77128 Federal Register / Vol. 69, No. 246 / Thursday, December 23, 2004 / Notices 

DEPARTMENT OF LABOR

Office of the Secretary 

Bureau of International Labor Affairs; 

Notice of Renaming the National 

Administrative Office as the Office of 

Trade Agreement Implementation; 

Designation of That Office as the 

Contact Point for Labor Provisions of 

Free Trade Agreements; and Request 

for Comments on Procedural 

Guidelines 

December 17, 2004.

AGENCY: Office of the Secretary, Labor.

ACTION: Notice of renaming; designation 

of contact point; and request for 

comments on procedural guidelines. 

SUMMARY: The Secretary of Labor 

announces that the National 

Administrative Office (NAO) of the 

Bureau of International Labor Affairs 

(ILAB) is renamed as the Office of Trade 

Agreement Implementation (Office) and 

will serve as the Contact Point for 

purposes of administering the labor 

chapters of the U.S.-Chile and U.S.-

Singapore Free Trade Agreements, as 

well as labor provisions of other free 

trade agreements to which the United 

States may become a party to the extent 

authorized in such agreements, 

implementing legislation, or 

accompanying statements of 

administrative action, and the 

establishment of procedural guidelines 

pertaining to the public submission 

process. The Office will maintain the 

designation of the NAO and continue its 

function to administer Departmental 

responsibilities under the North 

American Agreement on Labor 

Cooperation. The address for this office 

is: Office of Trade Agreement 

Implementation, Bureau of International 

Labor Affairs, U.S. Department of Labor, 

200 Constitution Avenue, NW., Room 

S–5205, Washington, DC 20210. The 

telephone numbers are (office) 202–

693–4900 and (facsimile) 202–693–

4910. 

Written comments and suggestions on 

the procedural guidelines are requested.

DATES: Effective Date: The renaming and 

designation of the functions of the 

Office are effective on December 17, 

2004. 

Comment Date: Written comments 

and suggestions on the procedural 

guidelines should be submitted by 

February 22, 2005.

ADDRESSES: Please send comments to 

USNAO@dol.gov or to the Director of 

the Office of Trade Agreement 

Implementation, Bureau of International 

Labor Affairs, U.S. Department of Labor, 

200 Constitution Avenue, NW., Room 

S–5205, Washington, DC 20210. 

Telephone: (202) 693–4900, facsimile 

(202) 693–4910. Comments provided in 

electronic format are preferred.

FOR FURTHER INFORMATION CONTACT:

Director, Office of Trade Agreement 

Implementation, Bureau of International 

Labor Affairs, U.S. Department of Labor, 

200 Constitution Avenue, NW., Room 

S–5205, Washington, DC 20210. 

Telephone: (202) 693–4900 (this is not 

a toll-free number).

SUPPLEMENTARY INFORMATION: The U.S.-

Chile Free Trade Agreement was signed 

by the United States of America and the 

Republic of Chile on June 6, 2003. The 

Governments of the countries 

exchanged notes providing for the entry 

into force of the Agreement on January 

1, 2004. See Public Law 108–77, 117 

Stat. 909 (Sept. 3, 2003), the U.S.-Chile 

Free Trade Agreement Implementation 

Act. The U.S.-Singapore Free Trade 

Agreement was signed by the United 

States of America and the Republic of 

Singapore on May 6, 2003. The 

Governments of the countries 

exchanged notes providing for the entry 

into force of the Agreement on January 

1, 2004. See Public Law 108–78, 117 

Stat. 948 (Sept. 3, 2003), the U.S.-

Singapore Free Trade Agreement 

Implementation Act. The North 

American Agreement on Labor 

Cooperation (NAALC) was signed by the 

United States, Mexico, and Canada in 

September 1993 and became effective 

January 1, 1994. See Public Law 103–

182, 107 Stat. 2057 (Dec. 8, 1993), the 

North American Free Trade Agreement 

Implementation Act. 

Article 15 of the NAALC requires 

each Party to establish a National 

Administrative Office. The U.S. NAO 

was established by the Secretary of 

Labor on January 1, 1994. See 58 FR 

69410 (Dec. 30, 1993) and 59 FR 16660 

(Apr. 7, 1994). Article 16 of the NAALC 

provides that the NAO shall serve as a 

point of contact with governmental 

agencies of that Party, NAOs of the other 

Parties, and the Secretariat of the 

Commission for Labor Cooperation. 

Additionally, the NAO is to provide for 

the submission and receipt of public 

communications on labor law matters 

arising in the territory of another Party. 

Article 18.4.3 of the U.S.-Chile FTA 

and Article 17.4.2 of the U.S.-Singapore 

FTA require each Party to designate an 

office within its labor ministry to serve 

as a contact point with the other Party, 

and with the public, for the purpose of 

implementing the labor chapters. Each 

contact point is to provide for the 

submission, receipt, and consideration 

of public communications on matters 

related to the chapters. 

Paragraph 2 of Annex 18.5 of the U.S.-

Chile FTA and paragraph 2(a) of Annex 

17A of the U.S.-Singapore FTA also 

provide for the establishment of labor 

ministry contact points to support the 

work of a Labor Cooperation Mechanism 

established under each labor chapter. In 

addition, Article 18.4.6 of the U.S.-Chile 

FTA and Article 17.4.3 of the U.S.-

Singapore FTA provide that each Party 

may convene an advisory committee to 

provide views or advice on the 

implementation of the labor chapters. 

The attached notice provides for the 

renaming of the NAO as the Office of 

Trade Agreement Implementation and 

that it shall serve as the Contact Point 

for the labor provisions of the U.S.-Chile 

and U.S.-Singapore FTAs. It also 

provides that the Office shall serve as a 

contact point for matters under labor 

chapters of other FTAs to which the 

United States may become a party to the 

extent authorized in such agreements, 

implementing legislation, or 

accompanying statements of 

administrative action. The Office will 

have the responsibility for 

administering U.S. responsibilities 

under the labor chapters and the 

NAALC, including serving as a contact 

point between the labor ministries of the 

Parties, serving as a contact point with 

the public on the labor chapters and the 

NAALC, providing for the submission, 

receipt, consideration, and review of 

public communications on matters 

related to the labor chapters and the 

NAALC, providing support to any 

advisory committees that may be 

convened or consulted pursuant to the 

labor chapters or the NAALC, and 

coordinating work under the 

mechanisms for labor cooperation 

established under the labor chapters and 

the cooperative activities program of the 

NAALC. 

The attached notice provides for an 

open and transparent process regarding 

compliance by Chile and Singapore 

with the obligations of the labor chapter 

of each FTA, as appropriate, by other 

parties to labor chapters of other FTAs 

to which the United States may become 

a party, and by Mexico and Canada with 

the obligations of the NAALC. It 

provides for receipt and review of 

public submissions on matters related to 

a labor chapter or the NAALC. Within 

60 days of receipt of a submission, the 

Office will initiate a review of the 

matter or advise the submitting party 

and the public that a review is not 

appropriate. At the conclusion of each 

review, the Office will publish a public 

report. The Office will periodically 

publish a list of public submissions. The 

Office also may undertake a review on 

Federal Register / Vol. 69, No. 246 / Thursday, December 23, 2004 / Notices 77129

its own initiative on relevant labor 

matters. 

The Notice of Renaming the National 

Administrative Office as the Office of 

Trade Agreement Implementation and 

Designation of that Office as the Contact 

Point for Labor Provisions of Free Trade 

Agreements set forth below replaces the 

Revised Notice of Establishment 

published on April 7, 1994 (59 FR 

16660).

Signed at Washington, DC on December 17, 

2004. 

Elaine L. Chao, 

Secretary of Labor.

Notice of Renaming of the National 

Administrative Office as the Office of 

Trade Agreement Implementation and 

Designation of That Office as the 

Contact Point for Labor Provisions of 

Free Trade Agreements 

Section A. Renaming and Designation

1. The National Administrative Office, 

Bureau of International Labor Affairs, 

U.S. Department of Labor established 

January 1, 1994, 59 FR 16660 (Apr. 7, 

1994), is renamed as the Office of Trade 

Agreement Implementation, Bureau of 

International Labor Affairs, U.S. 

Department of Labor. 

2. The Office of Trade Agreement 

Implementation is designated as the 

Contact Point as required by Article 

18.4.3 and Annex 18.5 of the U.S.-Chile 

FTA and Article 17.4.2 and Annex 17A 

of the U.S.-Singapore FTA. 

3. The Office of Trade Agreement 

Implementation is designated as a 

contact point for labor chapters of other 

FTAs to which the United States may 

become a party to the extent authorized 

in such agreements, implementing 

legislation, or accompanying statements 

of administrative action. 

4. The Office of Trade Agreement 

Implementation retains the functions of, 

and designation as, the National 

Administrative Office to administer 

Departmental responsibilities under the 

North American Agreement on Labor 

Cooperation. The Director of the Office 

of Trade Agreement Implementation 

retains the functions of, and designation 

as, the Secretary of the National 

Administrative Office under Article 15 

of the North American Agreement on 

Labor Cooperation. 

Section B. Definitions 

As used herein: 

‘‘FTA’’ means the U.S.-Chile Free 

Trade Agreement, the U.S.-Singapore 

Free Trade Agreement, or other free 

trade agreement to which the United 

States may become a party; 

‘‘another Party’’ or ‘‘other Party’’

means a country other than the United 

States that is a Party to an FTA or the 

NAALC; 

‘‘Commission for Labor Cooperation’’

means the Commission for Labor 

Cooperation established pursuant to 

Article 8 of the NAALC; 

‘‘Cooperative Activities Program’’

means the program of cooperative 

activities undertaken by the Parties to 

the NAALC; 

‘‘Labor Affairs Council’’ means the 

Labor Affairs Council established 

pursuant to Article 18.4.1 of the U.S.-

Chile Free Trade Agreement or pursuant 

to another FTA; 

‘‘labor chapter’’ means Chapter 

Eighteen of the U.S.-Chile FTA, Chapter 

17 of the U.S.-Singapore FTA, or a labor 

chapter of another FTA; 

‘‘Labor Cooperation Mechanism’’

means the mechanism established 

pursuant to Article 18.5 of the U.S.-

Chile FTA or Article 17.5 of the U.S.-

Singapore FTA, or a similar mechanism 

established pursuant to another FTA; 

‘‘labor organization’’ includes any 

organization of any kind, including such 

local, national, and international 

organizations or federations, in which 

employees participate and which exists 

for the purpose, in whole or in part, of 

dealing with employers concerning 

grievances, labor disputes, wages, rates 

of pay, hours, or other terms or 

conditions of employment; 

‘‘NAALC’’ means the North American 

Agreement on Labor Cooperation; 

‘‘non-governmental organization’’

means any scientific, professional, 

business, non-profit, or public interest 

organization or association which is 

neither affiliated with, nor under the 

direction of, a government; 

‘‘Office’’ means Office of Trade 

Agreement Implementation; 

‘‘Party’’ means a Party to an FTA or 

the NAALC; 

‘‘person’’ includes one or more 

individuals, non-governmental 

organizations, labor organizations, 

partnerships, associations, corporations, 

or legal representatives; and 

‘‘Subcommittee’’ means a 

Subcommittee on Labor Affairs that may 

be established by the Joint Committee 

pursuant to Article 17.4.1 of the U.S.-

Singapore FTA or pursuant to another 

FTA. 

Section C. Functions of the Office of 

Trade Agreement Implementation 

1. The Office shall encourage input 

and receive communications from the 

public on any matter related to a labor 

chapter of an FTA, including its Labor 

Cooperation Mechanism, and the 

NAALC, including its Cooperative 

Activities Program. The Office shall 

consider the views expressed by the 

public, consult, as appropriate, with 

U.S. and foreign government and nongovernment representatives, and 

provide appropriate and prompt 

responses. 

2. The Office shall provide assistance 

to the Secretary of Labor on all matters 

concerning a labor chapter of an FTA, 

including the development and 

implementation of a Labor Cooperation 

Mechanism, and the NAALC, including 

the development and implementation of 

a Cooperative Activities Program. 

3. The Office shall serve as a point of 

contact with agencies of the United 

States Government, a contact point of 

another Party, the public, governmental 

working or expert groups, business 

representatives, labor organizations, and 

non-governmental organizations 

concerning matters under a labor 

chapter or the NAALC. 

4. The Office shall promptly provide 

publicly available information pursuant 

to Article 14 of the NAALC as requested 

by the Secretariat of the Commission for 

Labor Cooperation, the National 

Administrative Office of another Party, 

or an Evaluation Committee of Experts. 

5. The Office shall receive, determine 

whether to accept for review, and 

review submissions on another Party’s 

commitments and obligations arising 

under a labor chapter or the NAALC, as 

set out in Sections F, G, and H. 

6. The Office may, at the direction of 

the Director, initiate a review of any 

matter arising under a labor chapter or 

the NAALC.

7. The Office may request, undertake, 

and participate in consultations with 

another Party pursuant to Article 18.6 of 

the U.S.-Chile FTA, Article 17.6 of the 

U.S.-Singapore FTA, Parts Four and 

Five of the NAALC, or pursuant to 

another FTA, regarding any matter 

arising under a labor chapter or the 

NAALC, and shall respond to requests 

for such consultations made by another 

Party. 

8. The Office shall assist a Labor 

Affairs Council or Subcommittee or the 

Commission for Labor Cooperation on 

any relevant matter. 

9. The Office shall, as appropriate, 

establish working or expert groups; 

consult with and seek advice of nongovernmental organizations or persons; 

prepare and publish reports as set out in 

Section J and on matters related to the 

implementation of a labor chapter 

pursuant to Article 18.4.4 of the U.S.-

Chile FTA or Article 17.4.5 of the U.S.-

Singapore FTA, or pursuant to another 

FTA; collect and maintain information 

on labor law matters involving another 

Party; and compile materials concerning 

labor law legislation of another Party. 

77130 Federal Register / Vol. 69, No. 246 / Thursday, December 23, 2004 / Notices 

10. The Office shall consider the 

views of any advisory committee 

established or consulted to provide 

advice in administering a labor chapter 

or the NAALC. 

11. The Office shall consult with the 

United States Trade Representative, the 

Department of State, and other 

appropriate entities of the U.S. 

Government in carrying out its 

responsibilities under the labor chapters 

and the NAALC. 

Section D. Cooperation 

1. The Office shall conduct at all 

times its activities in accordance with 

the principles of cooperation and 

respect embodied in the FTAs and the 

NAALC. In its dealings with a contact 

point of another Party and all persons, 

the Office shall endeavor to the 

maximum extent possible to resolve 

matters through consultation and 

cooperation. 

2. The Office shall consult with the 

contact point of another Party during 

the submission and review process set 

out in Sections F, G and H in order to 

obtain information and resolve issues 

that may arise. 

3. The Office, on behalf of the 

Department of Labor and with other 

appropriate agencies, shall develop and 

implement cooperative activities under 

a Labor Cooperation Mechanism of an 

FTA and the Cooperative Activities 

Program of the NAALC. The Office may 

carry out such cooperative activities 

through any means the Parties deem 

appropriate, including exchange of 

government delegations, professionals, 

and specialists; sharing of information, 

standards, regulations and procedures, 

and best practices; organization of 

conferences, seminars, workshops, 

meetings, training sessions, and 

outreach and education programs; 

development of collaborative projects or 

demonstrations; joint research projects, 

studies, and reports; and technical 

exchanges and cooperation. 

4. The Office shall receive and 

consider views on cooperative activities 

from worker and employer 

representatives and from other members 

of civil society. 

Section E. Information 

1. The Office shall maintain public 

files where submissions, transcripts of 

hearings, Federal Register notices, 

reports, advisory committee 

information, and other public 

information shall be available for 

inspection during normal business 

hours, subject to the terms and 

conditions of the Freedom of 

Information Act, 5 U.S.C. 552. 

2. Information submitted by a person 

or another Party to the Office in 

confidence shall be treated as exempt 

from public inspection if the 

information meets the requirements of 5 

U.S.C. 552(b) or as otherwise permitted 

by law. Each person or Party requesting 

such treatment shall clearly mark 

‘‘submitted in confidence’’ on each page 

or portion of a page so submitted and 

furnish an explanation as to the need for 

exemption from public inspection. If the 

material is not accepted in confidence it 

will be returned promptly to the 

submitter with an explanation for the 

action taken. 

3. The Office shall be sensitive to the 

needs of an individual’s confidentiality 

and shall make every effort to protect 

such individual’s interests. 

Section F. Submissions 

1. Any person may file a submission 

with the Office regarding another Party’s 

commitments or obligations arising 

under a labor chapter or Part Two of the 

NAALC. Filing may be by electronic 

transmission, hand delivery, mail 

delivery, or facsimile transmission. A 

hard copy submission must be 

accompanied by an electronic version in 

a current Word or Word Perfect format, 

including attachments unless it is not 

practicable.

2. The submission shall identify 

clearly the person filing the submission 

and shall be signed and dated. It shall 

state with specificity the matters that 

the submitter requests the Office to 

consider and include supporting 

information available to the submitter, 

including, wherever possible, copies of 

laws or regulations which are the 

subject of the submission. As relevant, 

the submission shall address and 

explain to the fullest extent possible 

whether: 

(a) the matters referenced in the 

submission demonstrate action 

inconsistent with another Party’s 

commitments or obligations under a 

labor chapter or the NAALC, noting the 

particular commitment or obligation; 

(b) there has been harm to the 

submitter or other persons, and, if so, to 

what extent; 

(c) the matters referenced in the 

submission demonstrate a sustained or 

recurring course of action or inaction of 

non-enforcement of labor law by the 

other Party; 

(d) the matters referenced in the 

submission affect trade between the 

parties; 

(e) the course of action or inaction 

reflects something other than a 

reasonable exercise of discretion or a 

bona fide decision regarding the 

allocation of resources; 

(f) relief has been sought under the 

domestic laws of the other Party, and, if 

so, the status of any legal proceedings; 

and 

(g) the matters referenced in the 

submission are pending before an 

international body. 

Section G. Acceptance of Submissions 

1. Within 60 days after the filing of a 

submission, the Office shall determine 

whether to accept the submission for 

review. The Office may communicate 

with the submitter during this period 

regarding any matter relating to the 

determination. 

2. In determining whether to accept a 

submission for review, the Office shall 

consider whether: 

(a) the submission raises issues 

relevant to any matter arising under a 

labor chapter or the NAALC; 

(b) a review would further the 

objectives of a labor chapter or the 

NAALC; 

(c) the submission clearly identifies 

the person filing the submission, is 

signed and dated, and is sufficiently 

specific to determine the nature of the 

request and permit an appropriate 

review; 

(d) the statements contained in the 

submission, if substantiated, would 

constitute a failure of the other Party to 

comply with its obligations under a 

labor chapter or the NAALC; 

(e) the statements contained in the 

submission or available information 

demonstrate that appropriate relief has 

been sought under the domestic laws of 

the other Party, or that the matter or a 

related matter is pending before an 

international body; and 

(f) the submission is substantially 

similar to a recent submission and 

significant, new information has been 

furnished that would substantially 

differentiate the submission from the 

one previously filed. 

3. If the Office accepts a submission 

for review, it shall promptly provide 

written notice to the submitter, the 

relevant Party, and other appropriate 

persons, and promptly publish in the 

Federal Register notice of the 

determination, a statement specifying 

why review is warranted, and the terms 

of the review. 

4. If the Office declines to accept a 

submission for review, it shall promptly 

provide written notice to the submitter 

stating the reasons for the 

determination. 

Section H. Reviews and Public Reports 

1. Following a determination by the 

Office to accept a submission for review, 

the Office shall conduct such further 

examination of the submission as may 

Federal Register / Vol. 69, No. 246 / Thursday, December 23, 2004 / Notices 77131

be appropriate to assist it to better 

understand and publicly report on the 

issues raised. The Office shall keep the 

submitter apprised of the status of a 

review. 

2. Except for information exempt from 

public inspection pursuant to Section E, 

information relevant to a review shall be 

placed in a public file.

3. The Office shall provide a process 

for the public to submit information 

relevant to the review, including 

holding a public hearing as appropriate. 

4. Notice of any such hearing under 

paragraph 3 shall be published in the 

Federal Register 30 days in advance. 

The notice shall contain such 

information as the Office deems 

relevant, including information 

pertaining to requests to present oral 

testimony and written briefs. 

5. Any hearing shall be open to the 

public. All proceedings shall be 

conducted in English, with 

simultaneous interpretation provided as 

the Office deems necessary. 

6. Any hearing shall be conducted by 

an official of the Office or another 

Departmental official, assisted by staff 

and legal counsel, as appropriate. The 

public file shall be made part of the 

hearing record at the commencement of 

the hearing. 

7. Within 120 days of the acceptance 

of a submission for review, unless 

circumstances as determined by the 

Office require an extension of time of up 

to 60 additional days, the Office shall 

issue a public report. 

8. The report shall include a summary 

of the proceedings and any findings and 

recommendations. 

Section I. Recommendations to the 

Secretary of Labor 

1. The Office may at any time make 

a recommendation to the Secretary of 

Labor as to whether the United States 

should request consultations with 

another Party pursuant to Article 18.6.1 

of the U.S.-Chile FTA or Article 17.6.1 

of the U.S.-Singapore FTA, or pursuant 

to another FTA, or consultations with 

another Party at the ministerial level 

pursuant to Article 22 of the NAALC. As 

relevant and appropriate, the Office 

shall include any such recommendation 

in the report prepared in response to a 

submission. 

2. If, following such consultations, the 

Office determines that the matter has 

not been resolved satisfactorily, it shall 

make a recommendation to the 

Secretary of Labor concerning the 

convening of a Labor Affairs Council or 

Subcommittee pursuant to an FTA, or 

the establishment of an Evaluation 

Committee of Experts pursuant to 

Article 23 of the NAALC, as relevant. 

3. If the mechanisms referred to in 

paragraph 2 are invoked and the Office 

determines that the matter subsequently 

remains unresolved, and the matter 

concerns whether a Party is conforming 

with an obligation under a labor 

chapter, such as Article 18.2.1.a of the 

U.S.-Chile FTA or Article 17.2.1.a of the 

U.S.-Singapore FTA, or Part Two of the 

NAALC, that is subject to the dispute 

settlement provisions of an FTA or the 

NAALC, the Office shall make a 

recommendation to the Secretary of 

Labor concerning pursuit of dispute 

resolution under such provisions. 

Section J. Periodic and Special Reports 

1. The Office shall publish 

periodically a list of submissions 

presented to it, including a summary of 

the disposition of such submissions. 

2. The Office shall obtain and publish 

periodically information on public 

communications considered by the 

other Parties. 

3. The Office may undertake reviews 

and publish special reports on any 

topics under its purview on its own 

initiative or upon request from the 

Secretary of Labor.

[FR Doc. 04–28084 Filed 12–22–04; 8:45 am] 

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