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3 Administrative Conference News 1 (1989)

handle is hein.usfed/admcfnws0003 and id is 1 raw text is: ADMINISTRATIVE CONFERENCE NEWS 0N Administrative Conference of the United States Spring 1989 Volume I, Number 1 OVER 300 ATTEND CONFERENCE'S FTA DISPUTE RESOLUTION SEMINAR On February 10th, over 300 persons took part in a seminar sponsored by the Administrative Conference on handling disputes under the new U.S. - Canada Free Trade Agreement. Held in the Lay Henderson Room of the State Depart- ment, The U.S., Canada and Free Trade - New Frontiers in Dispute Resolution brought together 35 distinguished pan- N.Y. U. Law School Professor Andreas F. Lowenfeld delivered the keynote address. elists. The seminar preceded the close of the public comment period on two sets of rules which implement the FTA: the Department of Commerce's Chap- ter 19 interim rules and the Interna- tional Trade Commission's proposed rules on antidumping and countervail- ing duty panel proceedings. Chairman Marshall Breger opened the seminar. He stated that the FTA's processes have potential to ensure that binational trade frictions are dealt with promptly before they escalate and that trade laws are administered in a fair, timely, predictable manner. These goals may be crucial to the FTA's success, even its survival. A morning discussion explored FTA Chapter 19 which provides for bina- tional panels to review agency anti- dumping/countervailing duty decisions. The afternoon sessions focused on Chapter 18, which covers a broad range of trade disputes between the two coun- tries and the establishment of adminis- trative dispute handling institutions. Pan- elists included government representa- tives, the bar, academia, and other in- ternational trade and ADR experts. Au- dience questions and comments were also allowed as part of the discussions. Participants discussed applicability of mediation, appropriate roles of the panels in interpreting and creating precedent, operation of the panels, and lessons of the GATT and other international dis- pute settlement experiences relevant to the developing procedures under the FTA. The seminar was part of the Confer- ence interagency agreement with the Department of Commerce undertaken to examine ADR issues associated with FTA processes. A Conference Com- mittee on Administrative Procedures under the FTA has been created to bring (continued on page 4) Highlights December Plenary 3 FSLIC Bailout 5 Ethics in Government 7 Columns Notes from the Chairman 2 In Print 4 Research Update 5 Legislative Developments 6 Membership News 7 RegNeg Watch 8 Interagency Transfers For Research Assistance Agencies encountering administra- tive or procedural problems frequently ask the Conference for assistance. Sometimes an agency seeks research or advisory assistance which requires re- sources the Conference does not have. In these situations, an Interagency Trans- fer under the Economy Act, 31 U.S.C. §§1535, 1536 can be arranged to fund the necessary assistance. These transfers are generally more efficient and the research is of higher quality than an agency would be able to obtain otherwise, says William J. Olmstead, Executive Director. He indicated that frequently agencies will establish an advisory committee or solicit contract proposals through Commerce Business Daily to address administra- tive process issues. These same serv- ices are available through the Confer- ence by using the Economy Act. (continued on page 4)

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