Free Trade Agreements; Invitation for Applications for Inclusion on Dispute Settlement Lists for U.S. Free Trade Agreements (FTAs) With Australia, Colombia, Korea, Morocco, and Singapore, 37948-37951 [2012-15449]
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37948
Federal Register / Vol. 77, No. 122 / Monday, June 25, 2012 / Notices
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
to expire on June 30, 2012.5 The fee
discount applies to orders of 250
contracts or more and waives fees on
incremental volume above 250
contracts. Contracts at or under the
threshold are charged the constituent’s
prescribed execution fee. The fee
discount applies to all Customer 6
orders, Firm Proprietary orders, Market
Maker orders and Non-ISE Market
Maker orders in FX options traded on
the Exchange. ISE adopted this fee
discount to encourage members to
execute large-sized FX option orders on
the Exchange in a manner that is cost
effective. The Exchange now proposes
to extend this fee discount through June
30, 2013 in a continuing effort to attract
more activity in large-sized FX options.
The foregoing rule change has become
effective pursuant to Section
19(b)(3)(A)(ii) of the Act.9 At any time
within 60 days of the filing of such
proposed rule change, the Commission
summarily may temporarily suspend
such rule change if it appears to the
Commission that such action is
necessary or appropriate in the public
interest, for the protection of investors,
or otherwise in furtherance of the
purposes of the Act. If the Commission
takes such action, the Commission shall
institute proceedings to determine
whether the proposed rule should be
approved or disapproved.
2. Statutory Basis
IV. Solicitation of Comments
The Exchange believes that the
proposed rule change is consistent with
the objectives of Section 6 of the Act,7
in general, and furthers the objectives of
Section 6(b)(4),8 in particular, in that it
is designed to provide for the equitable
allocation of reasonable dues, fees and
other charges among its members and
other persons using its facilities. The
Exchange believes the proposed rule
change is reasonable and equitable as it
would extend a current fee discount,
thus effectively maintaining low fees for
all market participants that trade in
large-sized FX options on the Exchange.
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
B. Self-Regulatory Organization’s
Statement on Burden on Competition
Paper Comments
The proposed rule change does not
impose any burden on competition that
is not necessary or appropriate in
furtherance of the purposes of the Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants or Others
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The Exchange has not solicited, and
does not intend to solicit, comments on
this proposed rule change. The
Exchange has not received any
unsolicited written comments from
members or other interested parties.
5 See Securities Exchange Act Release No. 64743
(July 24, 2011), 76 FR 38434 (June 30, 2011)
(SR–ISE–2011–35).
6 The fee discount applies to both Professional
and Priority Customer orders. A Priority Customer
is defined in ISE Rule 100(a)(37A) as a person or
entity that is not a broker/dealer in securities, and
does not place more than 390 orders in listed
options per day on average during a calendar month
for its own beneficial account(s). A Professional
Customer is a person who is not a broker/dealer and
is not a Priority Customer.
7 15 U.S.C. 78f(b).
8 15 U.S.C. 78f(b)(4).
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Electronic Comments
• Use the Commission’s Internet
comment form https://www.sec.gov/
rules/sro.shtml); or
• Send an Email to rulecomments@sec.gov. Please include File
No. SR–ISE–2012–55 on the subject
line.
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–ISE–2012–55. This file
number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commissions
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
9 15
PO 00000
U.S.C. 78s(b)(3)(A)(ii).
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printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–ISE–
2012–55 and should be submitted by
July 16, 2012.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.10
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–15377 Filed 6–22–12; 8:45 am]
BILLING CODE 8011–01–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
Free Trade Agreements; Invitation for
Applications for Inclusion on Dispute
Settlement Lists for U.S. Free Trade
Agreements (FTAs) With Australia,
Colombia, Korea, Morocco, and
Singapore
Office of the United States
Trade Representative (‘‘USTR’’).
ACTION: Invitation for Applications.
AGENCY:
A number of trade agreements
to which the United States is a Party call
for the Parties to establish indicative
rosters or reserve or contingent lists of
persons (‘‘lists’’) available to serve on
dispute settlement panels to hear
disputes under those agreements. These
agreements include the United StatesAustralia Free Trade Agreement
(‘‘USAFTA’’), the United StatesColombia Trade Promotion Agreement
(‘‘USCTPA’’), the United States-Korea
Free Trade Agreement (‘‘KORUS’’), the
United States-Morocco Free Trade
Agreement (‘‘USMFTA’’), and the
United States-Singapore Free Trade
Agreement (‘‘USSFTA’’). USTR is
inviting interested persons to apply to
be on one or more of these lists under
the various agreements, as indicated
below.
SUMMARY:
Applications should be received
no later than August 9, 2012 to be
assured of consideration.
ADDRESSES: Applications should be
submitted electronically to
DATES:
10 17
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CFR 200.30–3(a)(12).
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Federal Register / Vol. 77, No. 122 / Monday, June 25, 2012 / Notices
www.regulations.gov, docket number
USTR–2012–0009. If you are unable to
submit an application using
www.regulations.gov, please contact
Sandy McKinzy at (202) 395–9483 to
arrange for an alternative method of
transmission.
For
information regarding the form of the
application, contact Sandy McKinzy,
Legal Technician, USTR Office of
Monitoring and Enforcement, at (202)
395–3582. For other inquiries, contact
Catherine Field, Chief Counsel, at (202)
´
395–3432 (for the USAFTA), Marıa
´
Pagan, Associate General Counsel, at
(202) 395–3150 (for the USCTPA),
Cletus Willems, Assistant General
Counsel, at (202) 395–3150 (for the
KORUS), Courtney Smothers, Associate
General Counsel, at (202) 395–3581 (for
the USMFTA), and Willis Martyn,
Associate General Counsel, at (202)
395–3582 (for the USSFTA).
FOR FURTHER INFORMATION CONTACT:
USTR is
seeking applications from interested
persons to serve on any of the lists
under any of the cited agreements. The
details for how to apply are provided
below as is a short description of the
lists for each agreement. A person is
permitted to apply for a single list or
any combination of lists. In response to
this notice, USTR will accept
applications from U.S. citizens and
nationals of other countries.
SUPPLEMENTARY INFORMATION:
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Dispute Settlement Mechanism of the
USAFTA
The USAFTA is a bilateral agreement
in force between the United States and
Australia. Chapter 21 of the USAFTA
sets out detailed procedures for the
resolution of disputes arising under the
Agreement. Dispute settlement involves
three stages: (1) Consultations between
the Parties to try to arrive at a mutually
satisfactory resolution of the matter; (2)
efforts by the Joint Committee,
comprised of officials from each Party
and chaired by officials from USTR and
Australia’s Ministry of Foreign Affairs
and Trade, to resolve the matter; and, (3)
resort to a dispute settlement panel to
make a determination regarding the
matter at issue between the Parties. The
panel is composed of three individuals
chosen by the Parties or from the
contingent list.
The USAFTA requires the Parties to
establish a contingent list of ten
individuals who are willing and able to
serve as panelists. Individuals on the
contingent list are appointed by
agreement of the Parties for a minimum
term of three years, and remain on the
list until the Parties form a new
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contingent list. See USAFTA Article
21.7(4).
The USAFTA provides for each Party
to select within a specified time period
one panelist in consultation with the
other Party and then for both to agree on
a chair. The contingent list comes into
play only if this process fails. The
Parties decided that in such a
circumstance, it would be best if the
panelist were not a national of either
Party. Accordingly, applications are
sought only from persons who are not
a national of either the United States or
Australia.
The text of the USAFTA can be found
on the USTR Web site (www.ustr.gov/
trade-agreements/free-tradeagreements).
Criteria for Eligibility for Inclusion on
the Contingent List
To qualify for inclusion on the
contingent list an applicant must: (1) Be
objective, reliable, and possess sound
judgment; (2) have expertise or
experience in law, international trade,
or the resolution of disputes arising
under international trade agreements;
(3) be independent of, and not be
affiliated with or take instructions from
either Party; and (4) comply with a code
of conduct.
Dispute Settlement Mechanism of the
USCTPA
The CTPA is a bilateral agreement in
force between the United States and
Colombia (the ‘‘Parties’’). The CTPA sets
out detailed procedures for the
resolution of disputes arising under the
Agreement. Dispute settlement involves
three stages: (1) Lower level
consultations between the Parties to try
to arrive at a mutually satisfactory
resolution of the matter; (2) efforts by
the Free Trade Commission, consisting
of the cabinet-level representatives of
the consulting Parties, to resolve the
matter; and, (3) resort to a dispute
settlement panel to make a
determination regarding the matter at
issue between the Parties. The panel is
composed of three individuals chosen
by the Parties or drawn from the
indicative roster.
The USCTPA requires the
establishment of an indicative roster
from which panelists may be selected by
lot if the Parties have otherwise failed
to appoint panelists. The indicative
roster is to be composed of eight
individuals, two of whom are to be
individuals who are not a national of
either Party. Once established, the roster
remains in effect for a minimum of three
years. See CTPA Articles 21.7 and 21.9.
The text of the CTPA can be found
through the Office of the U.S. Trade
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37949
Representative Web site (www.ustr.gov/
trade-agreements/free-tradeagreements).
Criteria for Eligibility for Inclusion on
the CTPA Indicative Roster
To qualify for inclusion on the
indicative roster an applicant 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 either Party; and (4)
comply with a code of conduct.
Dispute Settlement Mechanism of the
KORUS
The KORUS is a bilateral agreement
in force between the United States and
Korea. The KORUS sets out detailed
procedures for the resolution of disputes
arising under the Agreement. Dispute
settlement involves three stages: (1)
Consultations between the Parties to try
to arrive at a mutually satisfactory
resolution of the matter; (2) efforts by
the Joint Committee, comprised of
officials from each Party and chaired by
officials from USTR and Korea’s
Ministry of Foreign Affairs and Trade, to
resolve the matter; and, (3) resort to a
dispute settlement panel to make a
determination regarding the matter at
issue between the Parties. The panel is
composed of three individuals chosen
by the Parties.
The KORUS requires the
establishment of a contingent list of
individuals who are willing and able to
serve as panelists. The contingent list
shall include at least six nationals of
each Party and at least eight individuals
who are not nationals of either Party. An
individual on the contingent list shall
remain on the list for a minimum of
three years. See KORUS, Article 22.9.3.
The text of the KORUS can be found
on the USTR Web site (www.ustr.gov/
trade-agreements/free-tradeagreements).
Criteria for Eligibility for Inclusion on
the Contingent List
To qualify for inclusion on the
contingent list an applicant must: (1) Be
objective, reliable, and possess sound
judgment; (2) have expertise or
experience in law, international trade,
or the resolution of disputes arising
under international trade agreements;
(3) be independent of, and not be
affiliated with or take instructions from
either Party; and (4) comply with a code
of conduct.
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Federal Register / Vol. 77, No. 122 / Monday, June 25, 2012 / Notices
Dispute Settlement Under the USMFTA
The USMFTA is a bilateral agreement
in force between the United States and
Morocco. The USMFTA sets out
detailed procedures for the resolution of
disputes arising under the Agreement.
Dispute settlement involves three stages:
(1) Consultations between the Parties to
try to arrive at a mutually satisfactory
resolution of the matter; (2) efforts by
the Joint Committee, comprised of
officials from each Party and chaired by
officials from USTR and the Ministry of
Foreign Affairs and Cooperation of the
Kingdom of Morocco, to resolve the
matter; and, (3) resort to a dispute
settlement panel to make a
determination regarding the matter at
issue between the Parties. Unless the
Parties agree otherwise, the panel is
composed of three individuals chosen
by the Parties or selected from the
reserve list.
The USMFTA requires the
establishment of a reserve list from
which panelists may be selected. The
reserve list is to be composed of eight
individuals. Once established, the
reserve list remains in effect for a
minimum of three years. See USMFTA
Article 20.7.
Upon each request for establishment
of a panel, potential panelists may be
requested to complete a disclosure form,
which could be used to identify possible
conflicts of interest or appearances
thereof. The disclosure form may
request 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 USMFTA can be found
through the Office of the U.S. Trade
Representative Web site (www.ustr.gov).
Criteria for Eligibility for Inclusion on
the Reserve List
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To qualify for inclusion on the reserve
list an applicant must: (1) Have
expertise or experience in law,
international trade, 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
either Party; and (4) comply with a code
of conduct.
Dispute Settlement Under the USSFTA
The USSFTA is a bilateral agreement
in force between the United States and
Singapore. Chapter 20 of the USSFTA
sets out detailed procedures for the
resolution of disputes arising under the
Agreement. Dispute settlement involves
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three stages: (1) Consultations between
the Parties to try to arrive at a mutually
satisfactory resolution of the matter; (2)
efforts by the Joint Committee,
composed of officials from each Party
and chaired by officials from USTR and
Singapore’s Ministry for Trade and
Industry, to resolve the matter; and, (3)
resort to a dispute settlement panel to
make a determination regarding the
matter at issue between the Parties. The
panel is composed of three individuals
chosen by the Parties or from the
contingent list.
This agreement provides for each
Party to select within a specified time
period one panelist in consultation with
the other Party and then for both to
agree on a chair. The contingent list
comes into play only if this process
fails. The Parties decided that in such a
circumstance, it would be best if the
panelist were not a national of either
party. Accordingly, applications are
sought only from persons who are not
a national of either the United States or
Singapore.
The USSFTA requires the Parties to
establish a contingent list of five
individuals who are willing and able to
serve as panelists. Individuals on the
contingent list are appointed by
agreement of the Parties for a minimum
term of three years, and remain on the
list until the Parties form a new
contingent list. See USSFTA Article
20.4(4)(b).
The text of the USSFTA can be found
on the USTR Web site (www.ustr.gov/
trade-agreements/free-tradeagreements).
Criteria for Eligibility for Inclusion on
the Contingent List
To qualify for inclusion on the
contingent list an applicant must: (1)
Have expertise or experience in law,
international trade, or the resolution of
disputes arising under international
trade agreements; (2) be independent of,
and not be affiliated with or take
instructions from either Party; and (4)
comply with a code of conduct to be
established by the Joint Committee.
Procedures for Selection of Members of
Lists
An interagency committee chaired by
USTR prepares a preliminary list of
candidates eligible for inclusion on the
various lists. After consultation with the
Committee on Ways and Means of the
House of Representatives and the
Committee on Finance of the Senate,
USTR selects the final list of individuals
that the United States will nominate for
inclusion on each of the lists. The
members of a list under a particular
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FTA are appointed by agreement of the
Parties to that FTA.
Applications
Eligible individuals who wish to be
considered for inclusion on one or more
of the lists are invited to submit
applications.
Persons submitting applications
should submit one copy electronically
to www.regulations.gov, docket number
USTR–2012–0009. If you are unable to
submit an application using
www.regulations.gov, please contact
Sandy McKinzy at (202) 395–9483 to
arrange for an alternative method of
transmission.
Applications must be typewritten,
and should be headed ‘‘Application for
Inclusion on a List.’’ Applicants must
specify for which of the FTA’s they
wish to be considered. Applicants may
specify more than one FTA.
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 email 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. Fluency in any relevant language
other than English, 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 or
other relevant 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 and the Government(s) of the
other Party(ies) to each agreement for
which the applicant is applying (i.e.,
Australia, Korea, Morocco, or
Singapore).
12. The names and nationalities of all
foreign principals for whom the
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Federal Register / Vol. 77, No. 122 / Monday, June 25, 2012 / Notices
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 dispute
settlement panels under the relevant
agreement, including information
relevant to the applicant’s familiarity
with international trade law and
relevant area(s) for the list(s) for which
the applicant seeks to be considered,
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 the relevant area of expertise.
Public Disclosure
Applications normally will not be
subject to public disclosure and will not
be posted publicly on
www.regulations.gov. Applications may
be shared with other agencies, the
Committee on Ways and Means of the
House of Representatives, the
Committee on Finance of the Senate,
and the Government(s) of the other
Party(ies) for their consideration in
determining whether to appoint persons
to the relevant lists.
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False Statements
False statements by an applicant
regarding his or her personal or
professional qualifications, or financial
or other relevant interests that bear on
the applicant’s suitability for placement
on a list 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 inclusion
on a list. It is expected that the
collection of information burden will be
less than three hours. This collection of
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Jkt 226001
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
www.regulations.gov.
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
consideration as a candidate for
inclusion on a list. 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 dispute settlement
under the relevant agreement, and
officials of the other Party(ies) to select
well-qualified individuals for inclusion
on the lists and for service on dispute
settlement panels.
Daniel E. Brinza,
Senior Counsel for Dispute Settlement.
[FR Doc. 2012–15449 Filed 6–22–12; 8:45 am]
BILLING CODE 3190–W2–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Summary Notice No. PE–2012–25]
Petition for Exemption; Summary of
Petition Received
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of petition for exemption
received.
AGENCY:
This notice contains a
summary of a petition seeking relief
from specified requirements of 14 CFR.
The purpose of this notice is to improve
the public’s awareness of, and
participation in, this aspect of FAA’s
regulatory activities. Neither publication
of this notice nor the inclusion or
omission of information in the summary
is intended to affect the legal status of
the petition or its final disposition.
DATES: Comments on this petition must
identify the petition docket number and
must be received on or before July 16,
2012.
SUMMARY:
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37951
You may send comments
identified by Docket Number FAA–
2012–0442 using any of the following
methods:
• Government-wide rulemaking Web
site: Go to https://www.regulations.gov
and follow the instructions for sending
your comments electronically.
• Mail: Send comments to the Docket
Management Facility; U.S. Department
of Transportation, 1200 New Jersey
Avenue SE., West Building Ground
Floor, Room W12–140, Washington, DC
20590.
• Fax: Fax comments to the Docket
Management Facility at 202–493–2251.
• Hand Delivery: Bring comments to
the Docket Management Facility in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
Privacy: We will post all comments
we receive, without change, to https://
www.regulations.gov, including any
personal information you provide.
Using the search function of our docket
Web site, anyone can find and read the
comments received into any of our
dockets, including the name of the
individual sending the comment (or
signing the comment for an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78).
Docket: To read background
documents or comments received, go to
https://www.regulations.gov at any time
or to the Docket Management Facility in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Keira Jones (202) 267–4024 or Tyneka
Thomas (202) 267–7626, Office of
Rulemaking, Federal Aviation
Administration, 800 Independence
Avenue SW., Washington, DC 20591.
This notice is published pursuant to
14 CFR 11.85.
ADDRESSES:
Issued in Washington, DC, on June 19,
2012.
Brenda Courtney,
Acting Director, Office of Rulemaking.
Petition for Exemption
Docket No.: FAA–2012–0442.
Petitioner: Experimental Aircraft
Association.
Section of 14 CFR Affected: 14 CFR
91.319(a)(2); 61.101(a)(2); 61.101(e)(3)
and (4); 61.113(a); 61.113(b); 61.113(c);
61.315(b); 61.315(c)(1) and (2);
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]]>Agencies
[Federal Register Volume 77, Number 122 (Monday, June 25, 2012)]
[Notices]
[Pages 37948-37951]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15449]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Free Trade Agreements; Invitation for Applications for Inclusion
on Dispute Settlement Lists for U.S. Free Trade Agreements (FTAs) With
Australia, Colombia, Korea, Morocco, and Singapore
AGENCY: Office of the United States Trade Representative (``USTR'').
ACTION: Invitation for Applications.
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SUMMARY: A number of trade agreements to which the United States is a
Party call for the Parties to establish indicative rosters or reserve
or contingent lists of persons (``lists'') available to serve on
dispute settlement panels to hear disputes under those agreements.
These agreements include the United States-Australia Free Trade
Agreement (``USAFTA''), the United States-Colombia Trade Promotion
Agreement (``USCTPA''), the United States-Korea Free Trade Agreement
(``KORUS''), the United States-Morocco Free Trade Agreement
(``USMFTA''), and the United States-Singapore Free Trade Agreement
(``USSFTA''). USTR is inviting interested persons to apply to be on one
or more of these lists under the various agreements, as indicated
below.
DATES: Applications should be received no later than August 9, 2012 to
be assured of consideration.
ADDRESSES: Applications should be submitted electronically to
[[Page 37949]]
www.regulations.gov, docket number USTR-2012-0009. If you are unable to
submit an application using www.regulations.gov, please contact Sandy
McKinzy at (202) 395-9483 to arrange for an alternative method of
transmission.
FOR FURTHER INFORMATION CONTACT: For information regarding the form of
the application, contact Sandy McKinzy, Legal Technician, USTR Office
of Monitoring and Enforcement, at (202) 395-3582. For other inquiries,
contact Catherine Field, Chief Counsel, at (202) 395-3432 (for the
USAFTA), Mar[iacute]a Pag[aacute]n, Associate General Counsel, at (202)
395-3150 (for the USCTPA), Cletus Willems, Assistant General Counsel,
at (202) 395-3150 (for the KORUS), Courtney Smothers, Associate General
Counsel, at (202) 395-3581 (for the USMFTA), and Willis Martyn,
Associate General Counsel, at (202) 395-3582 (for the USSFTA).
SUPPLEMENTARY INFORMATION: USTR is seeking applications from interested
persons to serve on any of the lists under any of the cited agreements.
The details for how to apply are provided below as is a short
description of the lists for each agreement. A person is permitted to
apply for a single list or any combination of lists. In response to
this notice, USTR will accept applications from U.S. citizens and
nationals of other countries.
Dispute Settlement Mechanism of the USAFTA
The USAFTA is a bilateral agreement in force between the United
States and Australia. Chapter 21 of the USAFTA sets out detailed
procedures for the resolution of disputes arising under the Agreement.
Dispute settlement involves three stages: (1) Consultations between the
Parties to try to arrive at a mutually satisfactory resolution of the
matter; (2) efforts by the Joint Committee, comprised of officials from
each Party and chaired by officials from USTR and Australia's Ministry
of Foreign Affairs and Trade, to resolve the matter; and, (3) resort to
a dispute settlement panel to make a determination regarding the matter
at issue between the Parties. The panel is composed of three
individuals chosen by the Parties or from the contingent list.
The USAFTA requires the Parties to establish a contingent list of
ten individuals who are willing and able to serve as panelists.
Individuals on the contingent list are appointed by agreement of the
Parties for a minimum term of three years, and remain on the list until
the Parties form a new contingent list. See USAFTA Article 21.7(4).
The USAFTA provides for each Party to select within a specified
time period one panelist in consultation with the other Party and then
for both to agree on a chair. The contingent list comes into play only
if this process fails. The Parties decided that in such a circumstance,
it would be best if the panelist were not a national of either Party.
Accordingly, applications are sought only from persons who are not a
national of either the United States or Australia.
The text of the USAFTA can be found on the USTR Web site
(www.ustr.gov/trade-agreements/free-trade-agreements).
Criteria for Eligibility for Inclusion on the Contingent List
To qualify for inclusion on the contingent list an applicant must:
(1) Be objective, reliable, and possess sound judgment; (2) have
expertise or experience in law, international trade, or the resolution
of disputes arising under international trade agreements; (3) be
independent of, and not be affiliated with or take instructions from
either Party; and (4) comply with a code of conduct.
Dispute Settlement Mechanism of the USCTPA
The CTPA is a bilateral agreement in force between the United
States and Colombia (the ``Parties''). The CTPA sets out detailed
procedures for the resolution of disputes arising under the Agreement.
Dispute settlement involves three stages: (1) Lower level consultations
between the Parties to try to arrive at a mutually satisfactory
resolution of the matter; (2) efforts by the Free Trade Commission,
consisting of the cabinet-level representatives of the consulting
Parties, to resolve the matter; and, (3) resort to a dispute settlement
panel to make a determination regarding the matter at issue between the
Parties. The panel is composed of three individuals chosen by the
Parties or drawn from the indicative roster.
The USCTPA requires the establishment of an indicative roster from
which panelists may be selected by lot if the Parties have otherwise
failed to appoint panelists. The indicative roster is to be composed of
eight individuals, two of whom are to be individuals who are not a
national of either Party. Once established, the roster remains in
effect for a minimum of three years. See CTPA Articles 21.7 and 21.9.
The text of the CTPA can be found through the Office of the U.S.
Trade Representative Web site (www.ustr.gov/trade-agreements/free-trade-agreements).
Criteria for Eligibility for Inclusion on the CTPA Indicative Roster
To qualify for inclusion on the indicative roster an applicant
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 either Party; and (4) comply
with a code of conduct.
Dispute Settlement Mechanism of the KORUS
The KORUS is a bilateral agreement in force between the United
States and Korea. The KORUS sets out detailed procedures for the
resolution of disputes arising under the Agreement. Dispute settlement
involves three stages: (1) Consultations between the Parties to try to
arrive at a mutually satisfactory resolution of the matter; (2) efforts
by the Joint Committee, comprised of officials from each Party and
chaired by officials from USTR and Korea's Ministry of Foreign Affairs
and Trade, to resolve the matter; and, (3) resort to a dispute
settlement panel to make a determination regarding the matter at issue
between the Parties. The panel is composed of three individuals chosen
by the Parties.
The KORUS requires the establishment of a contingent list of
individuals who are willing and able to serve as panelists. The
contingent list shall include at least six nationals of each Party and
at least eight individuals who are not nationals of either Party. An
individual on the contingent list shall remain on the list for a
minimum of three years. See KORUS, Article 22.9.3.
The text of the KORUS can be found on the USTR Web site
(www.ustr.gov/trade-agreements/free-trade-agreements).
Criteria for Eligibility for Inclusion on the Contingent List
To qualify for inclusion on the contingent list an applicant must:
(1) Be objective, reliable, and possess sound judgment; (2) have
expertise or experience in law, international trade, or the resolution
of disputes arising under international trade agreements; (3) be
independent of, and not be affiliated with or take instructions from
either Party; and (4) comply with a code of conduct.
[[Page 37950]]
Dispute Settlement Under the USMFTA
The USMFTA is a bilateral agreement in force between the United
States and Morocco. The USMFTA sets out detailed procedures for the
resolution of disputes arising under the Agreement. Dispute settlement
involves three stages: (1) Consultations between the Parties to try to
arrive at a mutually satisfactory resolution of the matter; (2) efforts
by the Joint Committee, comprised of officials from each Party and
chaired by officials from USTR and the Ministry of Foreign Affairs and
Cooperation of the Kingdom of Morocco, to resolve the matter; and, (3)
resort to a dispute settlement panel to make a determination regarding
the matter at issue between the Parties. Unless the Parties agree
otherwise, the panel is composed of three individuals chosen by the
Parties or selected from the reserve list.
The USMFTA requires the establishment of a reserve list from which
panelists may be selected. The reserve list is to be composed of eight
individuals. Once established, the reserve list remains in effect for a
minimum of three years. See USMFTA Article 20.7.
Upon each request for establishment of a panel, potential panelists
may be requested to complete a disclosure form, which could be used to
identify possible conflicts of interest or appearances thereof. The
disclosure form may request 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 USMFTA can be found through the Office of the U.S.
Trade Representative Web site (www.ustr.gov).
Criteria for Eligibility for Inclusion on the Reserve List
To qualify for inclusion on the reserve list an applicant must: (1)
Have expertise or experience in law, international trade, 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
either Party; and (4) comply with a code of conduct.
Dispute Settlement Under the USSFTA
The USSFTA is a bilateral agreement in force between the United
States and Singapore. Chapter 20 of the USSFTA sets out detailed
procedures for the resolution of disputes arising under the Agreement.
Dispute settlement involves three stages: (1) Consultations between the
Parties to try to arrive at a mutually satisfactory resolution of the
matter; (2) efforts by the Joint Committee, composed of officials from
each Party and chaired by officials from USTR and Singapore's Ministry
for Trade and Industry, to resolve the matter; and, (3) resort to a
dispute settlement panel to make a determination regarding the matter
at issue between the Parties. The panel is composed of three
individuals chosen by the Parties or from the contingent list.
This agreement provides for each Party to select within a specified
time period one panelist in consultation with the other Party and then
for both to agree on a chair. The contingent list comes into play only
if this process fails. The Parties decided that in such a circumstance,
it would be best if the panelist were not a national of either party.
Accordingly, applications are sought only from persons who are not a
national of either the United States or Singapore.
The USSFTA requires the Parties to establish a contingent list of
five individuals who are willing and able to serve as panelists.
Individuals on the contingent list are appointed by agreement of the
Parties for a minimum term of three years, and remain on the list until
the Parties form a new contingent list. See USSFTA Article 20.4(4)(b).
The text of the USSFTA can be found on the USTR Web site
(www.ustr.gov/trade-agreements/free-trade-agreements).
Criteria for Eligibility for Inclusion on the Contingent List
To qualify for inclusion on the contingent list an applicant must:
(1) Have expertise or experience in law, international trade, or the
resolution of disputes arising under international trade agreements;
(2) be independent of, and not be affiliated with or take instructions
from either Party; and (4) comply with a code of conduct to be
established by the Joint Committee.
Procedures for Selection of Members of Lists
An interagency committee chaired by USTR prepares a preliminary
list of candidates eligible for inclusion on the various lists. After
consultation with the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate, USTR
selects the final list of individuals that the United States will
nominate for inclusion on each of the lists. The members of a list
under a particular FTA are appointed by agreement of the Parties to
that FTA.
Applications
Eligible individuals who wish to be considered for inclusion on one
or more of the lists are invited to submit applications.
Persons submitting applications should submit one copy
electronically to www.regulations.gov, docket number USTR-2012-0009. If
you are unable to submit an application using www.regulations.gov,
please contact Sandy McKinzy at (202) 395-9483 to arrange for an
alternative method of transmission.
Applications must be typewritten, and should be headed
``Application for Inclusion on a List.'' Applicants must specify for
which of the FTA's they wish to be considered. Applicants may specify
more than one FTA. 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 email
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. Fluency in any relevant language other than English, 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 or other relevant
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 and the
Government(s) of the other Party(ies) to each agreement for which the
applicant is applying (i.e., Australia, Korea, Morocco, or Singapore).
12. The names and nationalities of all foreign principals for whom
the
[[Page 37951]]
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 dispute settlement panels under the relevant agreement,
including information relevant to the applicant's familiarity with
international trade law and relevant area(s) for the list(s) for which
the applicant seeks to be considered, 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 the
relevant area of expertise.
Public Disclosure
Applications normally will not be subject to public disclosure and
will not be posted publicly on www.regulations.gov. Applications may be
shared with other agencies, the Committee on Ways and Means of the
House of Representatives, the Committee on Finance of the Senate, and
the Government(s) of the other Party(ies) for their consideration in
determining whether to appoint persons to the relevant lists.
False Statements
False statements by an applicant regarding his or her personal or
professional qualifications, or financial or other relevant interests
that bear on the applicant's suitability for placement on a list 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 inclusion on a list. It is expected that
the collection of information burden will be less than three 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 www.regulations.gov.
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 consideration as a candidate for inclusion on
a list. 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 dispute
settlement under the relevant agreement, and officials of the other
Party(ies) to select well-qualified individuals for inclusion on the
lists and for service on dispute settlement panels.
Daniel E. Brinza,
Senior Counsel for Dispute Settlement.
[FR Doc. 2012-15449 Filed 6-22-12; 8:45 am]
BILLING CODE 3190-W2-P
