[Federal Register Volume 72, Number 179 (Monday, September 17, 2007)]
[Notices]
[Pages 52942-52944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-4597]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Notice of Opportunity To Apply for Nominations to the World Trade 
Organization Dispute Settlement Indicative List of Potential Panelists

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 potential panelists 
provided for in Article 8.4 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 Office of the United States Trade Representative is 
seeking to update the current list of U.S. non-governmental individuals 
on the indicative list of potential panelists maintained by the WTO 
Secretariat, as provided for in Article 8.4 of the DSU. The DSU 
provides a mechanism for the settlement of disputes between the 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''). The indicative list assists in selecting 
panelists for dispute settlement proceedings; panelists often are drawn 
from the indicative list, although there is no requirement to do so. 
Article 8.4 of the DSU also provides for periodically updating the 
indicative list. Section 123(b) of the Uruguay Round Agreement Act 
(``URAA''), Public Law 103-405, provides that the Trade Representative 
shall seek to ensure that persons appointed to the WTO indicative list 
are well-qualified and that the indicative list includes persons with 
expertise in all of the subject matters covered by the Uruguay Round 
Agreements. USTR invites

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citizens of the United States with appropriate qualifications, 
discussed below, to apply for consideration as a nominee to the 
indicative list.

DATES: Eligible citizens are encouraged to apply by October 19, 2007 to 
be considered for nomination to the list in 2007.

FOR FURTHER INFORMATION CONTACT: For information contact Sandy McKinzy, 
Litigation Assistant, USTR Office of Monitoring and Enforcement, (202) 
395-3582. Further information on the indicative list is available on 
the WTO Web site at http://www.wto.org in a document designated WT/DSB/
33.

SUPPLEMENTARY INFORMATION: Pursuant to Article 8.4 of the DSU, the WTO 
Secretariat maintains 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, served as a senior trade policy official of a WTO 
member country, or served in the WTO Secretariat. The indicative list 
is used to assist in the selection of panelists for dispute settlement 
proceedings. Panel members are to be selected with a view to ensuring a 
sufficiently diverse background and a wide spectrum of experience.
    The current list dates principally from 2003 (with the addition of 
some persons nominated later and approved by the DSB). In addition to 
being available on the WTO Web site, the list is also reproduced in the 
USTR Annual Report, available on the USTR Web site at http://www.ustr.gov/Document_Library/Reports_Publications/2007/2007_Trade_Policy_Agenda.
    The indicative list includes a special roster of those with 
expertise in particular service sectors, pursuant to the Decision on 
Certain Dispute Settlement Procedures for the GATS (S/L/2 of 4 April 
1995). 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.
    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 list subject to DSB approval. 
Inclusion of a name on the list, 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 who 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 agree otherwise. Since the United States is a party or third 
party to almost every dispute, very few U.S. citizens have served as 
panelists.

Functions of Panels

    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.wto.org in a document 
designated WT/DSB/RC/1) relating to conflicts of interest and conduct 
as a panelist.

Procedures for Application

    Non-governmental U.S. citizens (i.e., individuals not currently 
employed fulltime by the U.S. Federal government or a state or local 
government) meeting the qualifications of Article 8 of the DSU and 
possessing expertise in international trade in goods, services, 
intellectual property rights or other matters covered by the WTO 
agreements are invited to file an application for nomination to the WTO 
list. Applications must be submitted (i) Electronically, to 
<a href="/cdn-cgi/l/email-protection#4a0c187a7d7b730a3f393e38642f253a642d253c"><span class="__cf_email__" data-cfemail="84c2d6b4b3b5bdc4f1f7f0f6aae1ebf4aae3ebf2">[email protected]</span></a>, with ``Indicative List Application'' in the 
subject line, or (ii) by fax, to Sandy McKinzy at (202) 395-3640, with 
a confirmation copy sent electronically to the electronic mail address 
above, in accordance with the requirements for submission set out 
below.
    Applicants are to provide the following information to the extent 
applicable, and should bear in mind the information on the ``Summary 
Curriculum Vitae for Persons Proposed for the Indicative List'' at the 
end of the document designated WTO/DSB/33:
    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;

[[Page 52944]]

    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;
    12. Names, addresses, telephone and, if available, email addresses 
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 in light of Article 8.1 of 
the DSU, including information relevant to the applicant's familiarity 
with international trade, services or other issues covered by the WTO 
agreements, and availability for service.
    USTR encourages the submission of documents in Adobe PDF format as 
attachments to an electronic mail. Interested persons who make 
submissions by electronic mail should not provide separate cover 
letters; information that might appear in a cover letter should be 
included in the submission itself. Similarly, to the extent possible, 
any attachments to the submission should be included in the same file 
as the submission itself, and not as separate files.
    Information provided by applicants will be used by USTR for the 
purpose of selecting candidates for nomination to the WTO list. Further 
information concerning potential conflicts may be requested from 
individuals and the possibility of significant conflicts will be taken 
into consideration in evaluating applicants.
    U.S. citizens who are current members of the WTO list and are 
interested in continuing to serve on the list need not reapply in 
response to this notice. 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 list. 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 0350-0014. 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). Provision of the information 
requested above is voluntary; however, failure to provide the 
information will preclude consideration of the applicant as a candidate 
for the WTO list. The information may be disclosed to government 
officials, including members of the TPSC Subcommittee on Monitoring and 
Enforcement, for the purpose of evaluation of applications. Information 
on nominees will be furnished to the WTO pursuant to requirements under 
the DSU.

Daniel E. Brinza,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 07-4597 Filed 9-14-07; 8:45 am]
BILLING CODE 3190-W7-M


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