–01–P
[Public Notice 6941]
DEPARTMENT OF STATE
[Public Notice 6940]
Culturally Significant Objects Imported
for Exhibition Determinations:
‘‘Cyprus: Crossroads of Civilizations’’
jlentini on DSKJ8SOYB1PROD with NOTICES
SUMMARY: Notice is hereby given of the
following determinations: Pursuant to
the authority vested in me by the Act of
October 19, 1965 (79 Stat. 985; 22 U.S.C.
2459), Executive Order 12047 of March
27, 1978, the Foreign Affairs Reform and
Restructuring Act of 1998 (112 Stat.
2681, et seq.; 22 U.S.C. 6501 note, et
seq.), Delegation of Authority No. 234 of
October 1, 1999, Delegation of Authority
No. 236 of October 19, 1999, as
amended, and Delegation of Authority
No. 257 of April 15, 2003 [68 FR 19875],
I hereby determine that the objects to be
included in the exhibition ‘‘Cyprus:
Crossroads of Civilizations,’’ imported
from abroad for temporary exhibition
within the United States, are of cultural
significance. The objects are imported
pursuant to a loan agreement with the
foreign owner or custodian. I also
determine that the exhibition or display
of the exhibit objects at the Smithsonian
Institution, National Museum of Natural
History, Washington, DC, from on or
about September 1, 2010, until on or
about April 15, 2011, and at possible
additional exhibitions or venues yet to
be determined, is in the national
interest. I have ordered that Public
Notice of these Determinations be
published in the Federal Register.
FOR FURTHER INFORMATION CONTACT: For
further information, including a list of
the exhibit objects, contact Paul W.
Manning, Attorney-Adviser, Office of
the Legal Adviser, U.S. Department of
State (telephone: 202–632–6469). The
mailing address is U.S. Department of
State, SA–5, L/PD, Fifth Floor (Suite
5H03), Washington, DC 20522–0505.
8 17
CFR 200.30–3(a)(12).
VerDate Nov<24>2008
16:35 Apr 02, 2010
Jkt 220001
Certification Related to the Khmer
Rouge Tribunal Under Section 7071(c)
of the Department of State, Foreign
Operations and Related Programs
Appropriations Act, 2010 (Division F,
Pub. L. 111–117)
Pursuant to the authority vested in the
Secretary of State, including under
Section 7071(c) of the Department of
State, Foreign Operations, and Related
Programs Appropriations Act (SOFAA),
2010, and Delegation of Authority 245–
1, I hereby certify that the United
Nations and Government of Cambodia
are taking credible steps to address
allegations of corruption and
mismanagement within the Khmer
Rouge Tribunal.
This Certification and related
Memorandum of Justification shall be
provided to the appropriate committees
of the Congress and published in the
Federal Register.
Dated: March 23, 2010.
Jacob J. Lew,
Deputy Secretary of State.
Memorandum of Justification Under
Section 7071(c) of the Department of
State, Foreign Operations and Related
Programs Appropriations Act, 2010
Section 7071(c) of the Department of
State, Foreign Operations and Related
Program Appropriations Act, 2010 (Div.
F Pub. L. 111–117) provides that funds
appropriated in the Act for a United
States contribution may only be made
available if the Secretary of State
certifies to the Committees on
Appropriations that the United Nations
and Government of Cambodia are taking
credible steps to address allegations of
corruption and mismanagement within
the Extraordinary Chambers in the
Courts of Cambodia (ECCC), also
commonly known as the ‘‘Khmer Rouge
Tribunal’’ (KRT). Deputy Secretary Lew
has signed the certification pursuant to
State Department Delegation of
Authority 245–1.
Factors Justifying Determination and
Certification
In late 2008 the former Director in the
ECCC Office of Administration, the
PO 00000
Frm 00078
Fmt 4703
Sfmt 4703
17197
person in charge when allegations of
administrative corruption at the court
first surfaced, was put on indefinite
medical leave, effectively removing him
from the court. His replacement, the
current Acting Director, is considered to
have shown himself a competent
Administrator who has cooperated well
with the donor community, other court
officials, and the United Nations Office
of Legal Affairs. The Deputy
Administrator, selected by the UN and
a person with many years of
administrative experience, has a
constructive working relationship with
the Acting Director and plays an active
and positive role with the UN and the
donor community. Since before the
departure of the ECCC Director of
Administration, there have been no
reports alleging new instances of
corruption at the Khmer Rouge
Tribunal. In the view of the State
Department, other countries in the
donor community, prominent court
officials, and non-governmental
organizations (NGOs), the court appears
corruption-free at this time.
These administrative corruption
allegations did not compromise the
fundamental integrity of the court. In
November of 2009 the court successfully
concluded Case 001—the trial against
the former chief of the Tuol Sleng
torture center, Kaing Guek Eav (‘‘Duch’’).
His trial was the first meaningful
attempt to hold a Khmer Rouge official
accountable for war crimes committed
under the Khmer Rouge regime. The
United States, foreign governments, and
NGOs monitoring the court agree that
proceedings met international standards
of justice.
Most recently, the investigative phase
of Case 002, against four surviving
senior leaders of the Khmer Rouge
regime, was closed. Motions and
appeals are now being heard in
accordance with the rules of the court,
and an indictment is expected in the fall
of 2010.
In August 2009 the United Nations
Office of Legal Affairs and the
Government of Cambodia reached
agreement to establish an Independent
Counsellor to serve as a deterrent
against corruption and address potential
future incidents of corruption or other
forms of misconduct at the court. By
mutual agreement Uth Chhorn, the
Cambodian Auditor General, was
selected to serve this role. To date the
Independent Counsellor has established
his own office, with a direct phone line
and e-mail for receiving complaints
confidentially. Last November he
released a ‘‘Meet the Independent
Counsellor’’ document to all court staff
explaining his role, how he can be
E:\FR\FM\05APN1.SGM
05APN1
jlentini on DSKJ8SOYB1PROD with NOTICES
17198
Federal Register / Vol. 75, No. 64 / Monday, April 5, 2010 / Notices
reached, and when he should be
contacted. The circular outlined his
roles and responsibilities, which
include provision of an annual report to
the UN Office of Legal Affairs and the
Cambodian Government. Recently these
two parties have also finalized more
detailed operational guidelines, and the
Independent Counsellor met with
administrators, court staff, and the
diplomatic community to further
explain his role and highlight his
commitment to protecting the identities
of complainants and ensuring that there
would be no reprisals against whistleblowers. The United States, in
coordination with other donor nations,
is conducting ongoing diplomatic efforts
with both the United Nations Office of
Legal Affairs and Government of
Cambodia to assist in making the
Independent Counsellor fully
operational.
The United Nations Office of Legal
Affairs and Government of Cambodia
have also recently reached agreement on
a new international co-prosecutor—
Andrew Cayley of the United Kingdom.
He has been well received by the donor
community and NGOs, and has over a
decade of experience in international
justice, having worked at the
International Criminal Tribunal for the
former Yugoslavia, International
Criminal Court, and Special Court for
Sierra Leone. The selection of Andrew
Cayley is another indicator of ongoing
cooperation between the two parties and
their willingness to work constructively
together to advance the court.
As a result of its first contribution of
$1.8 million in 2009, the United States
is playing a leadership role with respect
to oversight of the court by currently
serving as the chair of the KRT Steering
Committee, a position which rotates on
a quarterly basis. The United States also
plays a leading role in the donors group
in Phnom Penh, Cambodia. An
additional contribution will indicate an
ongoing commitment to the work of the
court, and improve our position in
discussions at the Steering Committee
and with other current and potential
donors.
Last month, the KRT’s budget was
approved. The budget reflected good
management practices, including
meaningful and realistic projections of
the timelines for completion of the
court’s caseload. The State Department
had an opportunity to review and
approve the budget during its
consideration by the Steering
Committee and was satisfied that it was
administratively and financially sound.
The KRT provides a monthly report to
the UN Controller and the UN
Department of Economic and Social
VerDate Nov<24>2008
16:35 Apr 02, 2010
Jkt 220001
Affairs, which closely monitors the
activities of the court including its
expenditures. In addition, all hiring on
the international side of the court is
vetted by the UN Department of
Economic and Social Affairs. The UN
Office of Legal Affairs actively engages
on judicial management issues, such as
shifting the pre-trial Chamber to sit on
a full-time basis in order to improve the
efficiency of the court and to expedite
its decision-making.
Certification and United States Policy
Objectives
Certification recognizes the efforts of
the United Nations and the Government
of Cambodia to address allegations of
corruption and mismanagement within
the tribunal. It is not an indication,
however, that no further work needs to
be done. Both parties must continue to
exercise oversight of court operations,
and the donor community and NGOs
must continue their vigilant engagement
with the United Nations and Cambodian
government to ensure that the Khmer
Rouge Tribunal remains corruption-free
and well-managed.
[FR Doc. 2010–7631 Filed 4–2–10; 8:45 am]
BILLING CODE 4710–30–P
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.
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
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
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 https://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
https://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
E:\FR\FM\05APN1.SGM
05APN1
]]>Agencies
[Federal Register Volume 75, Number 64 (Monday, April 5, 2010)]
[Notices]
[Pages 17197-17198]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7631]
-----------------------------------------------------------------------
DEPARTMENT OF STATE
[Public Notice 6941]
Certification Related to the Khmer Rouge Tribunal Under Section
7071(c) of the Department of State, Foreign Operations and Related
Programs Appropriations Act, 2010 (Division F, Pub. L. 111-117)
Pursuant to the authority vested in the Secretary of State,
including under Section 7071(c) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act (SOFAA), 2010, and
Delegation of Authority 245-1, I hereby certify that the United Nations
and Government of Cambodia are taking credible steps to address
allegations of corruption and mismanagement within the Khmer Rouge
Tribunal.
This Certification and related Memorandum of Justification shall be
provided to the appropriate committees of the Congress and published in
the Federal Register.
Dated: March 23, 2010.
Jacob J. Lew,
Deputy Secretary of State.
Memorandum of Justification Under Section 7071(c) of the Department of
State, Foreign Operations and Related Programs Appropriations Act, 2010
Section 7071(c) of the Department of State, Foreign Operations and
Related Program Appropriations Act, 2010 (Div. F Pub. L. 111-117)
provides that funds appropriated in the Act for a United States
contribution may only be made available if the Secretary of State
certifies to the Committees on Appropriations that the United Nations
and Government of Cambodia are taking credible steps to address
allegations of corruption and mismanagement within the Extraordinary
Chambers in the Courts of Cambodia (ECCC), also commonly known as the
``Khmer Rouge Tribunal'' (KRT). Deputy Secretary Lew has signed the
certification pursuant to State Department Delegation of Authority 245-
1.
Factors Justifying Determination and Certification
In late 2008 the former Director in the ECCC Office of
Administration, the person in charge when allegations of administrative
corruption at the court first surfaced, was put on indefinite medical
leave, effectively removing him from the court. His replacement, the
current Acting Director, is considered to have shown himself a
competent Administrator who has cooperated well with the donor
community, other court officials, and the United Nations Office of
Legal Affairs. The Deputy Administrator, selected by the UN and a
person with many years of administrative experience, has a constructive
working relationship with the Acting Director and plays an active and
positive role with the UN and the donor community. Since before the
departure of the ECCC Director of Administration, there have been no
reports alleging new instances of corruption at the Khmer Rouge
Tribunal. In the view of the State Department, other countries in the
donor community, prominent court officials, and non-governmental
organizations (NGOs), the court appears corruption-free at this time.
These administrative corruption allegations did not compromise the
fundamental integrity of the court. In November of 2009 the court
successfully concluded Case 001--the trial against the former chief of
the Tuol Sleng torture center, Kaing Guek Eav (``Duch''). His trial was
the first meaningful attempt to hold a Khmer Rouge official accountable
for war crimes committed under the Khmer Rouge regime. The United
States, foreign governments, and NGOs monitoring the court agree that
proceedings met international standards of justice.
Most recently, the investigative phase of Case 002, against four
surviving senior leaders of the Khmer Rouge regime, was closed. Motions
and appeals are now being heard in accordance with the rules of the
court, and an indictment is expected in the fall of 2010.
In August 2009 the United Nations Office of Legal Affairs and the
Government of Cambodia reached agreement to establish an Independent
Counsellor to serve as a deterrent against corruption and address
potential future incidents of corruption or other forms of misconduct
at the court. By mutual agreement Uth Chhorn, the Cambodian Auditor
General, was selected to serve this role. To date the Independent
Counsellor has established his own office, with a direct phone line and
e-mail for receiving complaints confidentially. Last November he
released a ``Meet the Independent Counsellor'' document to all court
staff explaining his role, how he can be
[[Page 17198]]
reached, and when he should be contacted. The circular outlined his
roles and responsibilities, which include provision of an annual report
to the UN Office of Legal Affairs and the Cambodian Government.
Recently these two parties have also finalized more detailed
operational guidelines, and the Independent Counsellor met with
administrators, court staff, and the diplomatic community to further
explain his role and highlight his commitment to protecting the
identities of complainants and ensuring that there would be no
reprisals against whistle-blowers. The United States, in coordination
with other donor nations, is conducting ongoing diplomatic efforts with
both the United Nations Office of Legal Affairs and Government of
Cambodia to assist in making the Independent Counsellor fully
operational.
The United Nations Office of Legal Affairs and Government of
Cambodia have also recently reached agreement on a new international
co-prosecutor--Andrew Cayley of the United Kingdom. He has been well
received by the donor community and NGOs, and has over a decade of
experience in international justice, having worked at the International
Criminal Tribunal for the former Yugoslavia, International Criminal
Court, and Special Court for Sierra Leone. The selection of Andrew
Cayley is another indicator of ongoing cooperation between the two
parties and their willingness to work constructively together to
advance the court.
As a result of its first contribution of $1.8 million in 2009, the
United States is playing a leadership role with respect to oversight of
the court by currently serving as the chair of the KRT Steering
Committee, a position which rotates on a quarterly basis. The United
States also plays a leading role in the donors group in Phnom Penh,
Cambodia. An additional contribution will indicate an ongoing
commitment to the work of the court, and improve our position in
discussions at the Steering Committee and with other current and
potential donors.
Last month, the KRT's budget was approved. The budget reflected
good management practices, including meaningful and realistic
projections of the timelines for completion of the court's caseload.
The State Department had an opportunity to review and approve the
budget during its consideration by the Steering Committee and was
satisfied that it was administratively and financially sound.
The KRT provides a monthly report to the UN Controller and the UN
Department of Economic and Social Affairs, which closely monitors the
activities of the court including its expenditures. In addition, all
hiring on the international side of the court is vetted by the UN
Department of Economic and Social Affairs. The UN Office of Legal
Affairs actively engages on judicial management issues, such as
shifting the pre-trial Chamber to sit on a full-time basis in order to
improve the efficiency of the court and to expedite its decision-
making.
Certification and United States Policy Objectives
Certification recognizes the efforts of the United Nations and the
Government of Cambodia to address allegations of corruption and
mismanagement within the tribunal. It is not an indication, however,
that no further work needs to be done. Both parties must continue to
exercise oversight of court operations, and the donor community and
NGOs must continue their vigilant engagement with the United Nations
and Cambodian government to ensure that the Khmer Rouge Tribunal
remains corruption-free and well-managed.
[FR Doc. 2010-7631 Filed 4-2-10; 8:45 am]
BILLING CODE 4710-30-P
