Office of the United States Trade Representative 2013 – Federal Register Recent Federal Regulation Documents
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Procurement Thresholds for Implementation of the Trade Agreements Act of 1979
Executive Order 12260 requires the United States Trade Representative to set the U.S. dollar thresholds for application of Title III of the Trade Agreements Act of 1979, as amended (19 U.S.C. 2511 et seq.), which implements U.S. trade agreement obligations, including those under the World Trade Organization (WTO) Agreement on Government Procurement, Chapter 15 of the United States-Australia Free Trade Agreement (United States-Australia FTA), Chapter 9 of the United States-Bahrain Free Trade Agreement (United States-Bahrain FTA), Chapter 9 of the United States-Chile Free Trade Agreement (United States-Chile FTA), Chapter 9 of the United States-Colombia Free Trade Agreement (United States-Colombia FTA), Chapter 9 of the Dominican Republic-Central American-United States Free Trade Agreement (DR- CAFTA), Chapter 9 of the United States-Morocco Free Trade Agreement (United States-Morocco FTA), Chapter 10 of the North American Free Trade Agreement (NAFTA), Chapter 9 of the United States-Oman Free Trade Agreement (United States-Oman FTA), Chapter 9 of the United States- Panama Trade Promotion Agreement (United States-Panama TPA), Chapter 9 of the United States-Peru Trade Promotion Agreement (United States-Peru TPA), and Chapter 13 of the United States-Singapore Free Trade Agreement (United States-Singapore FTA). These obligations apply to covered procurements valued at or above specified U.S. dollar thresholds. Now, therefore, I, Michael B.G. Froman, United States Trade Representative, in conformity with the provisions of Executive Order 12260, and in order to carry out U.S. trade agreement obligations under the WTO Agreement on Government Procurement, Chapter 15 of the United States-Australia FTA, Chapter 9 of the United States-Bahrain FTA, Chapter 9 of the United States-Chile FTA, Chapter 9 of the United States-Colombia FTA, Chapter 9 of DR-CAFTA, Chapter 9 of the United States-Morocco FTA, Chapter 10 of NAFTA, Chapter 9 of the United States-Oman FTA, Chapter 9 of the United States-Panama TPA, Chapter 9 of the United States-Peru TPA, and Chapter 13 of the United States- Singapore FTA, do hereby determine, effective on January 1, 2014: For the calendar years 2014 and 2015, the thresholds are as follows:
Request for Comments Concerning Compliance With Telecommunications Trade Agreements
Pursuant to section 1377 of the Omnibus Trade and Competitiveness Act of 1988 (19 U.S.C. 3106) (`Section 1377'), the Office of the United States Trade Representative (``USTR'') is reviewing and requests comments on the operation, effectiveness, and implementation of, and compliance with the following agreements regarding telecommunications products and services of the United States: The World Trade Organization (``WTO'') General Agreement on Trade in Services; The North American Free Trade Agreement (``NAFTA''); U.S. free trade agreements (``FTAs'') with Australia, Bahrain, Chile, Colombia, Korea, Morocco, Oman, Panama, Peru, and Singapore; the Dominican Republic-Central America-United States Free Trade Agreement (``CAFTA-DR''); and any other telecommunications trade agreements, such as Mutual Recognition Agreements (MRAs) for Conformity Assessment of Telecommunications Equipment. The USTR will conclude the review by March 31, 2014.
Determination of Trade Surplus in Certain Sugar and Syrup Goods and Sugar-Containing Products of Chile, Morocco, Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, Nicaragua, Peru, Colombia, and Panama
In accordance with relevant provisions of the Harmonized Tariff Schedule of the United States (HTS), the Office of the United States Trade Representative (USTR) is providing notice of its determination of the trade surplus in certain sugar and syrup goods and sugar-containing products of Chile, Morocco, Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, Nicaragua, Peru, Colombia, and Panama. As described below, the level of a country's trade surplus in these goods relates to the quantity of sugar and syrup goods and sugar-containing products for which the United States grants preferential tariff treatment under (i) the United States-Chile Free Trade Agreement (Chile FTA); (ii) the United States-Morocco Free Trade Agreement (Morocco FTA); (iii) the Dominican Republic-Central America- United States Free Trade Agreement (CAFTA-DR); (iv) the United States- Peru Trade Promotion Agreement (Peru TPA); (v) the United States- Colombia Trade Promotion Agreement (Colombia TPA); and (vi) the United States-Panama Trade Promotion Agreement (Panama TPA).
Notice of Determination to Extend Section 301 Investigation of Ukraine
The United States Trade Representative (Trade Representative) has determined to extend for three months the ongoing Section 301 investigation of certain acts, policies, and practices of the Government of Ukraine with respect to intellectual property rights.
Generalized System of Preferences (GSP): Deadline Extension and Import Statistics Relating to Competitive Need Limitations
This notice is to inform the public of (1) an extension to December 20, 2013 of the deadline for submission of petitions to waive competitive need limitations (CNLs) under the Generalized System of Preferences (GSP) program, and (2) the availability of import statistics for the first eight months of 2013 relating to CNLs. Although USTR will receive CNL waiver petitions through December 20, 2013, no action will be taken regarding submitted petitions while the GSP program is without authorization.
2013 Special 301 Out-of-Cycle Review of El Salvador: Identification of Countries Under Section 182 of the Trade Act of 1974: Request for Public Comment
Section 182 of the Trade Act of 1974 (Trade Act) (19 U.S.C. 2242) requires the United States Trade Representative (USTR) to identify countries that deny adequate and effective protection of intellectual property rights (IPR) or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. (The provisions of Section 182 are commonly referred to as the ``Special 301'' provisions of the Trade Act.) The USTR is required to determine which, if any, of these countries should be identified as Priority Foreign Countries. In addition, USTR has created a ``Priority Watch List'' and ``Watch List'' under Special 301 provisions. Placement of a trading partner on the Priority Watch List or Watch List indicates that particular problems exist in that country with respect to IPR protection, enforcement, or market access for persons relying on intellectual property. Countries placed on the Priority Watch List are the focus of increased bilateral attention concerning the problem areas. In the 2013 Special 301 Report (www.ustr.gov), USTR announced that, in order to monitor progress on specific IPR issues, Out-of-Cycle Reviews would be conducted for El Salvador and Spain. At this time, USTR requests written submissions from the public concerning any act, policy, or practice that is relevant to the decision regarding whether El Salvador should be identified under Section 182 of the Trade Act. Requests for written submissions relating to the review of Spain will be made in a separate notice at a later date.
Request for Public Comments To Compile the Report on Sanitary and Phytosanitary Measures
Pursuant to section 181 of the Trade Act of 1974, as amended (19 U.S.C. 2241), the Office of the United States Trade Representative (USTR) will be publishing in 2014 the Report on Sanitary and Phytosanitary Measures. With this notice, the Trade Policy Staff Committee (TPSC) is requesting interested persons to submit comments to assist it in identifying significant sanitary and phytosanitary barriers to U.S. exports of goods for inclusion in the report. The TPSC invites written comments from the public on issues that USTR should examine in preparing the 2014 SPS Report.
Request for Public Comments to Compile the Report on Technical Barriers to Trade
Pursuant to section 181 of the Trade Act of 1974, as amended (19 U.S.C. 2241), the Office of the United States Trade Representative (USTR) will be publishing in 2014 a Report on Technical Barriers to Trade (TBT Report) identifying and analyzing significant standards- related barriers to U.S. exports. With this notice, the Trade Policy Staff Committee (TPSC) is requesting interested persons to submit written comments to assist it in identifying significant standards- related barriers to U.S. exports of goods for inclusion in the report.
Request for Public Comments on the Caribbean Basin Economic Recovery Act and the Caribbean Basin Trade Partnership Act: Report to Congress
The Trade Policy Staff Committee (TPSC) is seeking the views of interested parties on the operation of the Caribbean Basin Economic Recovery Act (CBERA), as amended by the Caribbean Basin Trade Partnership Act (CBTPA) (19 U.S.C. 2701 et seq.). Section 212(f) of the CBERA, as amended, requires the President to submit a report to Congress regarding the operation of the CBERA and CBTPA (together commonly referred to as the Caribbean Basin Initiative, or CBI) on or before December 31, 2001, and every two years thereafter. The TPSC invites written comments concerning the operation of the CBI, including comments on the performance of each CBERA and CBTPA beneficiary country under the criteria described in sections 212(b), 212(c), and 213(b)(5)(B) of CBERA, as amended. This information will be used in the preparation of the report to Congress on the operation of the program.
Request for Public Comments on Annual Review of Country Eligibility for Benefits Under the African Growth and Opportunity Act in Calendar Year 2014
The African Growth and Opportunity Act Implementation Subcommittee of the Trade Policy Staff Committee (``Subcommittee'') is requesting written public comments for the annual review of the eligibility of sub-Saharan African countries to receive the benefits of the African Growth and Opportunity Act (AGOA). The Subcommittee will consider these comments in developing recommendations on AGOA country eligibility for calendar year 2014 for the President. Comments received related to the child labor criteria may also be considered by the Secretary of Labor in the preparation of the Department of Labor's report on child labor as required under section 412(c) of the Trade and Development Act of 2000. This notice identifies the eligibility criteria that must be considered under AGOA, and lists those sub- Saharan African countries that are currently eligible for the benefits of the AGOA and those that were ineligible for such benefits in 2013.
2013 Special 301 Out-of-Cycle Review of Notorious Markets: Notice of Extension for Public Comments
The Office of the United States Trade Representative published a request for comments in the 2013 Special 301 Out-of-Cycle Review of Notorious Markets in the Federal Register of September 20, 2013. That notice provided a deadline for comments of October 11, 2013. This notice extends that deadline to October 25, 2013.
WTO Dispute Settlement Proceeding Regarding Anti-Dumping and Countervailing Measures on Large Residential Washers From Korea
The Office of the United States Trade Representative (``USTR'') is providing notice that on August 29, 2013, the Republic of Korea (``Korea'') requested consultations with the United States under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning antidumping and countervailing duty measures regarding large residential washers (``washers'') from Korea. That request may be found at www.wto.org in a document designated as WT/DS464/1. USTR invites written comments from the public concerning the issues raised in this dispute.
2013 Special 301 Out-Of-Cycle Review of Notorious Markets: Request For Public Comments
The Office of the United States Trade Representative (USTR) is hereby requesting written submissions from the public identifying potential Internet and physical notorious markets that exist outside the United States and that may be included in the 2013 Notorious Markets List. In 2010, USTR began publishing the notorious market list as an ``Out-of-Cycle Review'' separately from the annual Special 301 report. This review of notorious markets (``Notorious Markets List'') results in the publication of examples of Internet and physical markets that have been the subject of enforcement action or that may merit further investigation for possible intellectual property infringements.
Fiscal Year 2014 WTO Tariff-Rate Quota Allocations for Raw Cane Sugar, Refined and Specialty Sugar, and Sugar-Containing Products
The Office of the United States Trade Representative (USTR) is providing notice of country-by-country allocations of the Fiscal Year (FY) 2014 (Oct. 1, 2013, through Sept. 30, 2014) in-quota quantity of the tariff-rate quotas (TRQs) for imported raw cane sugar, refined sugar (syrups and molasses), specialty sugar, and sugar-containing products.
Request for Comments on Additional Participants in Trade in Services Agreement
On January 15, 2013, the United States Trade Representative notified Congress of the Administration's intention to enter into negotiations for a Trade in Services Agreement (TISA) with an initial group of 20 trading partners. The January 15 notification states that the group negotiating TISA ``will expand as negotiations progress to include others who share our ambitious goals. This expansion will help further U.S. objectives for this agreement rather than change them.'' The TISA negotiating countries agree that two additional trading partners, Paraguay and Liechtenstein, are willing and able to meet the high standards envisioned for the agreement. The negotiating countries have formed a consensus to allow these new participants to join the negotiations. The Office of the United States Trade Representative (USTR) is seeking public comments regarding particular priorities with respect to the participation of these two countries in the negotiations.
Request for Public Comments Regarding the Interim Environmental Review of the Trans-Pacific Partnership Agreement
The Office of the U.S. Trade Representative (USTR), on behalf of the Trade Policy Staff Committee (TPSC), invites written comments from the public on the interim environmental review of the proposed Trans-Pacific Partnership Agreement (TPP). The interim environmental review will be available at: https://www.ustr.gov/trade-topics/ environment/environmental-reviews.
Request for Public Comments Regarding the National Trade Estimate Report on Foreign Trade Barriers
Pursuant to section 181 of the Trade Act of 1974, as amended (19 U.S.C. 2241), the Office of the United States Trade Representative (USTR) is required to publish annually the National Trade Estimate Report on Foreign Trade Barriers (NTE). With this notice, the Trade Policy Staff Committee (TPSC) is requesting interested persons to submit comments to assist it in identifying significant barriers to U.S. exports of goods, services, and U.S. foreign direct investment for inclusion in the NTE. The TPSC invites written comments from the public on issues that USTR should examine in preparing the NTE. In 2014, USTR expects to once again release in conjunction with the NTE report two reports dealing with additional trade barriersone on SPS measures and one on standards-related measures. USTR will invite written comments from the public on issues that should be examined in preparing those two reports through publication of a separate Notice in the Federal Register that will be forthcoming. Information regarding such measures should NOT be submitted in response to this Notice.
Request for Comments and Notice of Public Hearing Concerning Russia's Implementation of Its WTO Obligations
The interagency Trade Policy Staff Committee (TPSC) will convene a public hearing and seek public comment to assist the Office of the United States Trade Representative (USTR) in the preparation of its annual report to Congress on Russia's implementation of its obligations as a Member of the WTO.
Request for Comments and Notice of Public Hearing Concerning China's Compliance With WTO Commitments
The interagency Trade Policy Staff Committee (TPSC) will convene a public hearing and seek public comment to assist the Office of the United States Trade Representative (USTR) in the preparation of its annual report to the Congress on China's compliance with the commitments made in connection with its accession to the World Trade Organization (WTO).
Modification of the Harmonized Tariff Schedule of the United States for Certain Cheeses
This document modifies Additional U.S. Notes 2, 16, 17, 18, 19, 20, 21, 22, 23, and 25 to Chapter 4 of the Harmonized Tariff Schedule of the United States (HTS) to reflect the enlargement of the European Union to 27 countries on January 1, 2007.
Generalized System of Preferences (GSP): Notice of Initiation of the 2013 Annual GSP Product and Country Practices Review; Deadlines for Filing Petitions
This notice announces that the Office of the United States Trade Representative (USTR) is prepared to receive petitions to modify the list of products that are eligible for duty-free treatment under the GSP program and to modify the GSP status of certain GSP beneficiary developing countries because of country practices. USTR is also prepared to receive petitions requesting waivers of competitive need limitations (CNLs).
Notice of Rescheduled Hearing in the Section 301 Investigation of Ukraine
The public hearing in the Section 301 investigation of the intellectual property acts, policies, and practices of the Government of Ukraine that resulted in the identification of Ukraine as a priority foreign country is rescheduled for 10:30 a.m. on September 9, 2013.
Generalized System of Preferences (GSP): Results of the 2012 Annual GSP Review; Notice of a Country Practice Petition Accepted as Part of the 2012 Annual GSP Review
This notice announces the results of the 2012 Annual GSP Review with respect to: (1) Products considered for addition to the list of eligible products for GSP; (2) decisions related to competitive need limitations (CNLs), including petitions for waivers of CNLs and revocation of previous CNL waivers; (3) redesignations of products previously excluded from GSP eligibility for certain countries; and (4) petitions to modify the GSP status of certain GSP beneficiary countries because of country practices.
Identification of Ukraine as a Priority Foreign Country and Initiation of Section 301 Investigation
Pursuant to section 182(c)(1)(B) of the Trade Act of 1974, as amended (the Trade Act), in the May 1, 2013 Special 301 Report the United States Trade Representative (Trade Representative) identified Ukraine as a priority foreign country due to Ukraine's denial of adequate and effective protection of intellectual property rights and its denial of fair and equitable market access to persons that rely on intellectual property protection. Pursuant to section 302(b)(2) of the Trade Act, the Trade Representative is initiating a Section 301 investigation of the acts, policies, and practices of the Government of Ukraine that resulted in the identification of Ukraine as a priority foreign country. The Office of the United States Trade Representative (USTR) proposes a determination that these acts, policies, and practices are actionable under section 301(b). USTR invites interested persons to submit written comments and to participate in a public hearing concerning the issues covered in the investigation.
WTO Dispute Settlement Proceeding Regarding Indonesia-Importation of Horticultural Products, Animals, and Animal Products
The Office of the United States Trade Representative (``USTR'') is providing notice that the United States has requested and obtained the establishment of a dispute settlement panel under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement''). That request may be found at www.wto.org contained in a document designated as WT/DS455/7. USTR invites written comments from the public concerning the issues raised in this dispute.
Request for Comments on Negotiating Objectives With Respect to Japan's Participation in the Proposed Trans-Pacific Partnership Trade Agreement
The United States intends to commence negotiations with Japan as part of the ongoing negotiations of a Trans-Pacific Partnership (TPP) trade agreement. Including Japan in the negotiations furthers the objective of achieving a high-standard, broad-based Asia-Pacific regional agreement. In order to develop U.S. negotiating positions, the Office of the United States Trade Representative (USTR) is seeking comments from the public on all issues related to Japan's participation in the TPP negotiations. USTR also seeks comments on negotiations to address certain non-tariff measures of Japan that will be conducted bilaterally in parallel to the TPP negotiations and addressed by the conclusion of the TPP negotiations.
Notice With Respect to List of Countries Denying Fair Market Opportunities for Government-Funded Airport Construction Projects
Pursuant to section 533 of the Airport and Airway Improvement Act of 1982, as amended (49 U.S.C. 50104), the United States Trade Representative (USTR) has determined not to list any countries as denying fair market opportunities for U.S. products, suppliers, or bidders in foreign government-funded airport construction projects.
Generalized System of Preferences (GSP): Initiation of a Review of the Union of Burma and the Lao People's Democratic Republic for Possible Designation as Beneficiary Developing Countries
This notice announces (1) the initiation of reviews to consider designation of the Union of Burma (Burma) and the Lao People's Democratic Republic (Laos) as beneficiary developing countries under the GSP program, and, if designated, whether either country should also be designated as a least-developed beneficiary developing country under GSP, and (2) the schedule for public comments and a public hearing relating to whether Burma and/or Laos meet the criteria for both designations.
Request for Comments Concerning Proposed Transatlantic Trade and Investment Agreement
On March 20, 2013, the United States Trade Representative (USTR) notified Congress of the Administration's intention to enter into negotiations for a Transatlantic Trade and Investment Partnership (TTIP) agreement with the European Union (EU) aimed at achieving a substantial increase in transatlantic trade and investment. Before initiating such negotiations, the Trade Act of 1974 requires that, with respect to any proposed trade agreement, any interested persons be afforded an opportunity to present his or her view regarding any matters related to the proposed trade agreement. Accordingly, USTR is seeking public comments on the proposed TTIP, including regarding U.S. interests and priorities, in order to develop U.S. negotiating positions. Comments may be provided in writing and orally at a public hearing.
2012 Generalized System of Preferences (GSP) Product Review: Inviting Public Comments on Possible Actions Related to Competitive Need Limitations
This notice announces the availability of full 2012 calendar year import statistics relating to competitive need limitations (CNLs) under the Generalized System of Preferences (GSP) program. The Office of the United States Trade Representative (USTR) will accept public comments submitted by April 12, 2013, regarding: (1) Possible de minimis CNL waivers; (2) possible redesignations of articles currently not eligible for GSP benefits because they previously exceeded the CNL thresholds; and (3) potential revocation of CNL waivers.
WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping Measures on Certain Shrimp From Vietnam
The Office of the United States Trade Representative (``USTR'') is providing notice that the Socialist Republic of Vietnam (``Vietnam'') has requested the establishment of a dispute settlement panel under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement''). That request may be found at www.wto.org contained in a document designated as WT/DS429/3. USTR invites written comments from the public concerning the issues raised in this dispute.
United States-Israel Free Trade Area Implementation Act; Re-Designation of Qualifying Industrial Zones
Under the United States-Israel Free Trade Area Implementation Act (IFTA Act), articles of qualifying industrial zones (QIZs) encompassing portions of Israel and Jordan or Israel and Egypt are eligible to receive duty-free treatment. Effective upon publication of this notice, the United States Trade Representative, pursuant to authority delegated by the President, is modifying the designation of the previously-designated Al Minya, Alexandria, Beni Suief, Central Delta, Greater Cairo, and Suez Canal zones in Egypt under the IFTA Act to provide that all present and future facilities in these zones are potentially able to export goods duty-free to the United States. This modification would also clarify and, in some cases, adjust the geographic boundaries of the QIZs.
Request for Petitions To Accelerate Tariff Elimination and Modify the Rules of Origin Under the United States-Colombia Trade Promotion Agreement
This notice solicits proposals seeking accelerated tariff elimination under the USCTPA as well as proposals on appropriate changes that USTR should consider for modifying the USCTPA's rules of origin under Article 4.14 of the Agreement. This notice also describes the procedures for filing proposals.
Notice of Meeting of the Industry Trade Advisory Committee on Small and Minority Business (ITAC-11)
The Industry Trade Advisory Committee on Small and Minority Business (ITAC-11) will hold a meeting on Monday, March 4, 2013. The meeting will be opened to the public from 2:00 p.m. to 3:30 p.m.
WTO Dispute Settlement Proceeding Regarding United States-Measures Affecting the Importation of Animals, Meat and Other Animal Products From Argentina
The Office of the United States Trade Representative (AUSTR@) is providing notice that Argentina has requested the establishment of a dispute settlement panel under the Marrakesh Agreement Establishing the World Trade Organization (AWTO Agreement@). That request may be found at www.wto.org contained in a document designated as WT/DS447/2. USTR invites written comments from the public concerning the issues raised in this dispute.
Generalized System of Preferences (GSP): Notice of Status of Certain Pending Country Practice Petitions; Notice of Schedule for Public Comments and a Hearing on Certain Country Practice Reviews
This notice announces (1) the status of pending country practice petitions submitted as part of previous GSP Annual Reviews, and (2) the schedule for public comments and a public hearing on the ongoing GSP country practice reviews regarding worker rights and/or child labor in Bangladesh, Georgia, Niger, the Philippines, and Uzbekistan, and protection of intellectual property rights (IPR) in Russia and Uzbekistan.
WTO Dispute Settlement Proceeding Regarding Indonesia Importation of Horticultural Products, Animals and Animal Products
The Office of the United States Trade Representative (``USTR'') is providing notice that on January 10, 2013, the United States requested consultations with the Government of the Republic of Indonesia (``Indonesia'') under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning certain measures imposed by Indonesia on the importation of horticultural products, animals and animal products. That request may be found at www.wto.org, contained in a document designated as WT/DS455/1. USTR invites written comments from the public concerning the issues raised in this dispute.
Generalized System of Preferences (GSP): Request for Public Comments on the Possible Withdrawal, Suspension, or Limitation of GSP Benefits With Respect to Bangladesh
As part of an ongoing country practice review, the GSP Subcommittee of the Trade Policy Staff Committee (TPSC) is considering whether to recommend that duty-free treatment accorded to imports from Bangladesh under the GSP program be withdrawn, suspended, or limited on the grounds that Bangladesh is not taking steps to afford to workers in Bangladesh internationally recognized worker rights, specifically the right of association and the right to organize and bargain collectively. The GSP Subcommittee is seeking public comments on the effect of a withdrawal, suspension, or limitation of GSP benefits on products imported into the United States from Bangladesh.
Determination of Trade Surplus in Certain Sugar and Syrup Goods and Sugar-Containing Products of Chile, Morocco, Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, Nicaragua, Peru, Colombia, and Panama; Correction
The Office of the United States Trade Representative published a document in the Federal Register of December 17, 2012 concerning the determination of the trade surplus in certain sugar and syrup goods and sugar containing products of Determination of Trade Surplus in Certain Sugar and Syrup Goods and Sugar-Containing Products of Chile, Morocco, Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, Nicaragua, Peru, Colombia, and Panama. The document contained an error.
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