[Federal Register Volume 68, Number 244 (Friday, December 19, 2003)]
[Notices]
[Pages 70859-70860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31372]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Determination Regarding Waiver of Discriminatory Purchasing 
Requirements With Respect to Goods and Services Covered by Chapter 9 of 
the U.S.-Chile Free Trade Agreement

AGENCY: Office of the United States Trade Representative.

ACTION: Determination under Trade Agreements Act of 1979.

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EFFECTIVE DATE: January 1, 2004.

FOR FURTHER INFORMATION CONTACT: Jean Heilman Grier, Senior Procurement 
Negotiator, Office of the United States Trade Representative, (202) 
395-9476, or Theodore R. Posner, Assistant General Counsel, Office of 
the United States Trade Representative, (202) 395-9512.
    On June 6, 2003, the United State and Chile entered into the United 
States-Chile Free Trade Agreement (``the USCFTA''). Chapter 9 of the 
USCFTA sets forth certain obligations with respect to government 
procurement of goods and services, as specified in Annex 9.1 of the 
USCFTA.

[[Page 70860]]

    On September 3, 2003, the President signed into law the United 
States-Chile Free Trade Agreement Implementation Act (``the USCFTA 
Act'') (Pub. L. No. 108-77, 117 Stat. 909) (19 U.S.C. 3805 note). In 
section 101(a) of the USCFTA Act, the Congress approved the USCFTA and 
the statement of administrative action proposed to implement the USCFTA 
that the President submitted to the Congress.
    Section 1-201 of Executive Order 12260 of December 31, 1980 (46 FR 
1653) delegated the functions of the President under sections 301 and 
302 of the Trade Agreements Act of 1979 (``the Trade Agreements Act'') 
(19 U.S.C. 2511, 2512) to the United States Trade Representative.
    Now, therefore, I, Robert B. Zoellick, United States Trade 
Representative, in conformity with the provisions of sections 301 and 
302 of the Trade Agreements Act, and Executive Order 12260, and in 
order to carry out U.S. obligations under Chapter 9 of the USCFTA, do 
hereby determine effective on January 1, 2004, that:
    1. Chile is a country, other than a major industrial country, 
which, pursuant to the USCFTA, will provide appropriate reciprocal 
competitive government procurement opportunities to United States 
products and suppliers of such products. In accordance with section 
301(b)(3) of the Trade Agreements Act, Chile is so designated for 
purposes of section 301(a) of the Trade Agreements Act.
    2. With respect to eligible products of Chile (i.e., goods and 
services covered by the Schedules of the United States in Annex 9.1 of 
the USCFTA) and suppliers of such products, the application of any law, 
regulation, procedure, or practice regarding government procurement 
that would, if applied to such products and suppliers, result in 
treatment less favorable than that accorded--
    (A) To United States products and suppliers of such products; or
    (B) To eligible products of another foreign country or 
instrumentality which is party to the Agreement on Government 
Procurement referred to in section 101(3)(17) of the Uruguay Round 
Agreements Act (19 U.S.C. 3511(d)(17)) and suppliers of such products, 
shall be waived.
    This waiver shall be applied by all entities listed in the Schedule 
of the United States to Section A of Annex 9.1 of the USCFTA, and in 
list A of the Schedule of the United States to Section C of Annex 9.1 
of the USCFTA.
    3. The designation in paragraph 1 and the waiver in paragraph 2 are 
subject to modification or withdrawal by the United States Trade 
Representative.

    Dated: December 16, 2003.
Robert B. Zoellick,
United States Trade Representative.
[FR Doc. 03-31372 Filed 12-18-03; 8:45 am]
BILLING CODE 3190-W3-M