Notice2023-15222
Request for Comments on Operation of the Caribbean Basin Initiative
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 19, 2023
Issuing agencies
Trade Representative, Office of United States
Abstract
The U.S. Trade Representative has to submit a report to Congress regarding the operation of the Caribbean Basin Initiative (CBI) on or before December 31, 2023. The Trade Policy Staff Committee (TPSC) invites comments concerning the operation of the CBI, including the performance of each beneficiary country, to assist in preparing the report to Congress on the operation of the CBI program.
Full Text
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<title>Federal Register, Volume 88 Issue 137 (Wednesday, July 19, 2023)</title>
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[Federal Register Volume 88, Number 137 (Wednesday, July 19, 2023)]
[Notices]
[Pages 46360-46362]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15222]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket Number USTR-2023-0006]
Request for Comments on Operation of the Caribbean Basin
Initiative
AGENCY: Office of the United States Trade Representative (USTR).
ACTION: Notice and request for comments.
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SUMMARY: The U.S. Trade Representative has to submit a report to
Congress regarding the operation of the Caribbean Basin Initiative
(CBI) on or before December 31, 2023. The Trade Policy Staff Committee
(TPSC) invites comments concerning the operation of the CBI, including
the performance of each beneficiary country, to assist in preparing the
report to Congress on the operation of the CBI program.
DATES: The deadline for the submission of written comments is 11:59 EDT
on August 18, 2023.
ADDRESSES: You should submit written comments through the Federal
eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a> (<a href="http://regulations.gov">regulations.gov</a>),
using docket number USTR-2023-0006. Follow the instructions for
submissions in parts III and IV below.
FOR FURTHER INFORMATION CONTACT: For procedural questions concerning
written comments and for alternatives to online submissions, please
contact Katherine Stubblefield, Office of the Western Hemisphere, at
<a href="/cdn-cgi/l/email-protection#81cae0f5e9e4f3e8efe4afc4afd2f5f4e3e3ede4e7e8e4ede5c1f4f2f5f3afe4eef1afe6eef7"><span class="__cf_email__" data-cfemail="e4af85908c81968d8a81caa1cab7909186868881828d818880a491979096ca818b94ca838b92">[email protected]</span></a> or (202) 395-7528 in advance of
the deadline and before transmitting a comment.
SUPPLEMENTARY INFORMATION:
I. Background
Together, the Caribbean Basin Economic Recovery Act (CBERA), and
the Caribbean Basin Trade Partnership Act (CBTPA) (19 U.S.C. 2701 et
seq.) commonly are referred to as the Caribbean Basin Initiative or
CBI. Section 212(f)(1) of the CBERA, as amended (19 U.S.C. 2702(f)(1))
requires the U.S. Trade Representative to report on the performance of
each CBERA or CBTPA beneficiary country. Barbados, Belize, Curacao,
Guyana, Haiti, Jamaica, Saint Lucia, and Trinidad and Tobago receive
benefits under both CBERA and CBTPA. Antigua and Barbuda, Aruba, The
Bahamas, British Virgin Islands, Dominica, Grenada, Montserrat, Saint
Kitts and Nevis, and Saint Vincent and the Grenadines currently receive
benefits only under CBERA. For the purposes of this report, the term
`beneficiary country' includes both the independent countries and
dependent territories receiving benefits under CBTPA or CBERA.
As described in more detail below, the TPSC seeks comments on any
aspect of the CBI program's operation, including the performance of
CBERA and CBTPA beneficiary countries under the criteria described in
sections 212(b), 212(c), and 213(b)(5)(B) of the CBERA, as amended. You
can access the criteria at <a href="http://www.gpo.gov/fdsys/pkg/USCODE-2011-title19/html/USCODE-2011-title19-chap15.htm">http://www.gpo.gov/fdsys/pkg/USCODE-2011-title19/html/USCODE-2011-title19-chap15.htm</a>. The report also will
examine the CBI's effect on the volume and composition of trade and
investment between the United States and the CBI beneficiary countries
and
[[Page 46361]]
on advancing U.S. trade policy goals. You can access the most recent
CBI report at <a href="https://ustr.gov/sites/default/files/files/reports/2021/2021CBIReport.pdf">https://ustr.gov/sites/default/files/files/reports/2021/2021CBIReport.pdf</a>.
II. Reporting Requirements on the Eligibility Criteria for All CBI
Beneficiary Countries
The TPSC seeks comments on any aspect of the CBI program's
operation, including the performance of CBERA and CBTPA beneficiary
countries using the following criteria:
A. CBERA ``Mandatory'' Criteria
Under section 212(b) (19 U.S.C. 2702(b)), unless the President
determines that it is in the national economic or security interest of
the United States, they may not designate as a CBI beneficiary country
any country that:
1. Is a Communist country.
2. Has expropriated or nationalized property of U.S. citizens,
unless the President determines that the country is taking steps to
resolve the citizen's claim.
3. Fails to act in good faith in recognizing as binding or in
enforcing arbitral awards in favor of U.S. citizens or corporations
owned by U.S. citizens.
4. Affords preferential treatment to the products of a developed
country other than the United States that has, or is likely to have, a
significant adverse effect on U.S. commerce, unless the President has
received satisfactory assurances that the country will eliminate the
preferential treatment or acts to assure that there will be no
significant adverse effect.
5. Allows the broadcast of copyrighted material, including films or
television material belonging to United States copyright owners without
their express consent.
6. Is not a signatory to a treaty, convention, protocol, or other
agreement regarding the extradition of U.S. citizens.
7. Has not or is not taking steps to afford internationally
recognized worker rights as defined in section 507(4) of the Trade Act
of 1974, as amended (19 U.S.C. 2467(4)) to workers in the country
(including any designated zone in that country).
B. CBERA ``Discretionary'' Factors
Under section 212(c) (19 U.S.C. 2702(c)), the President may
consider the following factors in determining whether to designate any
country as a CBI beneficiary country:
1. An expression of a country's desire to be so designated.
2. The economic conditions and living standards in a country.
3. The extent to which a country has assured the United States that
it will provide equitable and reasonable access to the markets and
basic commodity resources of the country.
4. The degree to which a country follows the international trade
rules of the World Trade Organization and multilateral trade
agreements.
5. The degree to which a country uses export subsidies or imposes
export performance requirements or local content requirements that
distort international trade.
6. The degree to which the trade policies of a country as they
relate to other beneficiary countries are contributing to the
revitalization of the region.
7. The degree to which a country is undertaking self-help measures
to promote its own economic development.
8. Whether or not a country has taken or is taking steps to afford
to workers in that country (including any designated zone in that
country) internationally recognized worker rights.
9. The extent to which a country provides under its law adequate
and effective means for foreign nationals to secure, exercise, and
enforce exclusive intellectual property rights.
10. The extent to which a country prohibits its nationals from
broadcasting U.S. copyrighted materials, including film and television
material, without their express consent.
11. The extent to which a country cooperates with the United States
in the administration of CBI preferences.
C. CBTPA Eligibility Criteria
Under section 213(b)(5)(B) (19 U.S.C. 2703(b)(5)(B)), in
considering the eligibility of the CBI countries and dependent
territories that have expressed an interest in receiving the enhanced
preferences of the CBTPA, the President must take into account the
existing eligibility criteria of the CBERA, as well as several
additional revised criteria elaborated in the CBTPA. These additional
criteria are:
1. Whether the beneficiary country has demonstrated a commitment to
undertake its obligations under the World Trade Organization on or
ahead of schedule and participate in negotiations toward the completion
of the Free Trade Area of the Americas or another free trade agreement.
2. The extent to which the country provides protection of
intellectual property rights consistent with or greater than the
protection afforded under the Agreement on Trade-Related Aspects of
Intellectual Property Rights.
3. The extent to which the country provides internationally
recognized worker rights, including: the right of association; the
right to organize and bargain collectively; a prohibition on the use of
any form of forced or compulsory labor; a minimum age for the
employment of children; and acceptable conditions of work with respect
to minimum wages, hours of work, and occupational safety and health.
4. Whether the country has implemented its commitments to eliminate
the worst forms of child labor, as defined in section 507(6) of the
Trade Act of 1974, as amended (19 U.S.C. 2467(6)).
5. The extent to which the country has met U.S. counter-narcotics
certification criteria under the Foreign Assistance Act of 1961.
6. The extent to which the country has taken steps to become a
party to and implement the Inter-American Convention Against
Corruption.
7. The extent to which the country applies transparent,
nondiscriminatory and competitive procedures in government procurement,
and contributes to efforts in international fora to develop and
implement rules on transparency in government procurement.
III. Requirements for Submissions
To be assured of consideration, submit your written comments by the
August 18, 2023 11:59 p.m. EDT deadline. All submissions must be in
English. TPSC strongly encourages submissions via <a href="http://regulations.gov">regulations.gov</a>,
using Docket Number USTR-2023-0006. The TPSC will not accept hand-
delivered submissions.
To make a submission via <a href="http://regulations.gov">regulations.gov</a>, enter Docket Number USTR-
2023-0006 in the `search for' field on the home page and click
`search.' The site will provide a search results page listing all
documents associated with this docket. Find a reference to this notice
by selecting `notice' under `document type' in the `refine documents
results' section on the left side of the screen and click on the link
entitled `comment.' Regulations.gov allows users to make submissions by
filling in a `type comment' field or by attaching a document using the
`upload file' field. The TPSC prefers that you provide submissions in
an attached document and note `see attached' in the `comment' field on
the online submission form.
The TPSC prefers submissions in Microsoft Word (.doc) or Adobe
Acrobat (.pdf). If you use an application other than those two, please
indicate the
[[Page 46362]]
name of the application in the `type comment' field.
You must identify on the first page of the submission the subject
matter of the comment as the ``CBI Report to Congress.'' File names
should reflect the name of the person or entity submitting the
comments. Please do not attach separate cover letters, exhibits,
annexes, or other attachments to electronic submissions. Instead, to
the extent possible, please include these in the same file as the
comment itself, rather than submitting them as separate files.
Submissions should not exceed 30 single-spaced, standard letter-size
pages in 12-point type, including attachments.
You will receive a tracking number upon completion of the
submission procedure at Regulations.gov. The tracking number is
confirmation that Regulations.gov received your submission. Keep the
confirmation for your records.
The TPSC is not able to provide technical assistance for
Regulations.gov. For further information on using Regulations.gov,
please consult the resources provided on the website by clicking on
`How to Use Regulations.gov' on the bottom of the home page. The TPSC
may not consider submissions that you do not make in accordance with
these instructions.
If you are unable to provide submissions as requested, please
contact Katherine Stubblefield, Office of the Western Hemisphere, at
<a href="/cdn-cgi/l/email-protection#da91bbaeb2bfa8b3b4bff49ff489aeafb8b8b6bfbcb3bfb6be9aafa9aea8f4bfb5aaf4bdb5ac"><span class="__cf_email__" data-cfemail="f8b3998c909d8a91969dd6bdd6ab8c8d9a9a949d9e919d949cb88d8b8c8ad69d9788d69f978e">[email protected]</span></a> or (202) 395-7528, to arrange for
an alternative method of transmission.
General information concerning USTR is available at <a href="http://www.ustr.gov">www.ustr.gov</a>.
IV. Business Confidential Information (BCI) Submissions
If you ask the TPSC to treat information you submit as BCI, you
must certify that the information is business confidential and you
would not customarily release it to the public. For any comments
submitted electronically containing BCI, the file name of the business
confidential version should begin with the characters `BCI.' You must
clearly mark any page containing BCI with `BUSINESS CONFIDENTIAL' at
the top of that page. Additionally, you must include `Business
Confidential' in the `type comment' field. Filers of submissions
containing BCI also must submit a public version of their submission
that will be placed in the docket for public inspection. The file name
of the public version should begin with the character `P.' The TPSC
will post the non-confidential version in the docket and it will be
open to public inspection.
V. Public Viewing of Review Submissions
The TPSC will post written submissions in the docket for public
inspection, except properly designated BCI. You can view submissions at
<a href="http://regulations.gov">regulations.gov</a> by entering Docket Number USTR-2023-0006 in the search
field on the home page.
William Shpiece,
Chair of the Trade Policy Staff Committee, Office of the United States
Trade Representative.
[FR Doc. 2023-15222 Filed 7-18-23; 8:45 am]
BILLING CODE 3390-F3-P
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