[Federal Register Volume 74, Number 69 (Monday, April 13, 2009)]
[Notices]
[Pages 16908-16910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8321]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Free Trade Agreements; Invitation for Applications for Inclusion 
on the Dominican Republic-Central America-United States Free Trade 
Agreement Dispute Settlement Rosters

AGENCY: Office of the United States Trade Representative (``USTR'').

ACTION: Invitation for applications.

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SUMMARY: The Dominican Republic-Central America-United States Free 
Trade Agreement (``CAFTA-DR'' or ``Agreement'') requires the 
establishment of four rosters of individuals that would be available to 
serve as panelists in dispute settlement proceedings arising under the 
Agreement. A general roster is required to be established under Chapter 
Twenty (Dispute Settlement). Chapter Twelve (Financial Services), 
Chapter Sixteen (Labor), and Chapter Seventeen (Environment) require 
the establishment of separate rosters for disputes arising under those 
chapters.

[[Page 16909]]


DATES: Applications should be received no later than May 13, 2009.

ADDRESSES: Applications should be submitted electronically to http://www.regulations.gov, docket number USTR-2008-0040. If you are unable to 
provide submissions by http://www.regulations.gov, please contact Sandy 
McKinzy at (202) 395-9483 to arrange for an alternative method of 
transmission.

FOR FURTHER INFORMATION CONTACT: For information regarding the form of 
the application, contact Sandy McKinzy, Legal Technician, USTR Office 
of Monitoring and Enforcement, at (202) 395-3582. For other inquiries, 
contact Priti Seksaria Agrawal, Associate General Counsel, at (202) 
395-3150.

SUPPLEMENTARY INFORMATION:

Dispute Settlement Under the Dominican Republic-Central America-United 
States Free Trade Agreement

    The CAFTA-DR is a plurilateral agreement in force between the 
United States, Costa Rica, the Dominican Republic, El Salvador, 
Guatemala, Honduras, and Nicaragua (``CAFTA-DR Parties''). The CAFTA-DR 
sets out detailed procedures for the resolution of disputes arising 
under the Agreement. Dispute settlement involves three stages: (1) 
Lower level consultations between the disputing CAFTA-DR Parties to try 
to arrive at a mutually satisfactory resolution of the matter; (2) 
cabinet-level consultations between the disputing CAFTA-DR Parties; 
and, (3) resort to a neutral panel to make a determination regarding 
the matter at issue between the disputing CAFTA-DR Parties. The panel 
is composed of three individuals chosen by the disputing CAFTA-DR 
Parties.
    The CAFTA-DR requires the establishment of a general dispute 
settlement roster from which panelists shall normally be selected. The 
roster is to be composed of up to 70 individuals, up to 14 of whom are 
to be individuals who are not a national of any CAFTA-DR Party. Once 
established, the roster remains in effect for a minimum of three years. 
See CAFTA-DR Article 20.7. The CAFTA-DR also requires the establishment 
of three additional rosters, one each for disputes arising under 
Chapter Twelve (Financial Services), Chapter Sixteen (Labor), and 
Chapter Seventeen (Environment). Each of these three rosters shall 
remain in effect for a minimum of three years and is to be composed of 
up to 28 individuals, up to seven of whom are to be individuals who are 
not a national of any CAFTA-DR Party. See CAFTA-DR Articles 12.18, 
16.7, and 17.11.
    Upon each request for establishment of a panel, potential panelists 
may be requested to complete a disclosure form, which could be used to 
identify possible conflicts of interest or appearances thereof. The 
disclosure form may request information regarding financial interests 
and affiliations, including information regarding the identity of 
clients of the potential panelist and, if applicable, clients of the 
potential panelist's firm.
    The text of the CAFTA-DR can be found through the Office of the 
U.S. Trade Representative Web site (http://www.ustr.gov).

Criteria for Eligibility for Inclusion on a CAFTA-DR Roster

    To qualify for inclusion on the general roster an applicant must: 
(1) Have expertise or experience in law, international trade, other 
matters covered by the Agreement, or the resolution of disputes arising 
under international trade agreements; (2) be objective, reliable, and 
possess sound judgment; (3) be independent of, and not be affiliated 
with or take instructions from any CAFTA-DR Party; and (4) comply with 
a code of conduct.
    To qualify for inclusion on the financial services roster an 
applicant must have expertise or experience in financial services law 
or practice, which may include the regulation of financial 
institutions, and meet the qualifications set out in (2) through (4) 
above.
    To qualify for inclusion on the labor roster an applicant must have 
expertise or experience in labor law or its enforcement, international 
trade, or the resolution of disputes arising under international 
agreements, and meet the qualifications set out in (2) through (4) 
above.
    To qualify for inclusion on the environment roster an applicant 
must have expertise or experience in environmental law or its 
enforcement, international trade, or the resolution of disputes arising 
under international trade or environmental agreements, and meet the 
qualifications set out in (2) through (4) above.
    The United States seeks applications for inclusion on the rosters 
from qualified persons, including persons who are not a national of the 
United States or another CAFTA-DR Party.

Procedures for Selection of Roster Members

    An interagency committee chaired by USTR prepares a preliminary 
list of candidates eligible for inclusion on the various rosters. After 
consultation with the Committee on Ways and Means of the House of 
Representatives and the Committee on Finance of the Senate, USTR 
selects the final list of individuals that the United States will 
nominate for inclusion on the rosters. Roster members are appointed by 
consensus of the CAFTA-DR Parties for terms of three years, and may be 
reappointed.

Applications

    Eligible individuals who wish to be considered for inclusion on one 
or more of the CAFTA-DR rosters are invited to submit applications. 
Persons submitting applications should submit one copy electronically 
to http://www.regulations.gov, docket number USTR-2008-0040. If you are 
unable to provide submissions by http://www.regulations.gov, please 
contact Sandy McKinzy at (202) 395-9483 to arrange for an alternative 
method of transmission.
    Applications must be typewritten, and should be headed 
``Application for Inclusion on a CAFTA-DR Roster.'' Applicants must 
specify for which of the four rosters they wish to be considered: 
General, Financial Services, Labor, or Environment. Applicants may 
specify more than one roster. Applications should include the following 
information, and each section of the application should be numbered as 
indicated:
    1. Name of the applicant.
    2. Business address, telephone number, fax number, and e-mail 
address.
    3. Citizenship(s).
    4. Current employment, including title, description of 
responsibility, and name and address of employer.
    5. Relevant education and professional training.
    6. Spanish language fluency, written and spoken.
    7. Post-education employment history, including the dates and 
addresses of each prior position and a summary of responsibilities.
    8. Relevant professional affiliations and certifications, 
including, if any, current bar memberships in good standing.
    9. A list and copies of publications, testimony, and speeches, if 
any, concerning the relevant area of expertise. Judges or former judges 
should list relevant judicial decisions. Only one copy of publications, 
testimony, speeches, and decisions need be submitted.
    10. A list of international trade proceedings or domestic 
proceedings relating to international trade matters or other relevant 
matters in which the applicant has provided advice to a party or 
otherwise participated.

[[Page 16910]]

    11. Summary of any current and past employment by, or consulting or 
other work for, the Governments of Costa Rica, the Dominican Republic, 
El Salvador, Guatemala, Honduras, Nicaragua, or the United States.
    12. 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.
    13. A short statement of qualifications and availability for 
service on CAFTA-DR dispute settlement panels, including information 
relevant to the applicant's familiarity with international trade law 
and relevant area(s) for the roster(s) for which the applicant seeks to 
be considered, and willingness and ability to make time commitments 
necessary for service on panels.
    14. On a separate page, the names, addresses, telephone and fax 
numbers of three individuals willing to provide information concerning 
the applicant's qualifications for service, including the applicant's 
character, reputation, reliability, judgment, and familiarity with the 
relevant area of expertise.

Public Disclosure

    Applications normally will not be subject to public disclosure and 
will not be posted publicly on www.regulations.gov. Applications may be 
shared with other agencies, the Committee on Ways and Means of the 
House of Representatives, the Committee on Finance of the Senate, and 
the Governments of the other CAFTA-DR Parties for their consideration 
in determining whether to appoint persons to the rosters.

False Statements

    False statements by an applicant regarding his or her personal or 
professional qualifications, or financial or other relevant interests 
that bear on the applicant's suitability for placement on a roster or 
appointment to a panel are subject to criminal sanctions under 18 
U.S.C. 1001.

Paperwork Reduction Act

    This notice contains a collection of information provision subject 
to the Paperwork Reduction Act (``PRA'') that has been approved by the 
Office of Management and Budget (``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 voluntarily to apply for inclusion on a CAFTA-DR roster. It is 
expected that the collection of information burden will be under three 
hours. This collection of information contains no annual reporting or 
record keeping burden. This collection of information was approved by 
OMB under OMB Control Number 0350-0014. Please send comments regarding 
the collection of information burden or any other aspect of the 
information collection to USTR at http://www.regulations.gov.

Privacy Act

    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 as a candidate for inclusion on 
a CAFTA-DR roster. This information is maintained in a system of 
records entitled ``Dispute Settlement Panelists Roster.'' Notice 
regarding this system of records was published in the Federal Register 
on November 30, 2001. The information provided is needed, and will be 
used by USTR, other Federal government trade policy officials concerned 
with dispute settlement under the CAFTA-DR, and officials of the other 
CAFTA-DR Parties to select well-qualified individuals for inclusion on 
the CAFTA-DR rosters and for service on CAFTA-DR dispute settlement 
panels.

Daniel E. Brinza,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. E9-8321 Filed 4-10-09; 8:45 am]
BILLING CODE 3190-W9-P