Thursday November 9, 2006
Conforming Measures in all 50 U.S. states, the District of Columbia and Puerto Rico do not know the official text.
The official text released by COMEX and the publication of the FTA in the Official Journal does not contain non-conforming measures, folio 759 of the U.S. official text.
document published in the Gazette is silent as to the description of the non-conforming measure. The official English text is known in the United States and lowest in Guatemala does include it.
The FTA with the United States provides non-conforming measures in all 50 U.S. states plus non-conforming measures in the District of Columbia and Puerto Rico, who do not know the official text and have a direct impact on the implementation of the FTA. "Once again this shows that NAFTA, the document is known here, is not complete, we are uncertain of the true implications of its ratification." Emphasized the deputy of the PAC, Sadie Bravo Maroto.
This treaty was agreed to negotiate under the logic of "negative list", this means that all sectors, all services, all economic activities and legislation of the country is subjected to TLC, except what is included in the "negative list" or "non-conforming measures." It is vitally important to know then what and under what limitations will run the rule for partnerships.
The text of the FTA, in the list of non-conforming measures in Annex 1 to the U.S. case, at page 759, provides that for all sectors in the affected obligations of "National Treatment "Most Favored Nation Treatment," "Local Presence", "Performance Requirements", senior executives and boards of directors and for all U.S. states, the District of Columbia and Puerto Rico, at the regional level will be considered as non-conforming measures these "non-discriminatory measures."
is a need to know what the non-conforming measures of these states and districts, because in practice the exclusions have been made in these regions can maintain trade protection to stop at a disadvantage to our country, giving U.S. , obliquely, the possibility of applying a principle of "list positive "and circumvent the" negative list ", since it has the right to exclude in all States and also in Columbia and Puerto Rico, while Costa Rica could be subject to the" negative list. "
"Could it be that the Members who have spoken out in favor of the FTA, they do so aware that this information is missing? Do you know what is this strategic information? How criteria are issued for not knowing all the rules of the game? "Questioned the deputy Sadie Maroto Bravo
Doubts also should be evacuated by the business sector of this that consider that they are detrimental to the disapproval of the FTA. "Do you know where these measures in the FTA does not apply?, You know who and how you can develop, modify, continue, renew, subordinate, adopt, maintain or expand these measures inconsistent?, Do you understand under what conditions, as a country we are left with United States? "continued the legislator.
The controversial folio 759, gives the possibility to all U.S. states, the District of Columbia and Puerto Rico and all political subdivisions of a State of the United States to develop, modify, continue, renew, subordinate , adopt, maintain or expand non-conforming measures. This raises even more doubts and the fraction of PAC are questions whether those favoring NAFTA understand or know the NAFTA Implementation Act in United States.
For the PAC fraction of the English versions of TLC that is handled in Guatemala and the United States do contain the description in the form of this non-conforming measures of the 50 states and two districts, which could imply that in reality the Treaty is pending in the Legislature, which is not actually applied.
In Costa Rica the official text released by COMEX does not clarify this point, neither NAFTA contains the publication in the Official Journal. This is of concern to the PAC fraction of the target since the publication of projects and laws in the Gazette must comply with the principle of publicity. "This must be fully complied to enable citizens to be adequately informed about the scope of projects and of law, on the potential benefits or harm and thus enable the citizenry as a repository of sovereignty to exercise their constitutional right to hold accountable those transient are their representatives at the First Branch of the Republic, but if the citizens and, if productive and social sectors of this country have no real and reliable information, how they define their positions and how they will perform their duties correctly, "insisted Rep. Maroto Bravo.
The PAC for the sake of transparency that negotiators did not show this FTA has requested this information to be incorporated in the record, that all Costa Rican citizens can better understand you are committing Costa Rica, to is limiting and which are the hidden truths, half truths such as demonstrated in the office 759.
At the same time the consultation letters sent Deputy Chamber and the media, with a copy to the Ombudsman and the Costa Rican population.
The law implementing the Free Trade Agreement Dominican Republic - Central America - United States. It provides in section 102 the following:
RELATIONSHIP UNDER THE LAWS OF
STATES UNITED STATES, AND THE LAWS OF THE UNITED STATES
(a) RELATIONSHIP OF AGREEMENT WITH THE LAW U.S.
(1) THE LAW OF THE UNITED STATES HAS TO PREVAIL IN THE EVENT OF CONFLICT. They should not take effect any provision of this Agreement or the application of any provision to any person or circumstance, that may be inconsistent with any of U.S. laws.
(2) INTERPRETATION. Not be construed as nothing in this Act
(A) amend or modify any U.S. law or
(B) limits any authority that has been conferred by any law
United States, Unless this Act specifically provided for as well.
(b) RELATIONSHIP OF AGREEMENT WITH THE LAWS OF THE STATES UNITED STATES
(1) objection to the law. It will not be possible to declare invalid any law of any U.S. state or the application thereof to any person or circumstance, with the argument that that provision or application is inconsistent with the Agreement, except in the United States to initiate a process to declare invalid any law or application thereof.
(2) DEFINITION OF LAWS OF UNITED STATES STATES. For purposes of this subsection, the term "laws of the States United States" includes:
(A) any law of a political subdivision of a State of
United States and
(B) any law of a U.S. State or severely regulating the insurance industry
.
(c) EFFECT OF AGREEMENT WITH RESPECT TO THE REMEDIES OF INDIVIDUALS. No person except the United States
(1) may invoke causes of action or defense under the Agreement or under the approval of the Congress, or
(2) may object, in any process initiated under any provision of law, any act or omission of any department, agency or institution of the United States, any State that form, or any political subdivision of any State, arguing that the act or omission is inconsistent with the Agreement.
OFICINA DE COMUNICACIÓN CIUDADANA. FRACCION PARTIDO ACCION CIUDADANA.
comunicaciones-pac@asamblea.go.cr Teléfono: 243-2180/243-2012 www.pac.or.cr
