[Federal Register Volume 63, Number 160 (Wednesday, August 19, 1998)]
[Notices]
[Pages 44500-44502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22279]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Solicitation of Public Comment Regarding U.S. Preparations for
the World Trade Organization's Ministerial Meeting, Fourth Quarter 1999
SUMMARY: The Trade Policy Staff Committee (TPSC) is providing notice of
the U.S. intention to develop proposals and positions concerning the
agenda of the third Ministerial Conference of the World Trade
Organization (WTO). The TWO General Council has been instructed to
prepare recommendations regarding the launch of further trade
negotiations and work in the WTO, which will be considered and approved
by WTO Members meeting at their next Ministerial to be held in the
United States during the fourth quarter of 1999. The TPSC invites
public comment regarding the development of the agenda, scope, content
and timetables for negotiations or further work in the WTO, including
additional consultations with non-governmental stakeholders. The
Administration seeks views on the broadcast possible range of issues
for considerations, including possible subject matter and approaches to
any new negotiations or future work in the WTO. The deadline for
written comments is Friday, October 16, 1998.
The General Council's instructions are contained in WTO Ministerial
Declarations WT/MIN(98)/DEC/1 and DEC/2 agreed on May 20, 1998, at the
WTO's second ministerial meeting. In September 1998, the General
Council will begin holding special sessions to prepare recommendations.
Recommendations will be developed on the basis of consensus of WTO
Members. The General Council is expected to review issues, at least
initially, in the order presented in WT/MIN(98)/DEC/1, as well as to
review the results of work carried out in accordance with WT/MIN(98)/
DEC/2. This solicitation is intended to facilitate the Administration's
participation in the General Council's consideration of issues,
preparation of U.S. proposals and positions regarding eventual
recommendations, and acceptance of such proposals by consensus of WTO
Members.
FOR FURTHER INFORMATION CONTACT: For procedural questions concerning
public comments contact Gloria Blue, Executive Secretary, Trade Policy
Staff Committee, Office of the United States Trade Representative,
(202) 395-3475. General inquiries should be made to the Office of WTO
and Multilateral Affairs at (202) 395-6843; calls on individual
subjects will be transferred within USTR as appropriate. Information
about the WTO can be obtained via the Internet on www.ustr.gov, or the
WTO website (www.wto.org). Attention is drawn, in particular, to the
Ministerial Declarations (WT/Min(98)/DEC/1 and DEC/2 of May 20, 1998
regarding preparation of the WTO's forward agenda and electronic
commerce) and the Ministerial Declaration resulting from the WTO's
first ministerial meeting held in Singapore in December, 1996 (WT/
Min(96)/DEC), which are available on the USTR and WTO websites. In
addition, a detailed review of the WTO Agreements, the work of the
various WTO committees and bodies and the WTO ``built-in agenda'' are
contained in
[[Page 44501]]
the ``1998 Trade Policy Agenda and 1997 Annual Report of the President
on the Trade Agreements Program,'' also available on the USTR website.
On May 26, 1998, the TPSC published a notice in the Federal Register
requesting public comments with respect to the review of the WTO's
Dispute Settlement Understanding (DSU).
SUPPLEMENTARY INFORMATION: On May 18-20, the World Trade Organization
(WTO) held its second ministerial conference in Geneva, Switzerland,
along with a commemoration of the 50th anniversary of the post-World
War II multilateral trading system. President Clinton and 13 other
heads of state or government addressed the gathering, and WTO Members
accepted the U.S. invitation to host the third ministerial conference
in late 1999. The general Ministerial Declaration, agreed on May 20,
1998, instructs the WTO's General Council to begin preparation for the
launch of negotiations and consideration of the WTO's forward agenda
for approval at its 1999 ministerial meeting. A second Declaration,
also agreed on May 20, 1998, commits Members to not impose customs
duties on electronic transmissions and calls for the establishment by
the General Council of a work program in the WTO on the trade-related
aspects of electronic commerce.
These processes will start officially at a special meeting of the
General Council on September 24, 1998. By prior agreement, the post-
1999 negotiating agenda will, at a minimum, encompass those broad-
ranging and substantial area where existing WTO Agreements now call for
further negotiations an deliberlization, such as in agriculture,
services and intellectual property. However, without prejudice to the
initiation of negotiations on the above topics already called for the
WTO's ``build-in agenda,'' the preparatory process will also examine
whether other topics may be ripe for negotiations or further study.
This is consistent with U.S. calls for flexibility and creativity in
structuring the WTO's future work.\1\ Consideration will be given to
various options for structuring the negotiations and work program,
including timetables for any negotiations, as well as more effective
means of engaging the wide range of non-governmental stakeholders in
the preparation of the agenda and subsequent negotiations.
\1\ On the future agenda, pursuant to the Declaration, the
Council is to make* * * ``(a) recommendations concerning: (i) the
issues, including those brought forward by Members, relating to
implementation of existing agreements and decisions; (ii) the
negotiations already mandated at Marrakesh, to ensure that such
negotiations begin on schedule; (iii) future work already provided
for under other existing agreements and decisions taken at
Marrakesh; (b) recommendations concerning other possible future work
on the basis of the work programme initiated at Singapore; (c)
recommendations on the follow-up to the High-Level Meeting on Least-
Developed Countries; (d) recommendations arising from consideration
of other matters proposed and agreed to by Members concerning their
multilateral trade relations* * *.''
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PUBLIC COMMENTS REQUESTED: To prepare for U.S. participation in the
General Council meetings, the TPSC invites written comments on U.S.
objectives with respect to the various categories of issues identified
in the two Declarations mentioned above, including the agenda, scope,
content and timetables for work and negotiations. Comments submitted
should clearly indicate the category or categories of issues outlined
in the submission. USTR will seek additional public comment later in
the year on details of certain agenda items (e.g., market access and
agriculture, involving product-specific concerns). For purposes of this
notice, comments should address the following issue areas:
I. Implementation of Existing Agreements and Work Programs
Comments are requested with respect to experience in
implementation, including where the Agreements have been successful in
addressing U.S. interests, and in areas where changes would facilitate
better enforcement and adherence to rules and commitments, or otherwise
advance U.S. policy objectives. Particular attention is drawn to the
various rule encompassed in the GATT 1994 (all GATT Articles), the
Marrakesh Protocol to the General Agreement, the Agreements on
Agriculture, Sanitary and Phytosanitary Measures, Textiles and
Clothing, Technical Barriers to Trade, Trade-Related Investment
Measures (TRIMS), Antidumping Practices, Customs Valuation, Preshipment
Inspection, Import Licensing, Subsidies and Countervailing Measures,
Agreement on Safeguards, General Agreement on Trade in Services, Trade-
Related Aspects of Intellectual Property Rights (TRIPS), the
Understanding on the Rules and Procedures Governing the Settlement of
Disputes, Trade Policy Review Mechanism and Ministerial Decisions and
Declarations, including those undertaken at Marrakesh.
II. Mandated Negotiations
Comments are requested regarding U.S. priorities for the Agreements
concluded as part of the Uruguay Round that contain express agreement
to conduct further negotiations. The Agreement on Agriculture contains
provisions for further negotiations and identifies issues for
consideration, including market access, domestic support and export
subsidies. The General Agreement on Trade in Services provides for
further negotiations on specific commitments to liberalize trade in
services. The Agreement on Trade-Related Intellectual Property Rights
(TRIPS) provides for negotiations in certain areas. For all of these
mandated negotiations, particular attention should be given to the
range of additional issues not mentioned in the Agreements that should
be considered, and the modalities for conducting further negotiations.
III. Reviews of Existing Agreements and Work Programs
Comments are requested regarding U.S. priorities pursuant to the
Agreements from the Uruguay Round that specifically provide for reviews
and other work as part of their individual work programs: Agriculture,
Antidumping, Customs Valuation, Dispute Settlement Understanding,
Import Licensing, Preshipment Inspection, Rules of Origin, Trade and
the Environment, Sanitary and Phytosanitary Measures, Safeguards,
Subsidies and Countervailing Measures, Technical Barriers to Trade,
Textiles and Clothing, Trade Policy Review Mechanism, Trade-Related
Aspects of Intellectual Property Rights (TRIPS), Trade-Related
Investment Measures (TRIMS), and the General Agreement on Trade in
Services. The Dispute Settlement Understanding (DSU) and the Agreement
on Subsidies and Countervailing Measures, for example, contain review
provisions as a first step in taking further decisions with respect to
the Agreements. Particular attention should be given to the
improvements, if any, that might be sought as a result of the reviews
or conclusions of the work programs.
IV. Singapore Ministerial Work Program
Comments are requested on what, if any, next steps should be taken
with respect to the issues raised in the context of the work of the
working groups established on trade and investment, trade and
competition policy, transparency in government procurement and the
exploratory work undertaken by the WTO regarding trade facilitation.
Particularly relevant are next steps in the above-mentioned areas,
including the nature and scope of any
[[Page 44502]]
future work. In the case of procurement, these has already been
agreement to identify the elements for a multilateral transparency
agreement. With respect to the work on investment and competition,
attention is drawn to the fact the both working groups are to complete
reports to the General Council before the end of 1998.
V. Integration of Least-Developed Countries
Comments are requested on ways to facilitate the participation of
least developed countries in the WTO, taking into account work that has
been conducted to integrate the technical assistance provided by
various international organizations, including the WTO. Areas for
comment could include provision of additional capacity building and
market access opportunities, and the possible graduation of countries
from preferences.
VI. Other Trade Matters of Interest
Consistent with the Ministerial Declaration, comments are also
solicited with respect to the range of issues where the United States
might choose to seek, or be asked to join a consensus, to add
additional items to the WTO's post-1999 agenda for negotiations or
further work. The Administration is interested in considering the
broadest range of issues as the agenda for the next century is
developed. The issues identified thus far include:
(a) Industrial market access: comments are requested with respect
to the overall desirability of conducting further tariff negotiations
and possible modalities for such negotiations (e.g., pursuit of
additional sectoral initiatives to reduce or harmonize duties, the
application of formula or request/offer approaches and related issues).
It should be noted that further negotiations on market access are
already envisioned for products covered by the Agricultural Agreement.
(b) Consultations with Non-Governmental Stakeholders: comments are
requested as to possible approaches that the WTO could undertake. In
his speech to the WTO, President Clinton challenged the WTO to consider
improving the opportunities for the public to participate in the
development of the WTO's forward agenda, and to develop a more regular
mechanism for consultation. The WTO has begun to take steps to broaden
the interaction with non-governmental organizations in this regard,
including the dissemination of information received from such
organizations to the WTO's membership. Similarly, a number of steps
have been taken by the United States to promote greater transparency in
the operation of the WTO that would be of benefit to stakeholders
(e.g., with respect to making WTO documents more available to the
public).
(c) Relationship Between Trade and Labor: comments are requested
regarding various approaches to be considered in developing a consensus
for further consideration of this issue on the WTO's forward agenda.
WTO Ministers at Singapore renewed their commitment to the observance
of internationally recognized core labor standards, noting that
economic growth and development fostered by increased trade and further
trade liberalization contribute to the promotion of core labor
standards. At the same time, they recognized the important role of the
International Labor Organization (ILO) in this area and rejected the
use of labor standards for protectionist purposes, and agreed that the
comparative advantages of countries, particularly low-wage developing
countries, must not be put into question. Attention is drawn to Section
131 of the Uruguay Round Agreements Act, addressing U.S. activity in
the WTO in this area.
(d) Institutional Issues: comments are invited on the general
institutional improvements that the United States should be
contemplating for the WTO, particularly as its membership expands to
nearly 160 early in the next century. Achieving greater transparency in
the WTO's operation has already been identified as a priority issue for
the Administration. The United States has consistently sought to expand
the range of WTO documents available to the public, and is continuing
to promote broader derestriction of documents in a more timely fashion,
including in the area of access to dispute settlement panel reports.
Similarly, as the membership expands to include Members with less
experience operating as market economies, new challenges arise to the
WTO's system of operations and its decision-making process. As a result
of the Uruguay Round, the WTO entered into cooperation agreements with
the International Monetary Fund (IMF) and the World Bank to ensure
greater coherence in international economic policy; further cooperation
may be desirable.
VII. Electronic Commerce
Consistent with the Declaration issued at the May 1998 WTO
Ministerial Conference, comments are also solicited with respect to the
commitment by WTO Members not to impose customs duties on electronic
commerce and agreement to establish a work program for further
consideration of the relationship between trade and electronic
commerce. The initial work program will be put in place by the General
Council's special session in September 1998. The United States has
proposed that the work program require the Councils on Goods, Services,
and the Trade-Related Aspects of Intellectual Property and the
Committee on Trade and Development, and request the Committee on
Government Procurement, to undertake work on electronic commerce. (The
U.S. proposal is available in the ``What's New'' section of USTR's
website, ``www.ustr.gov.'')
Submission of Written Comments: Those persons wishing to submit
written comments should provide twenty (20) copies (in English) no
later than October 16, 1998, to Gloria Blue, Executive Secretary, Trade
Policy Staff Committee, Office of the United States Trade
Representative, Room 501, 600 17th Street Northwest, Washington, DC.,
20508. Comments should state clearly the position taken and should
describe the specific information supporting that information.
It the submission contains business confidential information,
twenty copies of a confidential version, and twenty copies of a public
version that does not contain confidential information, must be
submitted. A justification as to why the information contained in the
submission should be treated confidentially must be included in the
submission. In addition, any submissions containing business
confidential information must be clearly marked ``Confidential'' at the
top and bottom of the cover page (or letter) and each succeeding page
of the submission. The version that does not contain confidential
information should also be clearly marked, at the top and bottom of
each page, ``public version'' or ``non-confidential.''
Written comments submitted in connection with this request, except
for information granted ``business confidential'' status pursuant to 15
CFR 2003.6, will be available for public inspection in the USTR Reading
Room, Room 101, Office of the United States Trade Representative, 600
17th Street, NW., Washington, DC. An appointment to review the file may
be made by calling Brenda Webb at (202) 395-6186. The Reading Room is
open to the public from 9:30 a.m. to 12 noon, and from 1 p.m. to 4 p.m.
Monday through Friday.
Frederick L. Montgomery,
Chairman, Trade Policy Staff Committee.
[FR Doc. 98-22279 Filed 8-18-98; 8:45 am]
BILLING CODE 3190-01-M
