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Federal Register / Vol. 86, No. 128 / Thursday, July 8, 2021 / Notices II. Reporting Requirements on the Eligibility Criteria for All CBI
Beneficiary Countries The TPSC seeks comments on any aspect of the CBIs operation, including the performance of CBERA and CBTPA
beneficiary countries using the following criteria:
A. CBERA Bases for Ineligibility
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Under section 212b 19 U.S.C.
2702b, the President cannot designate a country as a CBI beneficiary country:
1. If it is a Communist country.
2. If it has expropriated or nationalized property owned by a U.S.
citizen or by a corporation owned by U.S. citizens, unless the President determines that the country is taking steps to resolve the matter.
3. If it fails to act in good faith in recognizing as binding or in enforcing arbitral awards in favor of a U.S. citizen or a corporation owned by U.S. citizens.
4. If it 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 this preferential treatment or that action will be taken to assure that there will be no significant adverse effect.
5. If a government-owned entity in the country engages in the broadcast of copyrighted material, including films or television material, belonging to United States copyright owners without their express consent.
6. Unless it is a signatory to a treaty, convention, protocol, or other agreement regarding the extradition of U.S. citizens.
7. If it has not or is not taking steps to afford internationally recognized worker rights as defined in section 5074 of the Trade Act of 1974, as amended 19 U.S.C. 24674 to workers in the country including any designated zone in that country.
Paragraphs 1, 2, 3, 5 and 7 do not prevent the designation of any country as a CBI beneficiary country if the President determines that the designation will be in the national economic or security interest of the United States and reports that determination to Congress.
B. CBERA Factors Determining Designation In determining whether to designate a country as a CBI beneficiary country, section 212c 19 U.S.C. 2702c, requires the President to take into account the following factors:

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1. An expression of a countrys 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 the country follows the international trade rules of the World Trade Organization WTO.
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 adequate and effective legal 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 213b5B 19 U.S.C.
2703b5B, 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 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 WTO on or ahead of schedule and participate in negotiations toward the completion of the Free Trade Area of the Americas FTAA 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
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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 5076 of the Trade Act of 1974, as amended 19 U.S.C.
24676.
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 The TPSC must receive your comments by the August 31, 2021
deadline. You must make all submissions in English via Regulations.gov, using Docket Number USTR20210011. USTR will not accept hand-delivered submissions.
To make a submission using Regulations.gov, enter the appropriate docket number 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 filter results by section on the left side of the screen and click on the link entitled comment now. You must identify on the first page of the submission the subject matter of the comment as the CBI
Report to Congress. Regulations.gov offers the option of providing comments by filling in a type comment field or by attaching a document using the upload files field. The TPSC prefers that you provide submissions in an attached document and note see attached in the type comment field on the online submission form.

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