68498 Federal Register / Vol. 79, No. 221 / Monday, November 17, 2014 / Notices 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

North American Free Trade 

Agreement; Invitation for Applications 

for Inclusion on the Chapter 19 Roster 

AGENCY: Office of the United States 

Trade Representative. 

ACTION: Invitation for applications. 

SUMMARY: Chapter 19 of the North 

American Free Trade Agreement 

(‘‘NAFTA’’) provides for the 

establishment of a roster of individuals 

to serve on binational panels convened 

to review final determinations in 

antidumping or countervailing duty 

(‘‘AD/CVD’’) proceedings and 

amendments to AD/CVD statutes of a 

NAFTA Party. The United States 

annually renews its selections for the 

Chapter 19 roster. Applications are 

invited from eligible individuals 

wishing to be included on the roster for 

the period April 1, 2015, through March 

31, 2016. 

DATES: Applications should be received 

no later than December 10, 2014. 

ADDRESSES: Applications should be 

submitted (i) electronically to 

www.regulations.gov, docket number 

USTR–2014–0021 or (ii) by fax, to 

Sandy McKinzy at (202) 395–3640. 

FOR FURTHER INFORMATION CONTACT: 

Arthur Tsao, Assistant General Counsel, 

Office of the United States Trade 

Representative, (202) 395–6987. 

SUPPLEMENTARY INFORMATION: 

Binational Panel Reviews Under 

NAFTA Chapter 19 

Article 1904 of the NAFTA provides 

that a party involved in an AD/CVD 

proceeding may obtain review by a 

binational panel of a final AD/CVD 

determination of one NAFTA Party with 

respect to the products of another 

NAFTA Party. Binational panels decide 

whether such AD/CVD determinations 

are in accordance with the domestic 

laws of the importing NAFTA Party, and 

must use the standard of review that 

would have been applied by a domestic 

court of the importing NAFTA Party. A 

panel may uphold the AD/CVD 

determination, or may remand it to the 

national administering authority for 

action not inconsistent with the panel’s 

decision. Panel decisions may be 

reviewed in specific circumstances by a 

three-member extraordinary challenge 

committee, selected from a separate 

roster composed of fifteen current or 

former judges. 

Article 1903 of the NAFTA provides 

that a NAFTA Party may refer an 

amendment to the AD/CVD statutes of 

another NAFTA Party to a binational 

panel for a declaratory opinion as to 

whether the amendment is inconsistent 

with the General Agreement on Tariffs 

and Trade (‘‘GATT’’), the GATT 

Antidumping or Subsidies Codes, 

successor agreements, or the object and 

purpose of the NAFTA with regard to 

the establishment of fair and predictable 

conditions for the liberalization of trade. 

If the panel finds that the amendment is 

inconsistent, the two NAFTA Parties 

shall consult and seek to achieve a 

mutually satisfactory solution. 

Chapter 19 Roster and Composition of 

Binational Panels 

Annex 1901.2 of the NAFTA provides 

for the maintenance of a roster of at least 

75 individuals for service on Chapter 19 

binational panels, with each NAFTA 

Party selecting at least 25 individuals. A 

separate five-person panel is formed for 

each review of a final AD/CVD 

determination or statutory amendment. 

To form a panel, the two NAFTA Parties 

involved each appoint two panelists, 

normally by drawing upon individuals 

from the roster. If the Parties cannot 

agree upon the fifth panelist, one of the 

Parties, decided by lot, selects the fifth 

panelist from the roster. The majority of 

individuals on each panel must consist 

of lawyers in good standing, and the 

chair of the panel must be a lawyer. 

Upon each request for establishment 

of a panel, roster members from the two 

involved NAFTA Parties will be 

requested to complete a disclosure form, 

which will be used to identify possible 

conflicts of interest or appearances 

thereof. The disclosure form requests 

information regarding financial interests 

and affiliations, including information 

regarding the identity of clients of the 

roster member and, if applicable, clients 

of the roster member’s firm. 

Criteria for Eligibility for Inclusion on 

Chapter 19 Roster 

Section 402 of the NAFTA 

Implementation Act (Pub. L. 103–182, 

as amended (19 U.S.C. 3432)) (‘‘Section 

402’’) provides that selections by the 

United States of individuals for 

inclusion on the Chapter 19 roster are to 

be based on the eligibility criteria set 

out in Annex 1901.2 of the NAFTA, and 

without regard to political affiliation. 

Annex 1901.2 provides that Chapter 19 

roster members must be citizens of a 

NAFTA Party, must be of good character 

and of high standing and repute, and are 

to be chosen strictly on the basis of their 

objectivity, reliability, sound judgment, 

and general familiarity with 

international trade law. Aside from 

judges, roster members may not be 

affiliated with any of the three NAFTA 

Parties. Section 402 also provides that, 

to the fullest extent practicable, judges 

and former judges who meet the 

eligibility requirements should be 

selected. 

Adherence to the NAFTA Code of 

Conduct for Binational Panelists 

The ‘‘Code of Conduct for Dispute 

Settlement Procedures Under Chapters 

19 and 20’’ (see https://www.nafta-secalena.org/

Default.aspx?tabid=99&language=enUS), which was established pursuant to 

Article 1909 of the NAFTA, provides 

that current and former Chapter 19 

roster members ‘‘shall avoid 

impropriety and the appearance of 

impropriety and shall observe high 

standards of conduct so that the 

integrity and impartiality of the dispute 

settlement process is preserved.’’ The 

Code of Conduct also provides that 

candidates to serve on chapter 19 

panels, as well as those who are 

ultimately selected to serve as panelists, 

have an obligation to ‘‘disclose any 

interest, relationship or matter that is 

likely to affect [their] impartiality or 

independence, or that might reasonably 

create an appearance of impropriety or 

an apprehension of bias.’’ Annex 1901.2 

of the NAFTA provides that roster 

members may engage in other business 

while serving as panelists, subject to the 

Code of Conduct and provided that such 

business does not interfere with the 

performance of the panelist’s duties. In 

particular, Annex 1901.2 states that 

‘‘[w]hile acting as a panelist, a panelist 

may not appear as counsel before 

another panel.’’ 

Procedures for Selection of Chapter 19 

Roster Members 

Section 402 establishes procedures for 

the selection by the Office of the United 

States Trade Representative (‘‘USTR’’) of 

the individuals chosen by the United 

States for inclusion on the Chapter 19 

roster. The roster is renewed annually, 

and applies during the one-year period 

beginning April 1 of each calendar year. 

Under Section 402, an interagency 

committee chaired by USTR prepares a 

preliminary list of candidates eligible 

for inclusion on the Chapter 19 Roster. 

After consultation with the Senate 

Committee on Finance and the House 

Committee on Ways and Means, USTR 

selects the final list of individuals 

chosen by the United States for 

inclusion on the Chapter 19 roster. 

Remuneration 

Roster members selected for service 

on a Chapter 19 binational panel will be 

remunerated at the rate of 800 Canadian 

dollars per day. 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 221 / Monday, November 17, 2014 / Notices 68499 

Applications 

Eligible individuals who wish to be 

included on the Chapter 19 roster for 

the period April 1, 2015, through March 

31, 2016, are invited to submit 

applications. Applications may be 

submitted either by fax to Sandy 

McKinzy at 202–395–3640 or 

electronically to www.regulations.gov, 

docket number USTR–2014–0021. 

To submit an application via 

www.regulations.gov, enter docket 

number USTR–2014–0021 on the home 

page and click ‘‘search.’’ The site will 

provide a search-results page listing all 

documents associated with this docket. 

Find a reference to this notice by 

selecting ‘‘Notice’’ under ‘‘Document 

Type’’ on the left side of the searchresults page, and click on the link 

entitled ‘‘Comment Now!.’’ (For further 

information on using the 

www.regulations.gov Web site, please 

consult the resources provided on the 

Web site by clicking on the ‘‘How to Use 

Regulations.gov’’ on the bottom of the 

page.) 

The www.regulations.gov site 

provides the option of providing 

comments by filling in a ‘‘Type 

Comment’’ field or by attaching a 

document. USTR prefers applications to 

be provided in an attached document. If 

a document is attached, please type 

‘‘Application for Inclusion on NAFTA 

Chapter 19 Roster’’ in the ‘‘Upload File’’ 

field. 

Applications must be typewritten, 

and should be headed ‘‘Application for 

Inclusion on NAFTA Chapter 19 

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 email 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 AD/CVD law. Judges or 

former judges should list relevant 

judicial decisions. Only one copy of 

publications, testimony, speeches, and 

decisions need be submitted. 

10. Summary of any current and past 

employment by, or consulting or other 

work for, the Governments of the United 

States, Canada, or Mexico. 

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. List of proceedings brought under 

U.S., Canadian, or Mexican AD/CVD 

law regarding imports of U.S., Canadian, 

or Mexican products in which the 

applicant advised or represented (for 

example, as consultant or attorney) any 

U.S., Canadian, or Mexican party to 

such proceeding and, for each such 

proceeding listed, the name and country 

of incorporation of such party. 

13. A short statement of qualifications 

and availability for service on Chapter 

19 panels, including information 

relevant to the applicant’s familiarity 

with international trade law 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 international trade law. 

Current Roster Members and Prior 

Applicants 

Current members of the Chapter 19 

roster who remain interested in 

inclusion on the Chapter 19 roster only 

need to indicate that they are reapplying 

and submit updates (if any) to their 

applications on file. Current members 

do not need to resubmit their 

applications. Individuals who have 

previously applied but have not been 

selected must submit new applications 

to reapply. If an applicant, including a 

current or former roster member, has 

previously submitted materials referred 

to in item 9, such materials need not be 

resubmitted. 

Public Disclosure 

Applications normally will not be 

subject to public disclosure and will not 

be posted publicly on 

www.regulations.gov. They may be 

referred to other federal agencies and 

Congressional Committees in the course 

of determining eligibility for the roster, 

and shared with foreign governments 

and the NAFTA Secretariat in the 

course of panel selection. 

False Statements 

Pursuant to section 402(c)(5) of the 

NAFTA Implementation Act, false 

statements by applicants regarding their 

personal or professional qualifications, 

or financial or other relevant interests 

that bear on the applicants’ suitability 

for placement on the Chapter 19 roster 

or for appointment to binational panels, 

are subject to criminal sanctions under 

18 U.S.C. 1001. 

Privacy Act 

The following statements are made in 

accordance with the Privacy Act of 

1974, as amended (5 U.S.C. 552a). The 

authority for requesting information to 

be furnished is section 402 of the 

NAFTA Implementation Act. Provision 

of the information requested above is 

voluntary; however, failure to provide 

the information will preclude your 

consideration as a candidate for the 

NAFTA Chapter 19 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 NAFTA dispute 

settlement, and officials of the other 

NAFTA Parties to select well-qualified 

individuals for inclusion on the Chapter 

19 roster and for service on Chapter 19 

binational panels. 

Juan Millan, 

Assistant United States Trade Representative 

for Monitoring and Enforcement. 

[FR Doc. 2014–27052 Filed 11–14–14; 8:45 am] 

BILLING CODE 3290–F5–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Summary Notice No. PE–2014–136] 

Petition for Exemption; Summary of 

Petition Received 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of petition for exemption 

received. 

SUMMARY: This notice contains a 

summary of a petition seeking relief 

from specified requirements of 14 CFR. 

The purpose of this notice is to improve 

the public’s awareness of, and 

participation in, this aspect of FAA’s 

regulatory activities. Neither publication 

of this notice nor the inclusion or 

omission of information in the summary 


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