Applications for Inclusion on the Binational Panels Roster Under the North American Free Trade Agreement
| Published date | 24 October 2019 |
| Citation | 84 FR 57152 |
| Record Number | 2019-23190 |
| Section | Notices |
| Court | Trade Representative Office Of The United States |
Federal Register, Volume 84 Issue 206 (Thursday, October 24, 2019)
[Federal Register Volume 84, Number 206 (Thursday, October 24, 2019)]
[Notices]
[Pages 57152-57154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23190]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket Number USTR-2019-0018]
Applications for Inclusion on the Binational Panels Roster Under
the North American Free Trade Agreement
AGENCY: Office of the United States Trade Representative.
ACTION: Invitation for applications.
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SUMMARY: 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 roster. The Office of the United States Trade
Representative (USTR) invites applications from eligible individuals
wishing to be included on the roster for the period April 1, 2020,
through March 31, 2021.
DATES: USTR must receive your application by November 29, 2019.
ADDRESSES: You should submit your application through the Federal
eRulemaking Portal: http://www.regulations.gov, using docket number
USTR-2019-0018. Follow the instructions for submitting comments below.
While USTR strongly prefers electronic submissions, you also may submit
your application by fax, to Sandy McKinzy at (202) 395-3640.
FOR FURTHER INFORMATION CONTACT: Philip Butler, Assistant General
Counsel, [email protected], (202) 395-5804.
SUPPLEMENTARY INFORMATION:
Binational Panel AD/CVD Reviews Under the NAFTA
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 AD/CVD
determinations are in accordance with the domestic laws of the
importing NAFTA Party using 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 15 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
must consult and seek to achieve a mutually satisfactory solution.
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.
When there is a request to establish a panel, roster members from
the two involved NAFTA Parties will complete a disclosure form that is
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 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-sec-alena.org/Home/Texts-of-the-Agreement/Code-of-Conduct), 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
[[Page 57153]]
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 Roster Members
Section 402 establishes procedures for the selection by 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 1st 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, the United States
Trade Representative 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.
Applications
Eligible individuals who wish to be included on the Chapter 19
roster for the period April 1, 2020, through March 31, 2021, are
invited to submit applications. In order to be assured of
consideration, USTR must receive your application by November 29, 2019.
Applications may be submitted electronically to www.regulations.gov,
using docket number USTR-2019-0018, or by fax to Sandy McKinzy at 202-
395-3640.
In order to ensure the timely receipt and consideration of
applications, USTR strongly encourages applicants to make on-line
submissions, using the www.regulations.gov website. To submit an
application via regulations.gov, enter docket number USTR-2019-0018 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 search-results page, and click on the
``Comment Now!'' link. For further information on using the
www.regulations.gov website, please consult the resources provided on
the website by clicking on the ``How to Use Regulations.gov'' on the
bottom of the page.
The www.regulations.gov website allows users to provide comments by
filling in a ``Type Comment'' field, or by attaching a document using
an ``Upload File'' field. USTR prefers that applications 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. USTR prefers submissions in Microsoft Word
(.doc) or Adobe Acrobat (.pdf). If the submission is in an application
other than those two, please indicate the name of the application in
the ``Type Comment'' 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 are covered by a Privacy Act System of Records Notice
and are not 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
[[Page 57154]]
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.
Juan Millan,
Assistant United States Trade Representative for Monitoring and
Enforcement, Office of the U.S. Trade Representative.
[FR Doc. 2019-23190 Filed 10-23-19; 8:45 am]
BILLING CODE 3290-F0-P
