public comments on WTO

[Catherine Gavin <cgavin@cptech.org>]

This is an announcment from the USTR for public comments on the 1999
World Trade Organization's Ministerial Meeting.

The deadline is on Friday October 16, 1998!!!!




======================================================

Federal Register / Vol. 63, No. 160 / Wednesday, August 19, 1998
/ Notices, p. 44500



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


<-------------------- p 44501 ------------------>

Federal Register / Vol. 63, No. 160 / Wednesday, August 19, 1998
/ Notices


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 50thanniversary
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.

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


-------------
Footnote
        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* * *.''


<------------------ p 44502 ----------------------->

Federal Register / Vol. 63, No. 160 / Wednesday, August 19, 1998
/ Notices

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








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Catherine Gavin
Consumer Project on Technology
P.O. Box 19367, Washington, DC 20036
cgavin@cptech.org, http://www.cptech.org
202.387.8030; fax 202.234.5176