[Federal Register Volume 59, Number 35 (Tuesday, February 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3812]
[[Page Unknown]]
[Federal Register: February 22, 1994]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Trade Policy Staff Committee (TPSC); Request for Comments
Concerning Foreign Government Discrimination in Procurement
AGENCY: Office of the United States Trade Representative.
ACTION: Notice of request for public comments.
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SUMMARY: This notice requests written submissions from the public
concerning discrimination against United States products and services
by foreign governments in their procurement practices. This information
will be used in compiling the annual report on foreign discrimination
in government procurement specified by section 305 of the Trade
Agreements Act of 1979 (Trade Agreements Act), as amended by Title VII
of the Omnibus Trade and Competitiveness Act of 1988 (19 U.S.C. 2515).
Section 305 of the Trade Agreements Act requires the President to
submit an annual report on the extent to which foreign countries
discriminate against United States products or services in making
government procurements. In the annual report, the President is
required to identify any countries that:
(a) Are signatories to the GATT Agreement on Government Procurement
(Agreement) and are not in compliance with the requirements of the
Agreement;
(b)(i) Are signatories to the Agreement; (ii) are in compliance
with the Agreement, but maintain a significant and persistent pattern
or practice of discrimination in the government procurement of products
or services from the United States not covered by the Agreement, which
results in identifiable harm to U.S. business; and (iii) whose products
or services are acquired in significant amounts by the United States
Government; or
(c) Are not Signatories to the Agreement and maintain a significant
and persistent pattern or practice of discrimination in government
procurement of products or services from the United States, which
results in identifiable harm to U.S. business, and whose products or
services are acquired in significant amounts by the United States
Government.
The functions vested in the President under Section 305 of the
Trade Agreements Act were delegated to the United States Trade
Representative (USTR) pursuant to Section 4-101 of Executive Order
12661 (54 FR 779).
DATES: Submissions containing the information described below must be
received on or before March 15, 1994.
ADDRESSES: Comments must be submitted to the Executive Secretary, Trade
Policy Staff Committee, Office of the United States Trade
Representative, 600 17th Street NW., Washington, DC 20506, and must
include not less than twenty (20) copies. Submissions will be available
for public inspection by appointment with the staff of the USTR Public
Reading Room, except for information granted ``business confidential''
status pursuant to 15 CFR 2003.6. Any business confidential material
must be clearly marked as such at the top of the cover page or letter
and each succeeding page and must be accompanied by a nonconfidential
summary.
FOR FURTHER INFORMATION CONTACT: Elena Bryan (202-395-5097) or Mark
Linscott (202-395-3063), Office of GATT Affairs, or Laura B. Sherman
(202-395-3150), Office of the General Counsel, Office of the U.S. Trade
Representative, 600 17th Street NW., Washington, DC 20506.
SUPPLEMENTARY INFORMATION: Section 305 of the Trade Agreements Act
requires an annual report to be submitted no later than April 30, 1993
to the appropriate Committees of the House of Representatives and the
Senate. The USTR is required to request consultations with any
countries identified in the report to obtain their compliance with the
Agreement or the elimination of their discriminatory procurement
practices.
USTR invites submissions from interested parties concerning foreign
government procurement practices that should be considered in
developing the annual report. Pursuant to section 305(d)(5) of the
Trade Agreements Act, submissions are sought from any interested
parties in the United States and in countries that are signatories to
the Agreement, as well as in other foreign countries whose products or
services are acquired in significant amounts by the United States
Government.
Each submission should provide, in order, the following general
information: (1) The party submitting the information; (2) the foreign
country or countries that are the subject of the submission and the
entities of each subject country's government whose practices are being
identified, and (3) the U.S. products or services that are affected by
the non-compliance or discrimination.
Each submission should provide, in order, the following specific
information on non-compliance with the Agreement or discrimination: (1)
The circumstances under which discrimination has occurred, including
information regarding the date and nature of procurement(s) where
discrimination was encountered; (2) policies or practices which are
deemed to be discriminatory (where possible, include copies of
discriminatory laws, policies or regulations), and (3) the extent to
which noncompliance with the Code or discrimination has impeded the
ability of U.S. suppliers to participate in procurements on terms
comparable to those available to suppliers of the country in question
when they are seeking to sell goods or services to the United States
Government. Wherever possible, submissions should address the extent to
which countries identified: (i) Use sole-sourcing or otherwise
noncompetitive procedures for procurements that could have been
conducted using competitive procedures; (ii) conduct what normally
would have been one procurement as two or more procurements, in order
to decrease the anticipated contact value below the Agreement's value
threshold or to make the procurement less attractive to U.S.
businesses; (iii) announce procurement opportunities without adequate
time for U.S. businesses to submit bids, and (iv) employ specifications
in such a way as to limit the ability of U.S. suppliers to participate
in procurements.
Finally, each submission should: (1) Identify requirements of the
Agreement which are not being observed by the country identified or
describe how the country identified has maintained a significant and
persistent pattern or practice of discrimination in government
procurement of non-Code-Covered goods; (2) identify the specific impact
of the discriminatory policy or practice on United States businesses
(including an estimate of the value of market opportunities lost and,
if any, the cost of preparing bids which are rejected during the course
of a procurement evaluation for discriminatory reasons), and (3)
describe the extent to which the products or services of the country
identified are acquired in significant amounts by the United States
Government.
Frederick L. Montgomery,
Chairman, Trade Policy Staff Committee.
[FR Doc. 94-3812 Filed 2-18-94; 8:45 am]
BILLING CODE 3110-01-M
