*EPF505 08/09/2002
Text: U.S. Proposes Opening WTO Dispute-Settlement Proceedings
(Guidelines sought for handling briefs from non-parties) (910)

The United States has submitted a proposal to open World Trade Organization (WTO) dispute-settlement proceedings to the public, the Office of the U.S. Trade Representative (USTR) says.

In an August 9 press release, USTR said the United States also requests consideration of rules for handling submissions from interested non-parties to a WTO dispute case such as nongovernmental organizations.

USTR said the proposal, submitted in Geneva, was the first offered by the United States on this issue during the current round of negotiations, which were launched in November in Doha, Qatar.

"The United States has been the leader in advocating greater transparency at the WTO, and today's proposal reaffirms that leadership," U.S. Trade Representative Robert Zoellick said.

The proposal would allow public attendance at most dispute-settlement meetings and prompt public access to briefs and hearing statements from those meetings as well as to final panel reports.

Following is the text of the press release:

(begin text)

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Executive Office of the President
Washington, D.C.
20508

August 9, 2002

United States Proposes Greater Openness for WTO Disputes
Proposal Advances Discussions on Doha Agenda

WASHINGTON -- The United States today submitted a proposal to expand transparency and public access to World Trade Organization dispute-settlement proceedings. The proposal would open WTO dispute-settlement proceedings to the public for the first time and give greater public access to briefs and panel reports. The United States submitted the proposal in connection with the ongoing Doha Agenda negotiations taking place in Geneva to improve and clarify WTO dispute-settlement rules.

"The United States has been the leader in advocating greater transparency at the WTO, and today's proposal reaffirms that leadership," said U.S. Trade Representative Robert B. Zoellick. "WTO rules have brought tremendous benefits to U.S. farmers, workers and businesses. Public confidence in how those rules are enforced improves with greater openness. Today's proposal would open the door to the public, and thereby open the door to greater understanding and acceptance of the WTO."

In addition to open hearings, public briefs, and early public release of panel reports, the U.S. proposal calls on WTO members to consider rules for "amicus curiae" submissions -- submissions by non-parties to a dispute. WTO rules currently allow such submissions, but do not provide guidelines on how they are to be considered. Such guidelines would provide a clearer roadmap for handling amicus submissions.

Today's proposal builds on past U.S. efforts and successes on transparency in WTO dispute-settlement proceedings. In 2000, the United States was the first WTO member to post its dispute-settlement briefs on its website (www.ustr.gov/enforcement/briefs.shtml) immediately upon submission. Several other WTO members now post their briefs as well or otherwise make them publicly available shortly after submission. The United States also seeks in every dispute to obtain the agreement of the other party to open panel hearings to the public. In addition, the United States successfully argued in a 1998 WTO case that amicus submissions are permitted under current WTO rules.

Today's proposal is a first step in the efforts of the United States to work with other delegations to improve the WTO dispute-settlement system.

Background

The meeting of WTO trade ministers in Doha, Qatar, in November 2001 called for negotiations to clarify and improve the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes [DSU]. The U.S. proposal will be considered by the Special Session of the WTO Dispute Settlement Body, which is handling these negotiations.

Today's proposal is the first U.S. proposal in these particular negotiations. The United States will continue to work with other countries on other improvements to the DSU. The U.S. Proposal to Expand Transparency in WTO Disputes includes the following provisions:

-- Open hearings: The public could observe all substantive panel, Appellate Body and arbitration meetings, except those portions dealing with confidential information;

-- Timely access to submissions: All briefs and hearing statements would be made public, except those portions dealing with confidential information;

-- Timely access to final panel reports: Final panel reports would be made available to WTO members and the public once the reports are issued to the parties; and

-- Amicus curiae submissions: Consideration of guidelines to establish procedures for the handling of amicus submissions.

(end text)

(Distributed by the Office of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)

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