[Federal Register Volume 77, Number 42 (Friday, March 2, 2012)]
[Notices]
[Pages 12904-12905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5029]


=======================================================================
-----------------------------------------------------------------------

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Determination Regarding Waiver of Discriminatory Purchasing 
Requirements With Respect to Goods and Services Covered by Chapter 
Seventeen of the United States-Korea Free Trade Agreement

AGENCY: Office of the United States Trade Representative.

ACTION: Determination Regarding Waiver of Discriminatory Purchasing 
Requirements Under Trade Agreements Act of 1979.

-----------------------------------------------------------------------

DATES: Effective Date: March 15, 2012.

FOR FURTHER INFORMATION CONTACT: Jean Heilman Grier, Senior Procurement 
Negotiator, Office of the United States Trade Representative, (202) 
395-9476, or Daniel Stirk, Associate General Counsel, Office of the 
United States Trade Representative, (202) 395-9617.

SUPPLEMENTARY INFORMATION: On June 30, 2007, the United States and the 
Republic of Korea entered into the United States-Korea Free Trade 
Agreement (``KORUS''). Chapter 17 of KORUS sets forth certain 
obligations with respect to government procurement of goods and 
services, as specified in Annex 17-A of KORUS. These obligations 
include, inter alia, that in assessing whether a supplier satisfies the 
conditions for participation, a procuring entity shall not impose the 
condition that, in order for a supplier to participate in a procurement 
or be awarded a contract, the supplier has been previously awarded one 
or more contracts by a procuring entity of that Party or that the 
supplier has prior work experience in the territory of that Party.
    On October 21, 2011, the President signed into law the United 
States-Korea Free Trade Agreement Implementation Act (``the KORUS 
Act'') (Pub. L. 112-41, 125 Stat. 428 (19 U.S.C. 3805 note). In section 
101(a) of the KORUS Act, the Congress approved KORUS. The KORUS will 
enter into force on March 15, 2012.
    Section 1-201 of Executive Order 12260 of December 31, 1980 (46 FR 
1653) delegates the functions of the President under Sections 301 and 
302 of the Trade Agreements Act of 1979 (``the Trade Agreements Act'') 
(19 U.S.C. 2511, 2512) to the United States Trade Representative.
    Acting pursuant to Executive Order 12260, the United States Trade 
Representative designated the Republic of Korea for purposes of section 
301(a) of the Trade Agreements Act, on the basis of the Republic of 
Korea's status as a party to the World Trade Organization Agreement on 
Government Procurement (``the GPA''). The Republic of Korea continues 
to be designated for purposes of section 301(a) of the Trade Agreements 
Act.
    Under KORUS, the Republic of Korea will provide reciprocal 
competitive government procurement opportunities to United States 
products and suppliers of such products, which are greater than the 
reciprocal competitive government procurement opportunities the 
Republic of Korea provides to United States products and suppliers of 
such products under the GPA. The Republic of Korea's commitment to 
provide such reciprocal competitive procurement opportunities 
constitutes an independent basis for its designation for the purpose of 
section 301(1) of the Trade Agreements Act.
    Determination: In conformity with sections 301 and 302 of the Trade 
Agreements Act and Executive Order 12260, and in order to carry out 
U.S. obligations under Chapter 17 of KORUS, I hereby determine that:
    1. The Republic of Korea is a country, which, pursuant to KORUS, 
will provide appropriate reciprocal competitive government procurement 
opportunities to United States products and suppliers of such products. 
In accordance with Section 301(b)(3) of the Trade Agreements Act, the 
Republic of Korea is so designated for purposes of Section 301(a) of 
the Trade Agreements Act.
    2. With respect to eligible products of the Republic of Korea 
(i.e., goods and services covered by the Schedule of the United States 
in Annex 17-A of KORUS) and suppliers of such products, the application 
of any law, regulation, procedure, or practice regarding government 
procurement that would, if applied to such products and suppliers, 
result in treatment less favorable than accorded--
    (A) To United States products and suppliers of such products; or
    (B) To eligible products of another foreign country or 
instrumentality which is a party to the GPA and suppliers of such 
products, shall be waived.
    With respect to the Republic of Korea, this waiver shall be applied 
by all entities listed in the Schedule of the United States in Annex 
17-A of KORUS.
    3. The designation in paragraph 1 and the waiver in paragraph 2 are 
subject to

[[Page 12905]]

modification or withdrawal by the United States Trade Representative.

Ron Kirk,
United States Trade Representative.
[FR Doc. 2012-5029 Filed 3-1-12; 8:45 am]
BILLING CODE 3190-W2-P