North American Free Trade Agreement; Invitation for Applications for Inclusion on the Chapter 19 Roster, 65559-65561 [2011-27257]
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Federal Register / Vol. 76, No. 204 / Friday, October 21, 2011 / Notices
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 Julie
Simpson, Attorney-Adviser, Office of
the Legal Adviser, U.S. Department of
State (telephone: 202–632–6467). The
mailing address is U.S. Department of
State, SA–5, L/PD, Fifth Floor (Suite
5H03), Washington, DC 20522–0505.
Dated: October 17, 2011.
J. Adam Ereli,
Principal Deputy Assistant Secretary, Bureau
of Educational and Cultural Affairs,
Department of State.
Dated: October 17, 2011.
J. Adam Ereli,
Principal Deputy Assistant Secretary, Bureau
of Educational and Cultural Affairs,
Department of State.
North American Free Trade
Agreement; Invitation for Applications
for Inclusion on the Chapter 19 Roster
[FR Doc. 2011–27288 Filed 10–20–11; 8:45 am]
BILLING CODE 4710–05–P
[FR Doc. 2011–27289 Filed 10–20–11; 8:45 am]
BILLING CODE 4710–05–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
Office of the United States
Trade Representative.
ACTION: Invitation for applications.
AGENCY:
Chapter 19 of the North
American Free Trade Agreement
(‘‘NAFTA’’) provides for the
establishment of a roster of individuals
to serve on binational panels convened
to review final determinations in
antidumping or countervailing duty
(‘‘AD/CVD’’) proceedings and
amendments to AD/CVD statutes of a
NAFTA Party. The United States
annually renews its selections for the
Chapter 19 roster. Applications are
invited from eligible individuals
wishing to be included on the roster for
the period April 1, 2012, through March
31, 2013.
DATES: Applications should be received
no later than November 30, 2011.
ADDRESSES: Applications should be
submitted (i) electronically to https://
www.regulations.gov, docket number
USTR–2011–0017, or (ii) by fax, to
Sandy McKinzy at (202) 395–3640.
FOR FURTHER INFORMATION CONTACT:
Suzanne Garner, Assistant General
Counsel, Office of the United States
Trade Representative, (202) 395–9663.
SUPPLEMENTARY INFORMATION:
SUMMARY:
DEPARTMENT OF STATE
[PUBLIC NOTICE: 7664]
Culturally Significant Objects Imported
for Exhibition Determinations:
‘‘Mummy: Secrets of the Tomb’’
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. 236–3 of August 28, 2000 (and, as
appropriate, Delegation of Authority No.
257 of April 15, 2003), I hereby
determine that the objects to be
included in the exhibition ‘‘Mummy:
Secrets of the Tomb’’ 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 Virginia
Museum of Fine Arts, Richmond, VA,
from on or about November 19, 2011,
until on or about March 11, 2012, 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 Julie
Simpson, Attorney-Adviser, Office of
the Legal Adviser, U.S. Department of
State (telephone: 202–632–6467). The
mailing address is U.S. Department of
State, SA–5, L/PD, Fifth Floor (Suite
5H03), Washington, DC 20522–0505.
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SUMMARY:
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Binational Panel Reviews Under
NAFTA Chapter 19
Article 1904 of the NAFTA provides
that a party involved in an AD/CVD
proceeding may obtain review by a
binational panel of a final AD/CVD
determination of one NAFTA Party with
respect to the products of another
NAFTA Party. Binational panels decide
whether such AD/CVD determinations
are in accordance with the domestic
laws of the importing NAFTA Party, and
must use the standard of review that
would have been applied by a domestic
court of the importing NAFTA Party. A
panel may uphold the AD/CVD
determination, or may remand it to the
national administering authority for
action not inconsistent with the panel’s
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decision. Panel decisions may be
reviewed in specific circumstances by a
three-member extraordinary challenge
committee, selected from a separate
roster composed of fifteen current or
former judges.
Article 1903 of the NAFTA provides
that a NAFTA Party may refer an
amendment to the AD/CVD statutes of
another NAFTA Party to a binational
panel for a declaratory opinion as to
whether the amendment is inconsistent
with the General Agreement on Tariffs
and Trade (‘‘GATT’’), the GATT
Antidumping or Subsidies Codes,
successor agreements, or the object and
purpose of the NAFTA with regard to
the establishment of fair and predictable
conditions for the liberalization of trade.
If the panel finds that the amendment is
inconsistent, the two NAFTA Parties
shall consult and seek to achieve a
mutually satisfactory solution.
Chapter 19 Roster and Composition of
Binational Panels
Annex 1901.2 of the NAFTA provides
for the maintenance of a roster of at least
75 individuals for service on Chapter 19
binational panels, with each NAFTA
Party selecting at least 25 individuals. A
separate five-person panel is formed for
each review of a final AD/CVD
determination or statutory amendment.
To form a panel, the two NAFTA Parties
involved each appoint two panelists,
normally by drawing upon individuals
from the roster. If the Parties cannot
agree upon the fifth panelist, one of the
Parties, decided by lot, selects the fifth
panelist from the roster. The majority of
individuals on each panel must consist
of lawyers in good standing, and the
chair of the panel must be a lawyer.
Upon each request for establishment
of a panel, roster members from the two
involved NAFTA Parties 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
roster member and, if applicable, clients
of the roster member’s firm.
Criteria for Eligibility for Inclusion on
Chapter 19 Roster
Section 402 of the NAFTA
Implementation Act (Pub. L. 103–182,
as amended (19 U.S.C. 3432)) (‘‘Section
402’’) provides that selections by the
United States of individuals for
inclusion on the Chapter 19 roster are to
be based on the eligibility criteria set
out in Annex 1901.2 of the NAFTA, and
without regard to political affiliation.
Annex 1901.2 provides that Chapter 19
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roster members must be citizens of a
NAFTA Party, must be of good character
and of high standing and repute, and are
to be chosen strictly on the basis of their
objectivity, reliability, sound judgment,
and general familiarity with
international trade law. Aside from
judges, roster members may not be
affiliated with any of the three NAFTA
Parties. Section 402 also provides that,
to the fullest extent practicable, judges
and former judges who meet the
eligibility requirements should be
selected.
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Adherence to the NAFTA Code of
Conduct for Binational Panelists
The ‘‘Code of Conduct for Dispute
Settlement Procedures Under Chapters
19 and 20’’ (see https://www.nafta-secalena.org/en/view.aspx?x=345&
mtpiID=ALL), which was established
pursuant to Article 1909 of the NAFTA,
provides that current and former
Chapter 19 roster members ‘‘shall avoid
impropriety and the appearance of
impropriety and shall observe high
standards of conduct so that the
integrity and impartiality of the dispute
settlement process is preserved.’’ The
Code also provides that candidates to
serve on chapter 19 panels, as well as
those who are ultimately selected to
serve as panelists, have an obligation to
‘‘disclose any interest, relationship or
matter that is likely to affect [their]
impartiality or independence, or that
might reasonably create an appearance
of impropriety or an apprehension of
bias.’’ Annex 1901.2 of the NAFTA
provides that roster members may
engage in other business while serving
as panelists, subject to the Code of
Conduct and provided that such
business does not interfere with the
performance of the panelist’s duties. In
particular, Annex 1901.2 states that
‘‘[w]hile acting as a panelist, a panelist
may not appear as counsel before
another panel.’’
Procedures for Selection of Chapter 19
Roster Members
Section 402 establishes procedures for
the selection by the Office of the United
States Trade Representative (‘‘USTR’’) of
the individuals chosen by the United
States for inclusion on the Chapter 19
roster. The roster is renewed annually,
and applies during the one-year period
beginning April 1 of each calendar year.
Under Section 402, an interagency
committee chaired by USTR prepares a
preliminary list of candidates eligible
for inclusion on the Chapter 19 Roster.
After consultation with the Senate
Committee on Finance and the House
Committee on Ways and Means, USTR
selects the final list of individuals
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chosen by the United States for
inclusion on the Chapter 19 roster.
Remuneration
Roster members selected for service
on a Chapter 19 binational panel will be
remunerated at the rate of 800 Canadian
dollars per day.
Applications
Eligible individuals who wish to be
included on the Chapter 19 roster for
the period April 1, 2012, through March
31, 2013, are invited to submit
applications. Applications may be
submitted either by fax to Sandy
McKinzy at 202–395–3640 or
electronically to https://
www.regulations.gov, docket number
USTR–2011–0017.
To submit an application via https://
www.regulations.gov, enter docket
number USTR–2011–0017 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 searchresults page, and click on the link
entitled ‘‘Submit a Comment.’’ (For
further information on using the https://
www.regulations.gov Web site, please
consult the resources provided on the
Web site by clicking on the ‘‘How to Use
This Site’’ on the left side of the home
page.)
The https://www.regulations.gov site
provides the option of providing
comments by filling in a ‘‘Type
Comment’’ field, or by attaching a
document. USTR prefers applications
will be provided in an attached
document. If a document is attached,
please type ‘‘Application for Inclusion
on NAFTA Chapter 19 Roster’’ in the
‘‘Upload File’’ field.
Applications must be typewritten,
and should be headed ‘‘Application for
Inclusion on NAFTA Chapter 19
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.
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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 AD/CVD law. Judges or
former judges should list relevant
judicial decisions. Only one copy of
publications, testimony, speeches,
and decisions need be submitted.
10. Summary of any current and past
employment by, or consulting or other
work for, the Governments of the
United States, Canada, or Mexico.
11. 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.
12. List of proceedings brought under
U.S., Canadian, or Mexican AD/CVD
law regarding imports of U.S.,
Canadian, or Mexican products in
which the applicant advised or
represented (for example, as
consultant or attorney) any U.S.,
Canadian, or Mexican party to such
proceeding and, for each such
proceeding listed, the name and
country of incorporation of such
party.
13. A short statement of qualifications
and availability for service on Chapter
19 panels, including information
relevant to the applicant’s familiarity
with international trade law and
willingness and ability to make time
commitments necessary for service on
panels.
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 international trade
law.
Current Roster Members and Prior
Applicants
Current members of the Chapter 19
roster who remain interested in
inclusion on the Chapter 19 roster must
submit updated applications.
Individuals who have previously
applied but have not been selected may
reapply. If an applicant, including a
current or former roster member, has
previously submitted materials referred
to in item 9, such materials need not be
resubmitted.
Public Disclosure
Applications normally will not be
subject to public disclosure and will not
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Federal Register / Vol. 76, No. 204 / Friday, October 21, 2011 / Notices
be posted publicly on https://
www.regulations.gov. They may be
referred to other federal agencies in the
course of determining eligibility for the
roster, and shared with foreign
governments and the NAFTA Secretariat
in the course of panel selection.
False Statements
Pursuant to section 402(c)(5) of the
NAFTA Implementation Act, 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 Chapter 19 roster
or for appointment to binational panels,
are subject to criminal sanctions under
18 U.S.C. 1001.
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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
nomination to the NAFTA Chapter 19
roster. It is expected that the collection
of information burden will be under 3
hours. This collection of information
contains no annual reporting or record
keeping burden. This collection of
information was approved by OMB
under OMB Control Number 0350–0014.
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). The
authority for requesting information to
be furnished is section 402 of the
NAFTA Implementation Act. Provision
of the information requested above is
voluntary; however, failure to provide
the information will preclude your
consideration as a candidate for the
NAFTA Chapter 19 roster. This
information is maintained in a system of
records entitled ‘‘Dispute Settlement
Panelists Roster.’’ Notice regarding this
system of records was published in the
Federal Register on November 30, 2001.
The information provided is needed,
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and will be used by USTR, other federal
government trade policy officials
concerned with NAFTA dispute
settlement, and officials of the other
NAFTA Parties to select well-qualified
individuals for inclusion on the chapter
19 roster and for service on chapter 19
binational panels.
questions, please contact Mr. Adam
Sleeter, Attorney Advisor, FHWA Office
of the Chief Counsel, (202) 366–8839, or
via e-mail at Adam.Sleeter@dot.gov.
Business hours for the FHWA are from
8 a.m. to 4:30 p.m., e.t., Monday through
Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Bradford Ward,
Acting Assistant United States Trade
Representative for Monitoring and
Enforcement.
Electronic Access
An electronic copy of this document
may be downloaded from the Federal
Register’s home page at: https://
www.archives.gov and the Government
Printing Office’s database at https://
www.access.gpo.gov/nara.
[FR Doc. 2011–27257 Filed 10–20–11; 8:45 am]
BILLING CODE 3190–W2–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Multistate Corridor Operations and
Management Program
Federal Highway
Administration (FHWA), DOT.
ACTION: Notice; Request for applications.
AGENCY:
This notice invites existing
and potential multistate organizations,
coalitions, or other arrangements or
entities engaged in corridor
transportation activities and research to
apply for participation in the Multistate
Corridor Operations and Management
(MCOM) Program authorized by the
Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users (SAFETEA–LU) Intelligent
Transportation Systems (ITS) Research
program. The purpose of the MCOM
program is to promote regional
cooperation, planning, and shared
project implementation for research
programs and projects to improve
multimodal transportation system
management and operations. This notice
seeks applications for available fiscal
year (FY) 2011 funding ($7 million),
which will be provided to cover a
maximum of 80 percent of proposed
program/project costs. Multiple awards
are possible, but not guaranteed.
DATES: Formal applications must be
submitted no later than December 20,
2011 to be assured consideration.
Applications should be submitted
through https://www.grants.gov.
FOR FURTHER INFORMATION CONTACT: For
questions about the program discussed
herein, contact Mr. Robert Arnold,
Director, FHWA Office of
Transportation Management, (202) 366–
1285, or via e-mail at
Robert.Arnold@dot.gov, or Ms. Kate
Hartman, Program Manager, RITA Truck
and Program Assessment, (202) 366–
2742, or via e-mail at
Kate.Hartman@dot.gov. For legal
SUMMARY:
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Background
Section 5211 of SAFETEA–LU (Pub.
L. 109–59; 119 Stat. 1144) created
Section 511 of title 23, United States
Code (23 U.S.C. 511) that authorizes the
Secretary of Transportation to encourage
MCOM programs and projects. The
purpose of investments in MCOM
research programs and projects is to
promote regional cooperation, planning,
and shared project implementation for
programs and projects to improve
multimodal transportation system
management and operations.
Since the MCOM program is funded
by the DOT Intelligent Transportation
Systems (ITS) Research program (Title
V, Subtitle C of SAFETEA–LU), eligible
activities include research, operational
testing, evaluation, technology transfer,
and limited pre-deployment support for
innovative strategies and technologies
intended to improve corridor safety and
operational performance, enhance
economic competitiveness, improve
sustainability by reducing energy use
and harmful greenhouse gas emissions,
and enhance livability. Examples of the
types of multimodal activities that could
be supported through the MCOM
program include improvements in
corridor planning and analysis,
performance monitoring and
management, low emission zones, ecolanes for alternative fuel vehicles,
efficient and safe movement of freight,
data sharing, traveler information,
response to major traffic incidents/
adverse weather/emergencies, and
electronic fee and fare payments. The
Department is also particularly
interested in programs and projects that
support, extend, or complement ongoing
ITS program initiatives. More
information about the ITS program is
available at https://www.its.dot.gov.
How To Apply
Formal proposals should include the
following:
1. Description of the corridor—
geography, States involved,
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]]>Agencies
[Federal Register Volume 76, Number 204 (Friday, October 21, 2011)]
[Notices]
[Pages 65559-65561]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27257]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
North American Free Trade Agreement; Invitation for Applications
for Inclusion on the Chapter 19 Roster
AGENCY: Office of the United States Trade Representative.
ACTION: Invitation for applications.
-----------------------------------------------------------------------
SUMMARY: Chapter 19 of the North American Free Trade Agreement
(``NAFTA'') provides for the establishment of a roster of individuals
to serve on binational panels convened to review final determinations
in antidumping or countervailing duty (``AD/CVD'') proceedings and
amendments to AD/CVD statutes of a NAFTA Party. The United States
annually renews its selections for the Chapter 19 roster. Applications
are invited from eligible individuals wishing to be included on the
roster for the period April 1, 2012, through March 31, 2013.
DATES: Applications should be received no later than November 30, 2011.
ADDRESSES: Applications should be submitted (i) electronically to
https://www.regulations.gov, docket number USTR-2011-0017, or (ii) by
fax, to Sandy McKinzy at (202) 395-3640.
FOR FURTHER INFORMATION CONTACT: Suzanne Garner, Assistant General
Counsel, Office of the United States Trade Representative, (202) 395-
9663.
SUPPLEMENTARY INFORMATION:
Binational Panel Reviews Under NAFTA Chapter 19
Article 1904 of the NAFTA provides that a party involved in an AD/
CVD proceeding may obtain review by a binational panel of a final AD/
CVD determination of one NAFTA Party with respect to the products of
another NAFTA Party. Binational panels decide whether such AD/CVD
determinations are in accordance with the domestic laws of the
importing NAFTA Party, and must use the standard of review that would
have been applied by a domestic court of the importing NAFTA Party. A
panel may uphold the AD/CVD determination, or may remand it to the
national administering authority for action not inconsistent with the
panel's decision. Panel decisions may be reviewed in specific
circumstances by a three-member extraordinary challenge committee,
selected from a separate roster composed of fifteen current or former
judges.
Article 1903 of the NAFTA provides that a NAFTA Party may refer an
amendment to the AD/CVD statutes of another NAFTA Party to a binational
panel for a declaratory opinion as to whether the amendment is
inconsistent with the General Agreement on Tariffs and Trade
(``GATT''), the GATT Antidumping or Subsidies Codes, successor
agreements, or the object and purpose of the NAFTA with regard to the
establishment of fair and predictable conditions for the liberalization
of trade. If the panel finds that the amendment is inconsistent, the
two NAFTA Parties shall consult and seek to achieve a mutually
satisfactory solution.
Chapter 19 Roster and Composition of Binational Panels
Annex 1901.2 of the NAFTA provides for the maintenance of a roster
of at least 75 individuals for service on Chapter 19 binational panels,
with each NAFTA Party selecting at least 25 individuals. A separate
five-person panel is formed for each review of a final AD/CVD
determination or statutory amendment. To form a panel, the two NAFTA
Parties involved each appoint two panelists, normally by drawing upon
individuals from the roster. If the Parties cannot agree upon the fifth
panelist, one of the Parties, decided by lot, selects the fifth
panelist from the roster. The majority of individuals on each panel
must consist of lawyers in good standing, and the chair of the panel
must be a lawyer.
Upon each request for establishment of a panel, roster members from
the two involved NAFTA Parties 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 roster member and,
if applicable, clients of the roster member's firm.
Criteria for Eligibility for Inclusion on Chapter 19 Roster
Section 402 of the NAFTA Implementation Act (Pub. L. 103-182, as
amended (19 U.S.C. 3432)) (``Section 402'') provides that selections by
the United States of individuals for inclusion on the Chapter 19 roster
are to be based on the eligibility criteria set out in Annex 1901.2 of
the NAFTA, and without regard to political affiliation. Annex 1901.2
provides that Chapter 19
[[Page 65560]]
roster members must be citizens of a NAFTA Party, must be of good
character and of high standing and repute, and are to be chosen
strictly on the basis of their objectivity, reliability, sound
judgment, and general familiarity with international trade law. Aside
from judges, roster members may not be affiliated with any of the three
NAFTA Parties. Section 402 also provides that, to the fullest extent
practicable, judges and former judges who meet the eligibility
requirements should be selected.
Adherence to the NAFTA Code of Conduct for Binational Panelists
The ``Code of Conduct for Dispute Settlement Procedures Under
Chapters 19 and 20'' (see https://www.nafta-sec-alena.org/en/view.aspx?x=345&mtpiID=ALL), which was established pursuant to Article
1909 of the NAFTA, provides that current and former Chapter 19 roster
members ``shall avoid impropriety and the appearance of impropriety and
shall observe high standards of conduct so that the integrity and
impartiality of the dispute settlement process is preserved.'' The Code
also provides that candidates to serve on chapter 19 panels, as well as
those who are ultimately selected to serve as panelists, have an
obligation to ``disclose any interest, relationship or matter that is
likely to affect [their] impartiality or independence, or that might
reasonably create an appearance of impropriety or an apprehension of
bias.'' Annex 1901.2 of the NAFTA provides that roster members may
engage in other business while serving as panelists, subject to the
Code of Conduct and provided that such business does not interfere with
the performance of the panelist's duties. In particular, Annex 1901.2
states that ``[w]hile acting as a panelist, a panelist may not appear
as counsel before another panel.''
Procedures for Selection of Chapter 19 Roster Members
Section 402 establishes procedures for the selection by the Office
of the United States Trade Representative (``USTR'') of the individuals
chosen by the United States for inclusion on the Chapter 19 roster. The
roster is renewed annually, and applies during the one-year period
beginning April 1 of each calendar year.
Under Section 402, an interagency committee chaired by USTR
prepares a preliminary list of candidates eligible for inclusion on the
Chapter 19 Roster. 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 Chapter 19 roster.
Remuneration
Roster members selected for service on a Chapter 19 binational
panel will be remunerated at the rate of 800 Canadian dollars per day.
Applications
Eligible individuals who wish to be included on the Chapter 19
roster for the period April 1, 2012, through March 31, 2013, are
invited to submit applications. Applications may be submitted either by
fax to Sandy McKinzy at 202-395-3640 or electronically to https://www.regulations.gov, docket number USTR-2011-0017.
To submit an application via https://www.regulations.gov, enter
docket number USTR-2011-0017 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 https://www.regulations.gov Web site, please consult the resources provided on
the Web site by clicking on the ``How to Use This Site'' on the left
side of the home page.)
The https://www.regulations.gov site provides the option of
providing comments by filling in a ``Type Comment'' field, or by
attaching a document. USTR prefers applications will be provided in an
attached document. If a document is attached, please type ``Application
for Inclusion on NAFTA Chapter 19 Roster'' in the ``Upload File''
field.
Applications must be typewritten, and should be headed
``Application for Inclusion on NAFTA Chapter 19 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 AD/CVD law. Judges or former judges should list relevant
judicial decisions. Only one copy of publications, testimony, speeches,
and decisions need be submitted.
10. Summary of any current and past employment by, or consulting or
other work for, the Governments of the United States, Canada, or
Mexico.
11. 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.
12. List of proceedings brought under U.S., Canadian, or Mexican AD/CVD
law regarding imports of U.S., Canadian, or Mexican products in which
the applicant advised or represented (for example, as consultant or
attorney) any U.S., Canadian, or Mexican party to such proceeding and,
for each such proceeding listed, the name and country of incorporation
of such party.
13. A short statement of qualifications and availability for service on
Chapter 19 panels, including information relevant to the applicant's
familiarity with international trade law and willingness and ability to
make time commitments necessary for service on panels.
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
international trade law.
Current Roster Members and Prior Applicants
Current members of the Chapter 19 roster who remain interested in
inclusion on the Chapter 19 roster must submit updated applications.
Individuals who have previously applied but have not been selected may
reapply. If an applicant, including a current or former roster member,
has previously submitted materials referred to in item 9, such
materials need not be resubmitted.
Public Disclosure
Applications normally will not be subject to public disclosure and
will not
[[Page 65561]]
be posted publicly on https://www.regulations.gov. They may be referred
to other federal agencies in the course of determining eligibility for
the roster, and shared with foreign governments and the NAFTA
Secretariat in the course of panel selection.
False Statements
Pursuant to section 402(c)(5) of the NAFTA Implementation Act,
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 Chapter 19 roster or
for appointment to binational panels, 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 nomination to the NAFTA Chapter 19
roster. It is expected that the collection of information burden will
be under 3 hours. This collection of information contains no annual
reporting or record keeping burden. This collection of information was
approved by OMB under OMB Control Number 0350-0014. 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). The authority for requesting
information to be furnished is section 402 of the NAFTA Implementation
Act. Provision of the information requested above is voluntary;
however, failure to provide the information will preclude your
consideration as a candidate for the NAFTA Chapter 19 roster. This
information is maintained in a system of records entitled ``Dispute
Settlement Panelists Roster.'' Notice regarding this system of records
was published in the Federal Register on November 30, 2001. The
information provided is needed, and will be used by USTR, other federal
government trade policy officials concerned with NAFTA dispute
settlement, and officials of the other NAFTA Parties to select well-
qualified individuals for inclusion on the chapter 19 roster and for
service on chapter 19 binational panels.
Bradford Ward,
Acting Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. 2011-27257 Filed 10-20-11; 8:45 am]
BILLING CODE 3190-W2-P
