[Federal Register: September 17, 2007 (Volume 72, Number 179)]
[Notices]
[Page 52942-52944]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17se07-111]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Notice of Opportunity To Apply for Nominations to the World Trade
Organization Dispute Settlement Indicative List of Potential Panelists
AGENCY: Office of the United States Trade Representative.
ACTION: Notice of opportunity to apply for nomination by the United
States to the indicative list of non-governmental potential panelists
provided for in Article 8.4 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes (``DSU'') and in the
Decision on Certain Dispute Settlement Procedures for the General
Agreement on Trade in Services (``GATS'') of the World Trade
Organization (``WTO'').
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SUMMARY: The Office of the United States Trade Representative is
seeking to update the current list of U.S. non-governmental individuals
on the indicative list of potential panelists maintained by the WTO
Secretariat, as provided for in Article 8.4 of the DSU. The DSU
provides a mechanism for the settlement of disputes between the Members
of the WTO. A three-person panel conducts each dispute settlement
proceeding and issues a report for consideration by the Dispute
Settlement Body (``DSB''). The indicative list assists in selecting
panelists for dispute settlement proceedings; panelists often are drawn
from the indicative list, although there is no requirement to do so.
Article 8.4 of the DSU also provides for periodically updating the
indicative list. Section 123(b) of the Uruguay Round Agreement Act
(``URAA''), Public Law 103-405, provides that the Trade Representative
shall seek to ensure that persons appointed to the WTO indicative list
are well-qualified and that the indicative list includes persons with
expertise in all of the subject matters covered by the Uruguay Round
Agreements. USTR invites
[[Page 52943]]
citizens of the United States with appropriate qualifications,
discussed below, to apply for consideration as a nominee to the
indicative list.
DATES: Eligible citizens are encouraged to apply by October 19, 2007 to
be considered for nomination to the list in 2007.
FOR FURTHER INFORMATION CONTACT: For information contact Sandy McKinzy,
Litigation Assistant, USTR Office of Monitoring and Enforcement, (202)
395-3582. Further information on the indicative list is available on
the WTO Web site at http://www.wto.org in a document designated WT/DSB/
33.
SUPPLEMENTARY INFORMATION: Pursuant to Article 8.4 of the DSU, the WTO
Secretariat maintains an indicative list of well-qualified governmental
and non-governmental individuals, including persons who have served on
or presented a case to a panel, taught or published on international
trade law or policy, served as a senior trade policy official of a WTO
member country, or served in the WTO Secretariat. The indicative list
is used to assist in the selection of panelists for dispute settlement
proceedings. Panel members are to be selected with a view to ensuring a
sufficiently diverse background and a wide spectrum of experience.
The current list dates principally from 2003 (with the addition of
some persons nominated later and approved by the DSB). In addition to
being available on the WTO Web site, the list is also reproduced in the
USTR Annual Report, available on the USTR Web site at http://www.ustr.gov/Document_Library/Reports_Publications/2007/2007_Trade_Policy_Agenda
.
The indicative list includes a special roster of those with
expertise in particular service sectors, pursuant to the Decision on
Certain Dispute Settlement Procedures for the GATS (S/L/2 of 4 April
1995). GATS disputes could involve, inter alia, one or more of the
following eleven principal sectors: (1) Business services, including
professional and related services, (for example, legal, accounting,
auditing and bookkeeping, taxation, medical, dental, veterinary,
engineering, architectural, and urban planning services), computer and
related services, research and development services, real estate
services, rental and leasing services, and advertising and management
services; (2) communication services (including audio-visual services);
(3) construction and related engineering services; (4) distribution
services; (5) educational services; (6) environmental services; (7)
financial services, including insurance and insurance-related services,
banking and securities services; (8) health related and social
services; (9) tourism and travel-related services; (10) recreational,
cultural and sporting services, and (11) transport services. Panels for
GATS disputes are to be composed of well-qualified governmental and/or
non-governmental individuals who have experience in issues related to
GATS and/or trade in services, including associated regulatory matters.
Dispute settlement panels concerning sectoral matters under the GATS
must have expertise relevant to the specific service sector to which
the dispute relates. The GATS Annex on Financial Services further
provides that panels for disputes on prudential issues and other
financial matters must have the necessary expertise relevant to the
specific financial service under dispute.
USTR currently seeks applications related to the list of non-
governmental individuals. Persons selected by USTR will be nominated
for inclusion on the WTO indicative list subject to DSB approval.
Inclusion of a name on the list, however, does not necessarily mean
that the individual will be selected for service on a panel. DSU
Article 8.2 provides that citizens of WTO Members who are parties or
interested third parties to a dispute may not serve on the panel in
that dispute unless the parties agree otherwise. For example, panels
for disputes in which the United States is a party or interested third
party cannot include any U.S. citizens unless the parties to the
dispute agree otherwise. Since the United States is a party or third
party to almost every dispute, very few U.S. citizens have served as
panelists.
Functions of Panels
WTO dispute settlement panels consist of three persons (unless the
parties agree to have five panelists) whose function is to make an
objective assessment of the matter under dispute, including an
objective assessment of the facts of the case, the applicability of the
relevant WTO agreements and the conformity of the measure under
consideration with the obligations of those agreements. In addition,
panels are to make such other findings as will assist the DSB in making
the recommendations provided for in the WTO agreements. Panelists must
act in strict conformity with the provisions of the WTO agreements,
including application of the appropriate standard of review. Panels are
responsible for providing a report to the DSB, including
recommendations if necessary, on the conformity of the matter under
dispute with WTO obligations. Panelists must also comply with the WTO
Rules of Conduct (available at http://www.wto.org in a document
designated WT/DSB/RC/1) relating to conflicts of interest and conduct
as a panelist.
Procedures for Application
Non-governmental U.S. citizens (i.e., individuals not currently
employed fulltime by the U.S. Federal government or a state or local
government) meeting the qualifications of Article 8 of the DSU and
possessing expertise in international trade in goods, services,
intellectual property rights or other matters covered by the WTO
agreements are invited to file an application for nomination to the WTO
list. Applications must be submitted (i) Electronically, to
FR0719@ustr.eop.gov, with ``Indicative List Application'' in the
subject line, or (ii) by fax, to Sandy McKinzy at (202) 395-3640, with
a confirmation copy sent electronically to the electronic mail address
above, in accordance with the requirements for submission set out
below.
Applicants are to provide the following information to the extent
applicable, and should bear in mind the information on the ``Summary
Curriculum Vitae for Persons Proposed for the Indicative List'' at the
end of the document designated WTO/DSB/33:
1. Name of the applicant;
2. Business address, telephone number and, if available, fax number
and e-mail address;
3. Citizenship(s);
4. Foreign language fluency, spoken and written;
5. Current employment, including title, description of
responsibilities, and name and address of employer;
6. Relevant education and professional training, including
particular service-sector expertise, if any;
7. Post-education employment history, including the dates and
address of each prior position and a summary of responsibilities;
8. Relevant professional affiliations and certifications;
9. List of publications and speeches; teaching experience in the
area of trade; also, one copy of any speeches and publications relevant
to the subject matter of the WTO agreements or service sector;
10. List of international trade proceedings or domestic proceedings
relating to international trade (WTO) matters in which the person has
provided advice or otherwise participated, including judicial or
administrative proceedings over which that person has presided;
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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. Names, addresses, telephone and, if available, email addresses
of three individuals authorized to provide information to USTR
concerning the applicant's qualifications for service, including the
applicant's familiarity with international trade laws and other areas
of expertise, character, reliability and judgment; and
13. A short statement of qualifications in light of Article 8.1 of
the DSU, including information relevant to the applicant's familiarity
with international trade, services or other issues covered by the WTO
agreements, and availability for service.
USTR encourages the submission of documents in Adobe PDF format as
attachments to an electronic mail. Interested persons who make
submissions by electronic mail should not provide separate cover
letters; information that might appear in a cover letter should be
included in the submission itself. Similarly, to the extent possible,
any attachments to the submission should be included in the same file
as the submission itself, and not as separate files.
Information provided by applicants will be used by USTR for the
purpose of selecting candidates for nomination to the WTO list. Further
information concerning potential conflicts may be requested from
individuals and the possibility of significant conflicts will be taken
into consideration in evaluating applicants.
U.S. citizens who are current members of the WTO list and are
interested in continuing to serve on the list need not reapply in
response to this notice. Individuals who have previously applied but
have not been selected for nomination may reapply. USTR will contact
applicants that qualify for further consideration as nominees regarding
any additional information that may be required.
This notice contains a collection of information provision subject
to the Paperwork Reduction Act (PRA) which has been approved by 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 to voluntarily apply for nomination to
the WTO list. It is expected that the collection of information burden
will be under 3 hours. This is a one-time-only collection of
information, and contains no annual reporting and recordkeeping burden.
This collection of information was approved by OMB under OMB Control
Number 0350-0014. Send comments regarding the collection of information
burden or any other aspect of the information collection to USTR at the
address above.
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 of the applicant as a candidate
for the WTO list. The information may be disclosed to government
officials, including members of the TPSC Subcommittee on Monitoring and
Enforcement, for the purpose of evaluation of applications. Information
on nominees will be furnished to the WTO pursuant to requirements under
the DSU.
Daniel E. Brinza,
Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. 07-4597 Filed 9-14-07; 8:45 am]
BILLING CODE 3190-W7-M