51604 Federal Register / Vol. 77, No. 165 / Friday, August 24, 2012 / Notices 

12 17 CFR 200.30–3(a)(12). 

required audited financial statements 

following the Reverse Merger 

transaction before it is eligible to list on 

BATS. The Reverse Merger company 

also must have filed all required 

Commission reports since the 

consummation of the Reverse Merger, 

which should help assure that material 

information about the issuer have been 

filed with the Commission and that the 

issuer has a demonstrated track record 

of meeting its Commission filing and 

disclosure obligations. In addition, the 

requirement that the Reverse Merger 

company has traded for at least one year 

in the over-the-counter market or on 

another exchange could make it more 

likely that analysts have followed the 

company for a sufficient period of time 

to provide an additional check on the 

validity of the financial and other 

information made available to the 

public. 

The Commission also believes the 

proposed requirement for a Reverse 

Merger company to maintain the 

specified minimum share price for a 

sustained period, and for at least 30 of 

the most recent 60 trading days, prior to 

the date of the initial listing application 

and the date of listing, is reasonably 

designed to address concerns that the 

potential for manipulation of the 

security to meet the minimum price 

requirements is more pronounced for 

this type of issuer. By requiring that 

minimum price to be maintained for a 

meaningful period of time, the proposal 

should make it more difficult for a 

manipulative scheme to be successfully 

used to meet the Exchange’s minimum 

share price requirements. 

In addition, the Commission believes 

that the proposed exceptions to the 

enhanced listing requirements for 

Reverse Merger companies that (1) 

complete a substantial firm commitment 

underwritten public offering in 

connection with its listing, or (2) have 

filed at least four annual reports 

containing all required audited financial 

statements with the Commission 

following the filing of all required 

information about the Reverse Merger 

transaction, and satisfying the one-year 

trading requirement, reasonably 

accommodate issuers that may present a 

lower risk of fraud or other illegal 

activity. The Commission believes it is 

reasonable for the Exchange to conclude 

that, although formed through a Reverse 

Merger, an issuer that (1) undergoes the 

due diligence and vetting required in 

connection with a sizeable underwritten 

public offering, or (2) has prepared and 

filed with the Commission four years of 

all required audited financial statements 

following the Reverse Merger, presents 

less risk and warrants the same 

treatment as issuers that were not 

formed through a Reverse Merger. 

Nevertheless, the Commission expects 

the Exchange to monitor any issuers that 

qualify for these exceptions and, if fraud 

or other abuses are detected, to propose 

appropriate changes to its listing 

standards. 

For the reasons discussed above, the 

Commission believes that BATS’s 

proposal will further the purposes of 

Section 6(b)(5) of the Act by, among 

other things, helping prevent fraud and 

manipulation associated with Reverse 

Merger companies, and protecting 

investors and the public interest. 

IV. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act, that the 

proposed rule change (SR–BATS–2012– 

023) is approved. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2012–20818 Filed 8–23–12; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice 7990] 

Certification Related to the Khmer 

Rouge Tribunal 

Pursuant to the authority vested in me 

under Section 7044(c) of the Department 

of State, Foreign Operations, and 

Related Programs Appropriations Act, 

2012 (Division I, Pub. L. 112–74) 

(SFOAA) and Delegation of Authority 

245–1, I hereby certify that 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 (also known as the ‘‘Khmer 

Rouge Tribunal’’). 

This Certification shall be published 

in the Federal Register, and sent, along 

with related Memorandum of 

Justification, to the appropriate 

committees of the Congress. 

Dated: August 13, 2012. 

Thomas R. Nides, 

Deputy Secretary for Management and 

Resources. 

Section 7044(c) of the Department of 

State, Foreign Operations 

Appropriations Act, 2012 (Div. I, 

Pub. L. 112–74) 

Funding for the Extraordinary 

Chambers in the Courts of Cambodia 

Sec. 7044(c) Cambodia.—Funds made 

available in this Act for a United States 

contribution to a Khmer Rouge tribunal 

may only be made available if the 

Secretary of State certifies to the 

Committees on Appropriations that the 

United Nations and the Government of 

Cambodia are taking credible steps to 

address allegations of corruption and 

mismanagement within the tribunal. 

Memorandum of Justification for 

Certification Related to the Khmer 

Rouge Tribunal Under Section 7044(C) 

Of the Department of State, Foreign 

Operations and Related Programs 

Appropriations Act, 2012 

Section 7044(c) of the Department of 

State, Foreign Operations and Related 

Program Appropriations Act, 2012 (Div. 

I Pub. L. 112–74), provides that funds 

appropriated by that act for a United 

States contribution to the Extraordinary 

Chambers in the Courts of Cambodia 

(ECCC, also known as the Khmer Rouge 

Tribunal) may only be made available if 

the Secretary of State certifies to the 

Committees on Appropriations that the 

United Nations (UN) and Royal 

Government of Cambodia (RGC) are 

taking credible steps to address 

allegations of corruption and 

mismanagement within the ECCC. 

Deputy Secretary Nides has signed the 

certification pursuant to State 

Department Delegation of Authority 

245–1. 

Background 

The ECCC, which began operations in 

2006, was established as a national 

court with UN assistance to bring to 

justice senior leaders and those most 

responsible for the deaths of as many as 

two million Cambodians under the 

Khmer Rouge regime, which was in 

power from April 17, 1975 until January 

6, 1979. In 2010, the ECCC completed 

its first case (Case 001), convicting 

Kaing Guek Eav (aka ‘‘Duch’’), former 

chief of the Tuol Sleng torture center, of 

crimes against humanity and war 

crimes, and sentenced him to 35 years 

in prison. Duch’s trial was the first 

attempt in three decades to hold a 

Khmer Rouge official accountable for 

that era’s atrocities and was a milestone 

in the history of Cambodian justice. In 


erowe on DSK2VPTVN1PROD with 
Federal Register / Vol. 77, No. 165 / Friday, August 24, 2012 / Notices 51605 

February, 2012 the ECCC’s Supreme 

Chamber upheld that conviction, and 

extended Duch’s sentence to life in 

prison. The United States, other foreign 

governments, and non-governmental 

organizations (NGOs) monitoring the 

ECCC agree that proceedings throughout 

met international standards of justice. In 

September, 2010, the four surviving 

senior leaders of the Khmer Rouge, 

including Nuon Chea (‘‘Brother Number 

2’’), were indicted on a variety of 

charges (‘‘Case 002’’), including crimes 

against humanity, grave breaches of the 

Geneva Convention, and genocide. The 

trial commenced in November 2011. In 

response to pre-trial motions, Ms. Ieng 

Thirith, the Khmer Rouge’s Minister of 

Social Affairs, was found mentally 

incompetent to stand trial. She has not 

been released from custody, as 

treatment is underway to see if her 

condition can be sufficiently improved 

to allow her to stand trial. Investigations 

by the ECCC’s Office of the CoInvestigating Judges commenced in 

September, 2009 against three suspects 

(‘‘Case 003’’) and no final decision has 

been made regarding the legal question 

of whether the suspects and their 

alleged crimes fall within the 

jurisdiction of the ECCC. Two 

additional suspects (‘‘Case 004’’) are 

also being investigated. 

Factors Justifying Certification 

From the time the ECCC commenced 

operations in 2006, there have been 

allegations of corruption on the 

administrative side of the court, 

primarily in the form of salary kickback 

schemes affecting Cambodian staff 

members. These allegations received 

widespread attention from U.S. and 

international media, and concerns about 

corruption led many to question the 

ECCC’s ability to deliver justice. In late 

2008, at the request of the United States 

and other donors, the RGC removed the 

Cambodian head of administration, the 

person most associated with the 

corruption scheme. His replacement, 

Tony Kranh, who remains the Acting 

Director today, has been competent and 

has cooperated well with the donor 

community, the ECCC officials, and the 

UN Office of Legal Affairs. 

The ECCC, in cooperation with the 

UN, has taken additional steps to 

protect the integrity of its proceedings 

against corruption. In August 2009 the 

UN and RGC reached an agreement to 

establish an Independent Counselor, 

which is semi-autonomous from the 

Tribunal’s administration, the UN, the 

RGC and donor states, to hear and 

address corruption allegations at ECCC. 

The guidelines established confirm the 

Independent Counselor’s obligations to 

protect the confidentiality of 

complainants, ensure that there are no 

reprisals for whistle-blowing, and 

provide a report of his activities to both 

the UN and RGC. Addressing the ECCC 

in October 2010, the Secretary General 

commended the work of the 

Independent Counselor and the effect 

that office has on the public perception 

of the ECCC—that the Tribunal’s 

administration will not tolerate any 

form of corruption. 

These steps have led to increased 

confidence in the ECCC. The Human 

Rights Center of the University of 

California Berkeley conducted a survey 

in December 2010 across 125 

Cambodian communes nationwide. The 

Center’s final report, released on June 9, 

2011, reveals that an increasing number 

of Cambodians have confidence in the 

court. A recent poll by the International 

Republican Institute found that 77 

percent of Cambodians were aware of 

the proceedings at the ECCC. 

Donor States, NGOs, and other 

monitors of the ECCC have expressed 

increased confidence in the proceedings 

as well. The Secretary General stated in 

the fall of 2010 that ‘‘Beyond all doubt, 

the court has shown that it is capable of 

prosecuting complex international 

crimes in accordance with international 

standards.’’ In a resolution adopted at 

its 18th session (September 2011), the 

Human Rights Council reaffirmed the 

importance of the ECCC as an 

independent and impartial body, and 

welcomed the assistance of member 

states and the efforts of the Cambodian 

government to work with the UN to 

ensure the highest standards of 

administration are met. 

In July 2010, the UN established the 

office of the Special Expert to the 

Secretary-General of the ECCC to 

provide advice and assistance to 

successfully managing this high-profile 

war crimes tribunal. In furtherance of 

this mandate, the Special Expert is 

tasked with monitoring, reporting, and 

addressing any and all administrative 

issues related to the ECCC’s functioning. 

The position was held from July 2010 to 

October 2011 by J. Clint Williamson, 

U.S. Ambassador-at-Large for War 

Crimes Issues from 2006–2009. 

Williamson was succeeded in January 

2012 by David Scheffer, himself also a 

former Ambassador-at-Large for War 

Crimes Issues (1997–2001). 

The ECCC provides a monthly report 

to the UN Controller and the UN 

Department of Economic and Social 

Affairs, which closely monitors the 

Tribunal’s activities, including its 

expenditures. In addition, all hiring on 

the international side of the ECCC is 

vetted by the UN Department of 

Economic and Social Affairs. The UN 

Office of Legal Affairs actively engages 

on judicial management issues. For 

example, the ECCC accepted the UN’s 

recommendation that the Pre-Trial 

Chamber sit on a full-time basis in order 

to improve the ECCC’s efficiency and to 

expedite its decision-making. 

Since the appointment of the new 

ECCC administration, the creation of the 

Independent Counselor position, and 

the establishment of the UN’s Special 

Expert Office, the United States has not 

learned of any credible allegations of 

corruption or mismanagement within 

the ECCC. Developments in Cases 003 

and 004, while not related to corruption 

or mismanagement, do warrant 

examination. 

In late April 2011, the ECCC’s Office 

of Co-Investigating Judges (OCIJ)—at the 

time led by Cambodian national You 

Bunleng and German national Siegfried 

Blunk—ended its investigation into 

Case 003 and forwarded the evidence to 

the Office of the Co-Prosecutors. The 

international co-prosecutor, Andrew 

Cayley, dissatisfied with the amount 

and depth of evidence, requested the 

OCIJ to conduct further investigations 

and publicly released his request for 

additional investigation. This action led 

to a response from the OCIJ that 

appeared to threaten Cayley with 

contempt for publicizing confidential 

matters. While the OCIJ subsequently 

made it clear that it did not seek to 

sanction Cayley, it also disagreed with 

Mr. Cayley’s legal position and 

defended the adequacy of its factual 

investigations. While no closing order 

recommending dismissal was ever filed, 

ECCC’s observers assess that the OCIJ 

supported dismissing the suspects from 

further investigation. Mr. Blunk came 

under intense criticism from outside 

observers and by some of his own office 

for his handling of Case 003, and a 

prominent international NGO alleged 

mismanagement and possibly 

misconduct. However, neither the NGO, 

nor missions by the UN’s Office of 

Human Resource Management nor any 

other source has produced evidence that 

substantiates this allegation. 

Nevertheless, under increasing pressure, 

Mr. Blunk announced his resignation 

October 10, 2011, claiming that he was 

unable to carry out his duties due to 

political interference by the RGC. 

It was expected that Mr. Blunk would 

be succeeded by Mr. Laurent KasperAnsermet of Switzerland, whom the UN 

had previously nominated and 

confirmed as the reserve coinvestigative judge. It was the UN’s legal 

view that Kasper-Ansermet’s accession 

was to have been automatic. However, 

citing statements Mr. Kasper-Ansermet 


erowe on DSK2VPTVN1PROD with 
51606 Federal Register / Vol. 77, No. 165 / Friday, August 24, 2012 / Notices 

has published on Twitter prior to his 

nomination, the RGC refused to confirm 

him. After attempting to exercise his 

duties as reserve co-investigating judge 

for six months, Mr. Kasper-Ansermet 

tendered his resignation on March 19, 

2012 citing his inability to gain the 

cooperation of the Cambodian national 

co-investigating judge, Mr. You 

Bunleng. Mr. Kasper-Ansermet’s 

resignation was effective May 4, 2012. 

To replace Kasper-Ansermet, the UN 

nominated U.S. citizen Mark Harmon, a 

retired career U.S. Department of Justice 

prosecutor, who also served more than 

a decade as a Senior Trial Attorney in 

the Office of the Prosecutor of the 

International Criminal Tribunal for the 

former Yugoslavia (ICTY). Unlike 

Kasper-Ansermet, the Cambodian 

Supreme Council of the Magistracy 

(SCM) confirmed Harmon in the 

position. 

The ECCC’s jurisdiction over suspects 

in the Cases 003/004 has yet to be 

resolved; and therefore the coinvestigating judges have not made a 

final determination on whether these 

individuals should be indicted. Should 

the national and international coinvestigating judges disagree, there is a 

formal process under the governing 

documents of the ECCC for resolving 

this disagreement in the Pre-Trial 

Chamber. 

Before his departure, KasperAnsermet complained publicly that his 

investigation of Cases 003/004 has been 

obstructed by the non-cooperation of 

Cambodian-appointed judges and 

officials. Judge Bunleng publicly 

responded that the difficulties had 

arisen because Kasper-Ansermet had not 

been confirmed in his appointment due 

to the latter’s public comments on 

confidential judicial matters. As Mark 

Harmon’s nomination has been 

confirmed by the SCM, we anticipate 

that he will receive appropriate 

cooperation from national and 

international judges and officials. There 

may be disagreements about whether 

the suspects in Cases 003/004 should be 

subject to indictment and trial, but we 

expect these matters to be resolved by 

the co-investigative judges and the PreTrial Chamber in accordance with 

applicable law and procedure. 

Certification and United States Policy 

Objectives 

Certification recognizes the efforts of 

the UN and RGC to address allegations 

of corruption and mismanagement 

within the ECCC. It is not an indication, 

however, that work is complete. Both 

parties must continue to exercise 

oversight of the ECCC’s operations, and 

the donor community and NGOs must 

continue their vigilant engagement with 

the United Nations and the Royal 

Cambodian government to ensure that 

the ECCC remains judicially 

independent, corruption-free, and wellmanaged. 

[FR Doc. 2012–20899 Filed 8–23–12; 8:45 am] 

BILLING CODE 4710–30–P 

DEPARTMENT OF STATE 

[Public Notice 7993] 

Culturally Significant Objects Imported 

for Exhibition Determinations: 

‘‘Extravagant Inventions: The Princely 

Furniture of the Roentgens,’’ Formerly 

Titled ‘‘Seductive Luxury and 

Innovation: The Furniture of Abraham 

and David Roentgen’’ 

ACTION: Notice, correction. 

SUMMARY: On August 29, 2011, notice 

was published on page 53705 of the 

Federal Register (volume 76, number 

167) of determinations made by the 

Department of State pertaining to the 

exhibition ‘‘Seductive Luxury and 

Innovation: The Furniture of Abraham 

and David Roentgen.’’ The referenced 

notice is corrected here to change the 

exhibition name to ‘‘Extravagant 

Inventions: The Princely Furniture of 

the Roentgens’’ and to include 

additional objects as part of the 

exhibition. 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. 236–3 of August 28, 2000 (and, as 

appropriate, Delegation of Authority No. 

257 of April 15, 2003), I hereby 

determine that the additional objects to 

be included in the exhibition 

‘‘Extravagant Inventions: The Princely 

Furniture of the Roentgens,’’ imported 

from abroad for temporary exhibition 

within the United States, are of cultural 

significance. The additional objects are 

imported pursuant to loan agreements 

with the foreign owners or custodians. 

I also determine that the exhibition or 

display of the additional exhibit objects 

at The Metropolitan Museum of Art, 

New York, NY, from on or about 

October 29, 2012, until on or about 

January 27, 2013, and at possible 

additional exhibitions or venues yet to 

be determined, is in the national 

interest. At the conclusion of the 

exhibition at The Metropolitan Museum 

of Art, three of the works will continue 

to be displayed at The Metropolitan 

Museum of Art until on or about 

January 31, 2014. 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 additional exhibit objects, contact 

Julie Simpson, Attorney-Adviser, Office 

of the Legal Adviser, U.S. Department of 

State (telephone: 202–632–6467). The 

mailing address is U.S. Department of 

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

5H03), Washington, DC 20522–0505. 

Dated: August 17, 2012. 

J. Adam Ereli, 

Principal Deputy Assistant Secretary, Bureau 

of Educational and Cultural Affairs, 

Department of State. 

[FR Doc. 2012–20894 Filed 8–23–12; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF STATE 

[Public Notice 7992] 

Notice of Request for Expressions of 

Interest by Environmental Experts in 

Assisting the CAFTA–DR Secretariat 

for Environmental Matters With the 

Preparation of Factual Records 

AGENCY: Department of State. 

ACTION: Request for environmental 

experts to assist the Dominican 

Republic-Central America-United States 

Free Trade Agreement (CAFTA–DR) 

Secretariat for Environmental Matters 

(Secretariat) with the preparation of 

factual records. 

SUMMARY: The Department of State and 

the Office of the United States Trade 

Representative are compiling 

recommendations for candidates to be 

included on a roster of environmental 

experts from which the CAFTA–DR 

Secretariat can select individuals to 

assist in the preparation of factual 

records. The Department of State and 

the Office of the United States Trade 

Representative invite environmental 

experts, including representatives from 

non-governmental organizations, 

educational institutions, private sector 

enterprises, and other interested 

persons, to submit their expression of 

interest in being included on a roster of 

experts. We encourage submitters to 

review the following prior to offering a 

recommendation: (1) Chapter 17: 

Environment of the CAFTA–DR, in 

particular Articles 17.7 and 17.8; (2) 

paragraph 2(d) of the Understanding 

Regarding the Establishment of a 

Secretariat for Environmental Matters 

Under CAFTA–DR; (3) paragraphs 3 and 

4 of Article 5 of the Agreement 


erowe on DSK2VPTVN1PROD with