Notice of Renaming the National
Administrative Office as the Office of Trade Agreement Implementation [12/23/2004]
Volume 69, Number 246, Page 77127-77131
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DEPARTMENT OF LABOR
Office of the Secretary
Bureau of International Labor Affairs; Notice of Renaming the
National Administrative Office as the Office of Trade Agreement
Implementation; Designation of That Office as the Contact Point for
Labor Provisions of Free Trade Agreements; and Request for Comments on
Procedural Guidelines
December 17, 2004.
AGENCY: Office of the Secretary, Labor.
ACTION: Notice of renaming; designation of contact point; and request
for comments on procedural guidelines.
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SUMMARY: The Secretary of Labor announces that the National
Administrative Office (NAO) of the Bureau of International Labor
Affairs (ILAB) is renamed as the Office of Trade Agreement
Implementation (Office) and will serve as the Contact Point for
purposes of administering the labor chapters of the U.S.-Chile and
U.S.-Singapore Free Trade Agreements, as well as labor provisions of
other free trade agreements to which the United States may become a
party to the extent authorized in such agreements, implementing
legislation, or accompanying statements of administrative action, and
the establishment of procedural guidelines pertaining to the public
submission process. The Office will maintain the designation of the NAO
and continue its function to administer Departmental responsibilities
under the North American Agreement on Labor Cooperation. The address
for this office is: Office of Trade Agreement Implementation, Bureau of
International Labor Affairs, U.S. Department of Labor, 200 Constitution
Avenue, NW., Room S-5205, Washington, DC 20210. The telephone numbers
are (office) 202-693-4900 and (facsimile) 202-693-4910.
Written comments and suggestions on the procedural guidelines are
requested.
DATES: Effective Date: The renaming and designation of the functions of
the Office are effective on December 17, 2004.
Comment Date: Written comments and suggestions on the procedural
guidelines should be submitted by February 22, 2005.
ADDRESSES: Please send comments to USNAO@dol.gov or to the Director of
the Office of Trade Agreement Implementation, Bureau of International
Labor Affairs, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Room S-5205, Washington, DC 20210. Telephone: (202) 693-4900, facsimile
(202) 693-4910. Comments provided in electronic format are preferred.
FOR FURTHER INFORMATION CONTACT: Director, Office of Trade Agreement
Implementation, Bureau of International Labor Affairs, U.S. Department
of Labor, 200 Constitution Avenue, NW., Room S-5205, Washington, DC
20210. Telephone: (202) 693-4900 (this is not a toll-free number).
SUPPLEMENTARY INFORMATION: The U.S.-Chile Free Trade Agreement was
signed by the United States of America and the Republic of Chile on
June 6, 2003. The Governments of the countries exchanged notes
providing for the entry into force of the Agreement on January 1, 2004.
See Public Law 108-77, 117 Stat. 909 (Sept. 3, 2003), the U.S.-Chile
Free Trade Agreement Implementation Act. The U.S.-Singapore Free Trade
Agreement was signed by the United States of America and the Republic
of Singapore on May 6, 2003. The Governments of the countries exchanged
notes providing for the entry into force of the Agreement on January 1,
2004. See Public Law 108-78, 117 Stat. 948 (Sept. 3, 2003), the U.S.-
Singapore Free Trade Agreement Implementation Act. The North American
Agreement on Labor Cooperation (NAALC) was signed by the United States,
Mexico, and Canada in September 1993 and became effective January 1,
1994. See Public Law 103-182, 107 Stat. 2057 (Dec. 8, 1993), the North
American Free Trade Agreement Implementation Act.
Article 15 of the NAALC requires each Party to establish a National
Administrative Office. The U.S. NAO was established by the Secretary of
Labor on January 1, 1994. See 58 FR 69410 (Dec. 30, 1993) and 59 FR
16660 (Apr. 7, 1994). Article 16 of the NAALC provides that the NAO
shall serve as a point of contact with governmental agencies of that
Party, NAOs of the other Parties, and the Secretariat of the Commission
for Labor Cooperation. Additionally, the NAO is to provide for the
submission and receipt of public communications on labor law matters
arising in the territory of another Party.
Article 18.4.3 of the U.S.-Chile FTA and Article 17.4.2 of the
U.S.-Singapore FTA require each Party to designate an office within its
labor ministry to serve as a contact point with the other Party, and
with the public, for the purpose of implementing the labor chapters.
Each contact point is to provide for the submission, receipt, and
consideration of public communications on matters related to the
chapters.
Paragraph 2 of Annex 18.5 of the U.S.-Chile FTA and paragraph 2(a)
of Annex 17A of the U.S.-Singapore FTA also provide for the
establishment of labor ministry contact points to support the work of a
Labor Cooperation Mechanism established under each labor chapter. In
addition, Article 18.4.6 of the U.S.-Chile FTA and Article 17.4.3 of
the U.S.-Singapore FTA provide that each Party may convene an advisory
committee to provide views or advice on the implementation of the labor
chapters.
The attached notice provides for the renaming of the NAO as the
Office of Trade Agreement Implementation and that it shall serve as the
Contact Point for the labor provisions of the U.S.-Chile and U.S.-
Singapore FTAs. It also provides that the Office shall serve as a
contact point for matters under labor chapters of other FTAs to which
the United States may become a party to the extent authorized in such
agreements, implementing legislation, or accompanying statements of
administrative action. The Office will have the responsibility for
administering U.S. responsibilities under the labor chapters and the
NAALC, including serving as a contact point between the labor
ministries of the Parties, serving as a contact point with the public
on the labor chapters and the NAALC, providing for the submission,
receipt, consideration, and review of public communications on matters
related to the labor chapters and the NAALC, providing support to any
advisory committees that may be convened or consulted pursuant to the
labor chapters or the NAALC, and coordinating work under the mechanisms
for labor cooperation established under the labor chapters and the
cooperative activities program of the NAALC.
The attached notice provides for an open and transparent process
regarding compliance by Chile and Singapore with the obligations of the
labor chapter of each FTA, as appropriate, by other parties to labor
chapters of other FTAs to which the United States may become a party,
and by Mexico and Canada with the obligations of the NAALC. It provides
for receipt and review of public submissions on matters related to a
labor chapter or the NAALC. Within 60 days of receipt of a submission,
the Office will initiate a review of the matter or advise the
submitting party and the public that a review is not appropriate. At
the conclusion of each review, the Office will publish a public report.
The Office will periodically publish a list of public submissions. The
Office also may undertake a review on
[[Page 77129]]
its own initiative on relevant labor matters.
The Notice of Renaming the National Administrative Office as the
Office of Trade Agreement Implementation and Designation of that Office
as the Contact Point for Labor Provisions of Free Trade Agreements set
forth below replaces the Revised Notice of Establishment published on
April 7, 1994 (59 FR 16660).
Signed at Washington, DC on December 17, 2004.
Elaine L. Chao,
Secretary of Labor.
Notice of Renaming of the National Administrative Office as the Office
of Trade Agreement Implementation and Designation of That Office as the
Contact Point for Labor Provisions of Free Trade Agreements
Section A. Renaming and Designation
1. The National Administrative Office, Bureau of International
Labor Affairs, U.S. Department of Labor established January 1, 1994, 59
FR 16660 (Apr. 7, 1994), is renamed as the Office of Trade Agreement
Implementation, Bureau of International Labor Affairs, U.S. Department
of Labor.
2. The Office of Trade Agreement Implementation is designated as
the Contact Point as required by Article 18.4.3 and Annex 18.5 of the
U.S.-Chile FTA and Article 17.4.2 and Annex 17A of the U.S.-Singapore
FTA.
3. The Office of Trade Agreement Implementation is designated as a
contact point for labor chapters of other FTAs to which the United
States may become a party to the extent authorized in such agreements,
implementing legislation, or accompanying statements of administrative
action.
4. The Office of Trade Agreement Implementation retains the
functions of, and designation as, the National Administrative Office to
administer Departmental responsibilities under the North American
Agreement on Labor Cooperation. The Director of the Office of Trade
Agreement Implementation retains the functions of, and designation as,
the Secretary of the National Administrative Office under Article 15 of
the North American Agreement on Labor Cooperation.
Section B. Definitions
As used herein:
``FTA'' means the U.S.-Chile Free Trade Agreement, the U.S.-
Singapore Free Trade Agreement, or other free trade agreement to which
the United States may become a party;
``another Party'' or ``other Party'' means a country other than the
United States that is a Party to an FTA or the NAALC;
``Commission for Labor Cooperation'' means the Commission for Labor
Cooperation established pursuant to Article 8 of the NAALC;
``Cooperative Activities Program'' means the program of cooperative
activities undertaken by the Parties to the NAALC;
``Labor Affairs Council'' means the Labor Affairs Council
established pursuant to Article 18.4.1 of the U.S.-Chile Free Trade
Agreement or pursuant to another FTA;
``labor chapter'' means Chapter Eighteen of the U.S.-Chile FTA,
Chapter 17 of the U.S.-Singapore FTA, or a labor chapter of another
FTA;
``Labor Cooperation Mechanism'' means the mechanism established
pursuant to Article 18.5 of the U.S.-Chile FTA or Article 17.5 of the
U.S.-Singapore FTA, or a similar mechanism established pursuant to
another FTA;
``labor organization'' includes any organization of any kind,
including such local, national, and international organizations or
federations, in which employees participate and which exists for the
purpose, in whole or in part, of dealing with employers concerning
grievances, labor disputes, wages, rates of pay, hours, or other terms
or conditions of employment;
``NAALC'' means the North American Agreement on Labor Cooperation;
``non-governmental organization'' means any scientific,
professional, business, non-profit, or public interest organization or
association which is neither affiliated with, nor under the direction
of, a government;
``Office'' means Office of Trade Agreement Implementation;
``Party'' means a Party to an FTA or the NAALC;
``person'' includes one or more individuals, non-governmental
organizations, labor organizations, partnerships, associations,
corporations, or legal representatives; and
``Subcommittee'' means a Subcommittee on Labor Affairs that may be
established by the Joint Committee pursuant to Article 17.4.1 of the
U.S.-Singapore FTA or pursuant to another FTA.
Section C. Functions of the Office of Trade Agreement Implementation
1. The Office shall encourage input and receive communications from
the public on any matter related to a labor chapter of an FTA,
including its Labor Cooperation Mechanism, and the NAALC, including its
Cooperative Activities Program. The Office shall consider the views
expressed by the public, consult, as appropriate, with U.S. and foreign
government and non-government representatives, and provide appropriate
and prompt responses.
2. The Office shall provide assistance to the Secretary of Labor on
all matters concerning a labor chapter of an FTA, including the
development and implementation of a Labor Cooperation Mechanism, and
the NAALC, including the development and implementation of a
Cooperative Activities Program.
3. The Office shall serve as a point of contact with agencies of
the United States Government, a contact point of another Party, the
public, governmental working or expert groups, business
representatives, labor organizations, and non-governmental
organizations concerning matters under a labor chapter or the NAALC.
4. The Office shall promptly provide publicly available information
pursuant to Article 14 of the NAALC as requested by the Secretariat of
the Commission for Labor Cooperation, the National Administrative
Office of another Party, or an Evaluation Committee of Experts.
5. The Office shall receive, determine whether to accept for
review, and review submissions on another Party's commitments and
obligations arising under a labor chapter or the NAALC, as set out in
Sections F, G, and H.
6. The Office may, at the direction of the Director, initiate a
review of any matter arising under a labor chapter or the NAALC.
7. The Office may request, undertake, and participate in
consultations with another Party pursuant to Article 18.6 of the U.S.-
Chile FTA, Article 17.6 of the U.S.-Singapore FTA, Parts Four and Five
of the NAALC, or pursuant to another FTA, regarding any matter arising
under a labor chapter or the NAALC, and shall respond to requests for
such consultations made by another Party.
8. The Office shall assist a Labor Affairs Council or Subcommittee
or the Commission for Labor Cooperation on any relevant matter.
9. The Office shall, as appropriate, establish working or expert
groups; consult with and seek advice of non-governmental organizations
or persons; prepare and publish reports as set out in Section J and on
matters related to the implementation of a labor chapter pursuant to
Article 18.4.4 of the U.S.-Chile FTA or Article 17.4.5 of the U.S.-
Singapore FTA, or pursuant to another FTA; collect and maintain
information on labor law matters involving another Party; and compile
materials concerning labor law legislation of another Party.
[[Page 77130]]
10. The Office shall consider the views of any advisory committee
established or consulted to provide advice in administering a labor
chapter or the NAALC.
11. The Office shall consult with the United States Trade
Representative, the Department of State, and other appropriate entities
of the U.S. Government in carrying out its responsibilities under the
labor chapters and the NAALC.
Section D. Cooperation
1. The Office shall conduct at all times its activities in
accordance with the principles of cooperation and respect embodied in
the FTAs and the NAALC. In its dealings with a contact point of another
Party and all persons, the Office shall endeavor to the maximum extent
possible to resolve matters through consultation and cooperation.
2. The Office shall consult with the contact point of another Party
during the submission and review process set out in Sections F, G and H
in order to obtain information and resolve issues that may arise.
3. The Office, on behalf of the Department of Labor and with other
appropriate agencies, shall develop and implement cooperative
activities under a Labor Cooperation Mechanism of an FTA and the
Cooperative Activities Program of the NAALC. The Office may carry out
such cooperative activities through any means the Parties deem
appropriate, including exchange of government delegations,
professionals, and specialists; sharing of information, standards,
regulations and procedures, and best practices; organization of
conferences, seminars, workshops, meetings, training sessions, and
outreach and education programs; development of collaborative projects
or demonstrations; joint research projects, studies, and reports; and
technical exchanges and cooperation.
4. The Office shall receive and consider views on cooperative
activities from worker and employer representatives and from other
members of civil society.
Section E. Information
1. The Office shall maintain public files where submissions,
transcripts of hearings, Federal Register notices, reports, advisory
committee information, and other public information shall be available
for inspection during normal business hours, subject to the terms and
conditions of the Freedom of Information Act, 5 U.S.C. 552.
2. Information submitted by a person or another Party to the Office
in confidence shall be treated as exempt from public inspection if the
information meets the requirements of 5 U.S.C. 552(b) or as otherwise
permitted by law. Each person or Party requesting such treatment shall
clearly mark ``submitted in confidence'' on each page or portion of a
page so submitted and furnish an explanation as to the need for
exemption from public inspection. If the material is not accepted in
confidence it will be returned promptly to the submitter with an
explanation for the action taken.
3. The Office shall be sensitive to the needs of an individual's
confidentiality and shall make every effort to protect such
individual's interests.
Section F. Submissions
1. Any person may file a submission with the Office regarding
another Party's commitments or obligations arising under a labor
chapter or Part Two of the NAALC. Filing may be by electronic
transmission, hand delivery, mail delivery, or facsimile transmission.
A hard copy submission must be accompanied by an electronic version in
a current Word or Word Perfect format, including attachments unless it
is not practicable.
2. The submission shall identify clearly the person filing the
submission and shall be signed and dated. It shall state with
specificity the matters that the submitter requests the Office to
consider and include supporting information available to the submitter,
including, wherever possible, copies of laws or regulations which are
the subject of the submission. As relevant, the submission shall
address and explain to the fullest extent possible whether:
(a) the matters referenced in the submission demonstrate action
inconsistent with another Party's commitments or obligations under a
labor chapter or the NAALC, noting the particular commitment or
obligation;
(b) there has been harm to the submitter or other persons, and, if
so, to what extent;
(c) the matters referenced in the submission demonstrate a
sustained or recurring course of action or inaction of non-enforcement
of labor law by the other Party;
(d) the matters referenced in the submission affect trade between
the parties;
(e) the course of action or inaction reflects something other than
a reasonable exercise of discretion or a bona fide decision regarding
the allocation of resources;
(f) relief has been sought under the domestic laws of the other
Party, and, if so, the status of any legal proceedings; and
(g) the matters referenced in the submission are pending before an
international body.
Section G. Acceptance of Submissions
1. Within 60 days after the filing of a submission, the Office
shall determine whether to accept the submission for review. The Office
may communicate with the submitter during this period regarding any
matter relating to the determination.
2. In determining whether to accept a submission for review, the
Office shall consider whether:
(a) the submission raises issues relevant to any matter arising
under a labor chapter or the NAALC;
(b) a review would further the objectives of a labor chapter or the
NAALC;
(c) the submission clearly identifies the person filing the
submission, is signed and dated, and is sufficiently specific to
determine the nature of the request and permit an appropriate review;
(d) the statements contained in the submission, if substantiated,
would constitute a failure of the other Party to comply with its
obligations under a labor chapter or the NAALC;
(e) the statements contained in the submission or available
information demonstrate that appropriate relief has been sought under
the domestic laws of the other Party, or that the matter or a related
matter is pending before an international body; and
(f) the submission is substantially similar to a recent submission
and significant, new information has been furnished that would
substantially differentiate the submission from the one previously
filed.
3. If the Office accepts a submission for review, it shall promptly
provide written notice to the submitter, the relevant Party, and other
appropriate persons, and promptly publish in the Federal Register
notice of the determination, a statement specifying why review is
warranted, and the terms of the review.
4. If the Office declines to accept a submission for review, it
shall promptly provide written notice to the submitter stating the
reasons for the determination.
Section H. Reviews and Public Reports
1. Following a determination by the Office to accept a submission
for review, the Office shall conduct such further examination of the
submission as may
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be appropriate to assist it to better understand and publicly report on
the issues raised. The Office shall keep the submitter apprised of the
status of a review.
2. Except for information exempt from public inspection pursuant to
Section E, information relevant to a review shall be placed in a public
file.
3. The Office shall provide a process for the public to submit
information relevant to the review, including holding a public hearing
as appropriate.
4. Notice of any such hearing under paragraph 3 shall be published
in the Federal Register 30 days in advance. The notice shall contain
such information as the Office deems relevant, including information
pertaining to requests to present oral testimony and written briefs.
5. Any hearing shall be open to the public. All proceedings shall
be conducted in English, with simultaneous interpretation provided as
the Office deems necessary.
6. Any hearing shall be conducted by an official of the Office or
another Departmental official, assisted by staff and legal counsel, as
appropriate. The public file shall be made part of the hearing record
at the commencement of the hearing.
7. Within 120 days of the acceptance of a submission for review,
unless circumstances as determined by the Office require an extension
of time of up to 60 additional days, the Office shall issue a public
report.
8. The report shall include a summary of the proceedings and any
findings and recommendations.
Section I. Recommendations to the Secretary of Labor
1. The Office may at any time make a recommendation to the
Secretary of Labor as to whether the United States should request
consultations with another Party pursuant to Article 18.6.1 of the
U.S.-Chile FTA or Article 17.6.1 of the U.S.-Singapore FTA, or pursuant
to another FTA, or consultations with another Party at the ministerial
level pursuant to Article 22 of the NAALC. As relevant and appropriate,
the Office shall include any such recommendation in the report prepared
in response to a submission.
2. If, following such consultations, the Office determines that the
matter has not been resolved satisfactorily, it shall make a
recommendation to the Secretary of Labor concerning the convening of a
Labor Affairs Council or Subcommittee pursuant to an FTA, or the
establishment of an Evaluation Committee of Experts pursuant to Article
23 of the NAALC, as relevant.
3. If the mechanisms referred to in paragraph 2 are invoked and the
Office determines that the matter subsequently remains unresolved, and
the matter concerns whether a Party is conforming with an obligation
under a labor chapter, such as Article 18.2.1.a of the U.S.-Chile FTA
or Article 17.2.1.a of the U.S.-Singapore FTA, or Part Two of the
NAALC, that is subject to the dispute settlement provisions of an FTA
or the NAALC, the Office shall make a recommendation to the Secretary
of Labor concerning pursuit of dispute resolution under such
provisions.
Section J. Periodic and Special Reports
1. The Office shall publish periodically a list of submissions
presented to it, including a summary of the disposition of such
submissions.
2. The Office shall obtain and publish periodically information on
public communications considered by the other Parties.
3. The Office may undertake reviews and publish special reports on
any topics under its purview on its own initiative or upon request from
the Secretary of Labor.
[FR Doc. 04-28084 Filed 12-22-04; 8:45 am]
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