North American Free Trade Agreement; Invitation for Applications for Inclusion on the Chapter 19 Roster

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.

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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, 2000 through March 31, 2001.

DATES: Applications should be received no later than December 9, 1999.

ADDRESSES: Applications should be sent to Ms. Leah Mayo, Attn: Chapter

19 Roster Applications, Office of the United States Trade

Representative, 600 17th Street, NW, Washington, DC 20508.

FOR FURTHER INFORMATION CONTACT: With regard to the form of the

application, Ms. Leah Mayo, (202) 395-3432; with regard to eligibility

requirements, David J. Ross, Assistant General Counsel, (202) 395-3581.

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 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.

Procedures for Selection of Chapter 19 Roster Members

Section 402 establishes procedures for the selection by the United

States Trade Representative of the individuals chosen by the United

States for inclusion on the Chapter 19 roster. The roster is renewed

annually, and applies

[[Page 61172]]

during the one-year period beginning April 1 of each calendar year.

Under section 402, an interagency committee chaired by the United

States Trade Representative 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, the United States Trade Representative 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 400 Canadian dollars per day.

Applications

Eligible individuals who wish to be included on the Chapter 19

roster for the period April 1, 2000 through March 31, 2001 are invited

to submit applications. Applicants should submit an original

application and 1 copy. 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 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. Spanish language fluency, written and spoken.

7. Post-education employment history, including the dates and

address 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 United States, Canadian or Mexican Governments.

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. Sec. 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 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

number of three individuals willing to provide information concerning

the applicant's qualifications for service, including the applicant's

familiarity with international trade laws, character, reputation,

reliability, and judgment.

Current Roster Members and Prior Applicants

Current members of the Chapter 19 roster who remain interested in

inclusion on the Chapter 19 roster are requested to 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 be subject to public disclosure. An

applicant who wishes to exempt information from public disclosure

should follow the procedures set forth in 15 CFR Sec. 2003.6.

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 0350-0009. Please send

comments regarding the collection of information burden or any other

aspect of the information collection to USTR at the address above.

Privacy Act

The following statements are made in accordance with the Privacy

Act of 1974, as amended (5 U.S.C. Sec. 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. 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.

Robert T. Novick,

General Counsel.

[FR Doc. 99-29346 Filed 11-8-99; 8:45 am]

BILLING CODE 3190-01-P