Federal Register / Vol. 75, No. 64 / Monday, April 5, 2010 / Notices 17197 

8 17 CFR 200.30–3(a)(12). 

proposed rule change (File No. SR– 

DTC–2010–03) be and hereby is 

approved. 

For the Commission by the Division of 

Trading and Markets, pursuant to delegated 

authority.8

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–7553 Filed 4–2–10; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice 6940] 

Culturally Significant Objects Imported 

for Exhibition Determinations: 

‘‘Cyprus: Crossroads of Civilizations’’ 

SUMMARY: Notice is hereby given of the 

following determinations: Pursuant to 

the authority vested in me by the Act of 

October 19, 1965 (79 Stat. 985; 22 U.S.C. 

2459), Executive Order 12047 of March 

27, 1978, the Foreign Affairs Reform and 

Restructuring Act of 1998 (112 Stat. 

2681, et seq.; 22 U.S.C. 6501 note, et 

seq.), Delegation of Authority No. 234 of 

October 1, 1999, Delegation of Authority 

No. 236 of October 19, 1999, as 

amended, and Delegation of Authority 

No. 257 of April 15, 2003 [68 FR 19875], 

I hereby determine that the objects to be 

included in the exhibition ‘‘Cyprus: 

Crossroads of Civilizations,’’ imported 

from abroad for temporary exhibition 

within the United States, are of cultural 

significance. The objects are imported 

pursuant to a loan agreement with the 

foreign owner or custodian. I also 

determine that the exhibition or display 

of the exhibit objects at the Smithsonian 

Institution, National Museum of Natural 

History, Washington, DC, from on or 

about September 1, 2010, until on or 

about April 15, 2011, and at possible 

additional exhibitions or venues yet to 

be determined, is in the national 

interest. I have ordered that Public 

Notice of these Determinations be 

published in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: For 

further information, including a list of 

the exhibit objects, contact Paul W. 

Manning, Attorney-Adviser, Office of 

the Legal Adviser, U.S. Department of 

State (telephone: 202–632–6469). The 

mailing address is U.S. Department of 

State, SA–5, L/PD, Fifth Floor (Suite 

5H03), Washington, DC 20522–0505. 

Dated: March 26, 2010. 

Maura M. Pally, 

Deputy Assistant Secretary for Professional 

and Cultural Exchanges, Bureau of 

Educational and Cultural Affairs, Department 

of State. 

[FR Doc. 2010–7632 Filed 4–2–10; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF STATE 

[Public Notice 6941] 

Certification Related to the Khmer 

Rouge Tribunal Under Section 7071(c) 

of the Department of State, Foreign 

Operations and Related Programs 

Appropriations Act, 2010 (Division F, 

Pub. L. 111–117) 

Pursuant to the authority vested in the 

Secretary of State, including under 

Section 7071(c) of the Department of 

State, Foreign Operations, and Related 

Programs Appropriations Act (SOFAA), 

2010, and Delegation of Authority 245– 

1, I hereby certify that the United 

Nations and Government of Cambodia 

are taking credible steps to address 

allegations of corruption and 

mismanagement within the Khmer 

Rouge Tribunal. 

This Certification and related 

Memorandum of Justification shall be 

provided to the appropriate committees 

of the Congress and published in the 

Federal Register. 

Dated: March 23, 2010. 

Jacob J. Lew, 

Deputy Secretary of State. 

Memorandum of Justification Under 

Section 7071(c) of the Department of 

State, Foreign Operations and Related 

Programs Appropriations Act, 2010 

Section 7071(c) of the Department of 

State, Foreign Operations and Related 

Program Appropriations Act, 2010 (Div. 

F Pub. L. 111–117) provides that funds 

appropriated in the Act for a United 

States contribution may only be made 

available if the Secretary of State 

certifies to the Committees on 

Appropriations that the United Nations 

and Government of Cambodia are taking 

credible steps to address allegations of 

corruption and mismanagement within 

the Extraordinary Chambers in the 

Courts of Cambodia (ECCC), also 

commonly known as the ‘‘Khmer Rouge 

Tribunal’’ (KRT). Deputy Secretary Lew 

has signed the certification pursuant to 

State Department Delegation of 

Authority 245–1. 

Factors Justifying Determination and 

Certification 

In late 2008 the former Director in the 

ECCC Office of Administration, the 

person in charge when allegations of 

administrative corruption at the court 

first surfaced, was put on indefinite 

medical leave, effectively removing him 

from the court. His replacement, the 

current Acting Director, is considered to 

have shown himself a competent 

Administrator who has cooperated well 

with the donor community, other court 

officials, and the United Nations Office 

of Legal Affairs. The Deputy 

Administrator, selected by the UN and 

a person with many years of 

administrative experience, has a 

constructive working relationship with 

the Acting Director and plays an active 

and positive role with the UN and the 

donor community. Since before the 

departure of the ECCC Director of 

Administration, there have been no 

reports alleging new instances of 

corruption at the Khmer Rouge 

Tribunal. In the view of the State 

Department, other countries in the 

donor community, prominent court 

officials, and non-governmental 

organizations (NGOs), the court appears 

corruption-free at this time. 

These administrative corruption 

allegations did not compromise the 

fundamental integrity of the court. In 

November of 2009 the court successfully 

concluded Case 001—the trial against 

the former chief of the Tuol Sleng 

torture center, Kaing Guek Eav (‘‘Duch’’). 

His trial was the first meaningful 

attempt to hold a Khmer Rouge official 

accountable for war crimes committed 

under the Khmer Rouge regime. The 

United States, foreign governments, and 

NGOs monitoring the court agree that 

proceedings met international standards 

of justice. 

Most recently, the investigative phase 

of Case 002, against four surviving 

senior leaders of the Khmer Rouge 

regime, was closed. Motions and 

appeals are now being heard in 

accordance with the rules of the court, 

and an indictment is expected in the fall 

of 2010. 

In August 2009 the United Nations 

Office of Legal Affairs and the 

Government of Cambodia reached 

agreement to establish an Independent 

Counsellor to serve as a deterrent 

against corruption and address potential 

future incidents of corruption or other 

forms of misconduct at the court. By 

mutual agreement Uth Chhorn, the 

Cambodian Auditor General, was 

selected to serve this role. To date the 

Independent Counsellor has established 

his own office, with a direct phone line 

and e-mail for receiving complaints 

confidentially. Last November he 

released a ‘‘Meet the Independent 

Counsellor’’ document to all court staff 

explaining his role, how he can be 


jlentini on DSKJ8SOYB1PROD with NOTICES
17198 Federal Register / Vol. 75, No. 64 / Monday, April 5, 2010 / Notices 

reached, and when he should be 

contacted. The circular outlined his 

roles and responsibilities, which 

include provision of an annual report to 

the UN Office of Legal Affairs and the 

Cambodian Government. Recently these 

two parties have also finalized more 

detailed operational guidelines, and the 

Independent Counsellor met with 

administrators, court staff, and the 

diplomatic community to further 

explain his role and highlight his 

commitment to protecting the identities 

of complainants and ensuring that there 

would be no reprisals against whistleblowers. The United States, in 

coordination with other donor nations, 

is conducting ongoing diplomatic efforts 

with both the United Nations Office of 

Legal Affairs and Government of 

Cambodia to assist in making the 

Independent Counsellor fully 

operational. 

The United Nations Office of Legal 

Affairs and Government of Cambodia 

have also recently reached agreement on 

a new international co-prosecutor— 

Andrew Cayley of the United Kingdom. 

He has been well received by the donor 

community and NGOs, and has over a 

decade of experience in international 

justice, having worked at the 

International Criminal Tribunal for the 

former Yugoslavia, International 

Criminal Court, and Special Court for 

Sierra Leone. The selection of Andrew 

Cayley is another indicator of ongoing 

cooperation between the two parties and 

their willingness to work constructively 

together to advance the court. 

As a result of its first contribution of 

$1.8 million in 2009, the United States 

is playing a leadership role with respect 

to oversight of the court by currently 

serving as the chair of the KRT Steering 

Committee, a position which rotates on 

a quarterly basis. The United States also 

plays a leading role in the donors group 

in Phnom Penh, Cambodia. An 

additional contribution will indicate an 

ongoing commitment to the work of the 

court, and improve our position in 

discussions at the Steering Committee 

and with other current and potential 

donors. 

Last month, the KRT’s budget was 

approved. The budget reflected good 

management practices, including 

meaningful and realistic projections of 

the timelines for completion of the 

court’s caseload. The State Department 

had an opportunity to review and 

approve the budget during its 

consideration by the Steering 

Committee and was satisfied that it was 

administratively and financially sound. 

The KRT provides a monthly report to 

the UN Controller and the UN 

Department of Economic and Social 

Affairs, which closely monitors the 

activities of the court including its 

expenditures. In addition, all hiring on 

the international side of the court is 

vetted by the UN Department of 

Economic and Social Affairs. The UN 

Office of Legal Affairs actively engages 

on judicial management issues, such as 

shifting the pre-trial Chamber to sit on 

a full-time basis in order to improve the 

efficiency of the court and to expedite 

its decision-making. 

Certification and United States Policy 

Objectives 

Certification recognizes the efforts of 

the United Nations and the Government 

of Cambodia to address allegations of 

corruption and mismanagement within 

the tribunal. It is not an indication, 

however, that no further work needs to 

be done. Both parties must continue to 

exercise oversight of court operations, 

and the donor community and NGOs 

must continue their vigilant engagement 

with the United Nations and Cambodian 

government to ensure that the Khmer 

Rouge Tribunal remains corruption-free 

and well-managed. 

[FR Doc. 2010–7631 Filed 4–2–10; 8:45 am] 

BILLING CODE 4710–30–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

Trade Policy Staff Committee: Public 

Comments Regarding Granting 

Suriname Eligibility for Benefits Under 

the Caribbean Basin Economic 

Recovery Act and the Caribbean Basin 

Trade Partnership Act 

AGENCY: Office of the United States 

Trade Representative. 

ACTION: Notice and request for public 

comment. 

SUMMARY: The Trade Policy Staff 

Committee (TPSC) is seeking comments 

from the public on whether Suriname 

should be designated as eligible to 

receive benefits under the Caribbean 

Basin Economic Recovery Act (CBERA), 

as amended by the Caribbean Basin 

Trade Partnership Act (CBTPA) (19 

U.S.C. 2701 et seq.). Although Congress 

has identified Suriname as potentially 

eligible for benefits, the government of 

Suriname did not request beneficiary 

status under either the CBERA or the 

CBTPA until December 2009. The TPSC 

invites written comments concerning 

whether Suriname meets the criteria 

described in sections 212(b), 212(c), and 

213(b)(5)(B) of the CBERA, as amended. 

The TPSC will consider these comments 

in developing its recommendation to the 

President regarding Suriname’s 

eligibility for benefits under CBERA and 

CBTPA. 

DATES: Public comments are due at 

USTR no later than 5 p.m., May 17, 

2010. 

ADDRESSES: Comments should be 

submitted electronically via the Internet 

at http://www.regulations.gov. For 

alternatives to on-line submissions 

please contact Gloria Blue, Executive 

Secretary, Trade Policy Staff Committee, 

at (202) 395–3475. 

FOR FURTHER INFORMATION CONTACT: For 

procedural questions concerning written 

comments, contact Gloria Blue, 

Executive Secretary, Trade Policy Staff 

Committee, at (202) 395–3475. All other 

questions should be directed to Kent 

Shigetomi, Office of the Americas, 

Office of the United States Trade 

Representative, 600 17th Street, NW., 

Room 523, Washington, DC 20508. His 

telephone number is (202) 395–3412. 

SUPPLEMENTARY INFORMATION: Interested 

parties are invited to submit comments 

on whether Suriname meets or fails to 

satisfy the eligibility criteria described 

in sections 212(b), 212(c), and 

213(b)(5)(B) of the CBERA, as amended. 

Those criteria may be accessed at 

http://www.tinyurl.com/yelwmc5, and 

are summarized below. 

Eligibility Criteria for Designation as a 

Beneficiary Country Under CBERA and 

CBTPA (Sections 212(b) and (c) of 

CBERA) 

After a country identified in the 

statute as a potential beneficiary country 

requests benefits under CBERA and 

CBTPA, the President must determine 

whether to designate the country as a 

beneficiary under the two programs. In 

determining whether to designate a 

country as a CBERA beneficiary 

country, the President must take into 

account the criteria contained in section 

212(b) of the CBERA, which include 

whether the country: (1) Is a Communist 

country; (2) has nationalized, 

expropriated or otherwise seized 

ownership or control of property owned 

by a United States citizen or by a 

corporation, partnership, or association 

which is 50 percent or more beneficially 

owned by United States citizens, or 

taken certain steps that have such an 

effect, without proper compensation or 

arbitration of the dispute; (3) fails to act 

in good faith in enforcing arbitral 

awards in favor of United States citizens 

or a corporation, partnership or 

association which is 50 percent or more 

beneficially owned by United States 

citizens; (4) affords preferential 

treatment to the products of a developed 

country, other than the United States, 

which has, or is likely to have, a 


jlentini on DSKJ8SOYB1PROD with NOTICES