Notice of Opportunity To Apply for Nomination to the World Trade Organization Dispute Settlement Roster of Panel Candidates

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

Notice of Opportunity To Apply for Nomination to the World Trade

Organization Dispute Settlement Roster of Panel Candidates

AGENCY: Office of the United States Trade Representative.

ACTION: Notice of opportunity to apply for nomination by the United

States to the indicative list of non-governmental panelist candidates

provided for in Article 8 of the Understanding on Rules and Procedures

Governing the Settlement of Disputes (DSU) and in the Decision on

Certain Dispute Settlement Procedures for the General Agreement on

Trade in Services (GATS) of the World Trade Organization (WTO).

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SUMMARY: The DSU provides a mechanism for the settlement of disputes

between the governments which are members of the WTO. A three-person

panel conducts each dispute settlement proceeding and issues a report

for consideration by the Dispute Settlement Body (DSB) in which

representatives of all WTO members participate. The DSU also provides

for the WTO Secretariat to maintain an indicative roster of well-

qualified governmental and non-governmental individuals, to assist in

the selection of panelists for dispute settlement proceedings.

Section 123(b) of the Uruguay Round Agreements Act (URAA), Public

Law 103-405, provides that the Trade Representative shall seek to

ensure that persons appointed to the WTO roster are well-qualified and

that the roster includes persons with expertise in all of the subject

matters covered by the Uruguay Round Agreements. USTR invites citizens

of the United States with appropriate qualifications to apply for

consideration as a nominee to the roster.

DATE: Eligible citizens are encouraged to apply by December 9, 1999 to

be considered for nomination to the roster in 1999.

FOR FURTHER INFORMATION CONTACT: For information concerning the form of

the application, contact Sandy McKinzy, Litigation Assistant, USTR

Office of Monitoring and Enforcement, (202) 395-3582. For information

concerning WTO procedures or the duties involved, contact Amelia

Porges, Senior Counsel for Dispute Settlement, (202) 395-7305 or

Stephen Kho, Assistant General Counsel, (202) 395-3581. For information

relating to the GATS, contact Steven Fabry, Associate General Counsel,

(202) 395-3582 or Peter Collins, Deputy Assistant USTR for Services and

Investment, (202) 395-7271. Further information on the WTO and dispute

settlement is available on the Internet at http://www.ustr.gov/reports/

tpa/1999/iv-a.pdf; the text of the DSU is available on the Internet at

http://www.wto.org/wto/dispute/dsu.htm.

SUPPLEMENTARY INFORMATION: Pursuant to Article 8 of the DSU, the WTO

Secretariat is to maintain an indicative list of well-qualified

governmental and non-governmental individuals, including persons who

have served on or presented a case to a panel, taught or published on

international trade law or policy, or served as a senior trade policy

official of a WTO member country. The indicative list will be used to

assist in the selection of panelists for dispute settlement

proceedings. Panel members

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are to be selected with a view to ensuring a sufficiently diverse

background and a wide spectrum of experience. The current roster list

dates principally from 1997 (with the addition of a few persons

nominated later and approved by the DSB). The list is available on the

Internet in http://www.ustr.gov/reports/tpa/1999/iv-b.pdf. The roster

list is updated each two years.

USTR currently seeks applications related to the list of non-

governmental individuals. Persons selected by USTR will be nominated

for inclusion on the WTO indicative roster subject to DSB approval.

Inclusion of a name on the roster, however, does not necessarily mean

that the individual will be selected for service on a panel. DSU

Article 8.2 provides that citizens of WTO Members whose governments are

parties or interested third parties to a dispute may not serve on the

panel in that dispute unless the parties agree otherwise. For example,

panels for disputes in which the United States is a party or interested

third party cannot include any U.S. citizens unless the parties to the

dispute agreed otherwise.

The Decision on Certain Dispute Settlement Procedures for the GATS

requires that panels for GATS disputes include specific expertise on

individual sectors. GATS disputes could involve, inter alia, one or

more of the following eleven principal sectors: (1) Business services,

including professional and related services, (for example, legal,

accounting, auditing and bookkeeping, taxation, medical, dental,

veterinary, engineering, architectural, and urban planning services),

computer and related services, research and development services, real

estate services, rental and leasing services, and advertising and

management services; (2) communication services (including audio-visual

services); (3) construction and related engineering services; (4)

distribution services; (5) educational services; (6) environmental

services; (7) financial services, including insurance and insurance-

related services, banking and securities services; (8) health-related

and social services; (9) tourism and travel-related services; (10)

recreational, cultural and sporting services, and (11) transport

services.

Panels for GATS disputes are to be composed of well-qualified

governmental and/or non-governmental individuals who have experience in

issues related to GATS and/or trade in services, including associated

regulatory matters. Dispute settlement panels concerning sectoral

matters under the GATS must have expertise relevant to the specific

service sector to which the dispute relates. The GATS Annex on

Financial Services further provides that panels for disputes on

prudential issues and other financial matters must have the necessary

expertise relevant to the specific financial service under dispute.

WTO dispute settlement panels consist of three persons (unless the

parties agree to have five panelists) whose function is to make an

objective assessment of the matter under dispute, including an

objective assessment of the facts of the case, the applicability of the

relevant WTO agreements and the conformity of the measure under

consideration with the obligations of those agreements. In addition,

panels are to make such other findings as will assist the DSB in making

the recommendations provided for in the WTO agreements.

Panelists must act in strict conformity with the provisions of the

WTO agreements, including application of the appropriate standard of

review. Panels are responsible for providing a report to the DSB,

including recommendations if necessary, on the conformity of the matter

under dispute with WTO obligations. Panelists must also comply with the

WTO Rules of Conduct (available at http://www.ustr.gov/reports/tpa/

1997/part4__2__8.html or http://www.wto.org/wto/dispute/rc.htm)

relating to conflicts of interest and conduct as a panelist.

Procedures for Application

Non-governmental U.S. citizens (i.e., individuals not currently

employed full-time by the U.S. Federal government or a state or local

government) possessing expertise in international trade, services,

intellectual property rights or other matters covered by the WTO

agreements are invited to file an application for nomination to the WTO

roster.

Applications must be typewritten and submitted along with two

copies to Sandy McKinzy, Room 122, Office of the U.S. Trade

Representative, 600 17th Street, N.W., Washington, D.C. 20508. However,

only one copy need be provided of speeches and publications submitted

under item 9 below. Applicants are to provide the following information

to the extent applicable:

1. Name of the applicant;

2. Business address, telephone number and, if available, fax number

and e-mail address;

3. Citizenship(s);

4. Foreign language fluency, spoken and written;

5. Current employment, including title, description of

responsibilities, and name and address of employer;

6. Relevant education and professional training, including

particular service-sector expertise, if any;

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;

9. List of publications and speeches; teaching experience in the

area of trade; also, one copy of any speeches and publications relevant

to the subject matter of the WTO agreements or service sector;

10. List of international trade proceedings or domestic proceedings

relating to international trade (WTO) matters in which the person has

provided advice or otherwise participated, including judicial or

administrative proceedings over which that person has presided;

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; also, the names and nationalities of

all foreign entities for which the applicant (or the applicant's

employer on behalf of the applicant) is currently or has previously

been registered under the Lobbying Disclosure Act of 1995 (P.L. 104-

65), and the dates of all registration periods;

12. Names, addresses, telephone and, if available, fax numbers of

three individuals authorized to provide information to USTR concerning

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

familiarity with international trade laws and other areas of expertise,

character, reliability and judgment; and

13. A short statement of qualifications, including information

relevant to the applicant's familiarity with international trade,

services or other issues covered by the WTO agreements, and

availability for service.

Information provided by applicants will be used by USTR for the

purpose of selecting candidates for nomination to the WTO roster.

Further information concerning potential conflicts may be requested

from individuals and the possibility of significant conflicts will be

taken into consideration in evaluating applicants. Copies of

publications and speeches submitted under item 9 above will be returned

to the applicant upon request. Information submitted may be subject to

public disclosure. Any business confidential information that should

not be disclosed to the public should be clearly indicated

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as such on each page of the submission, pursuant to 15 CFR section

2003.6.

U.S. citizens who are current members of the WTO roster and are

interested in continuing to serve on the roster should reapply in

response to this notice. Current members who are no longer interested

in serving on panels need not notify USTR as they will be automatically

removed from the list. Individuals who have previously applied but have

not been selected for nomination may reapply.

USTR will contact applicants that qualify for further consideration

as nominees regarding any additional information that may be required.

This notice contains a collection of information provision subject

to the Paperwork Reduction Act (PRA) which has been approved by 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 to voluntarily apply for nomination to

the WTO roster. It is expected that the collection of information

burden will be under 3 hours. This is a one-time-only collection of

information, and contains no annual reporting and recordkeeping burden.

This collection of information was approved by OMB under OMB Control

Number 0350-0008. Send comments regarding the collection of information

burden or any other aspect of the information collection to USTR at the

address above.

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 123(b) of the Uruguay Round

Agreements Act and 15 CFR section 2003. Provision of the information

requested above is voluntary; however, failure to provide the

information will preclude your consideration as a candidate for the WTO

roster. The information provided is needed, and will be used by USTR

and other Federal government trade policy officials concerned with WTO

dispute settlement, to select well-qualified U.S. roster candidates,

and to complete standard curriculum vitae forms required by the WTO for

each roster candidate. The information may be disclosed to members of

the TPSC Subcommittee on WTO Disputes, for the purpose of evaluation of

applications. Information on nominees will be furnished to the WTO

pursuant to requirements under the DSU.

Robert Novick,

General Counsel.

[FR Doc. 99-29347 Filed 11-8-99; 8:45 am]

BILLING CODE 3190-01-P