Comment from Johann Sachs

The Austrian Federal Ministry of Economy, Family and Youth takes this opportunity to bring to the attention of the United States the following concerns regarding the implementation of the revised Lacey Act provisions, as requested by 04/06/2009: Austria supports the U.S objective of the Lacey Act to combat illegal trafficking in wild life, fish and plants and agrees that trade of illegally harvested plants, in particular timber, should be reduced to a minimum. At the same time we are still very concerned about various aspects of the envisaged U.S. measures. These are, as already set out in our previous comments: (a) compatibility with WTO requirements The Austrian Federal Ministry of Economy, Family and Youth considers that the system established by the revised Lacey Act provisions would entail asymmetric treatment of imported products and products originating from inside the U.S. It may therefore be discriminatory according to WTO rules. (b) the scope of the revised Lacey Act provisions (proportionality and legal certainty) The revised Lacey Act provisions impose onerous declaration requirements to products covering most of the chapters of the Harmonised Tariff Schedule. Given the increase in the cost of imports and the delays in trade flows that will be brought about by the declaration requirements, the measures should be limited to timber and timber products with a clear and identifiable link to illegal logging. (c) the schedule for phasing-in The Austrian Federal Ministry of Economy, Family and Youth welcomes the introduction of a phased-in approach regarding the enforcement of the declaration requirements and the limitation of phase II to 9 sub-headings of HS Chapter 44. We consider, however, that longer phase-in periods (at least nine months per phase) are necessary to allow importers sufficient time to adapt to the new system and to provide the necessary information needed for the declaration. Finally the Austrian Federal Ministry of Economy, Family and Youth calls upon the US not to extend the current scope for declaration requirements before the implementation review has taken place. The Austrian Federal Ministry for Economy, Family and Youth hopes that the U.S. authorities will take the above concerns into consideration and trusts that they will take a careful, measured approach, consistent with international obligations, towards implementation of the revised Lacey Act provisions. Best regards Vienna, 03.04.2009 For the Federal Minister: Mag.rer.soc.oec.Mag.iur.DDr.h.c Johann Sachs Signed electronically.