Page:United States Statutes at Large Volume 108 Part 6.djvu/248

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108 STAT. 4816 PUBLIC LAW 103-465—DEC. 8, 1994 potentially have a direct effect on, the States. The Federal- State consultation process shall include procedures under which— (i) the States will be informed on a continuing basis of matters under the Uruguay Roimd Agreements that directiy relate to, or will potentially have a direct impact on, me States; (ii) the States will be provided an opportunity to submit, on a continuing basis, to the Trade Representative information and advice with respect to matters referred to in clause (i); and (iii) the Trade Representative will take into account the information and advice received fix)m the States under clause (ii) when formulating United States positions regarding matters referred to in clause (i). The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Federal-State consultation process established Dy this paragraph. (C) FEDERAL-STATE COOPERATION IN WTO DISPUTE SETTLEMENT.— (i) When a WTO member requests consultations with the United States under Article 4 of the Understanding on Rules and Procediu^s Governing the Settlement of Disputes referred to in section 10l(d)(l6) (hereafter in this subsection referred to as the "Dispute Settlement Understanding^') concerning whether the law of a State is inconsistent with me obligations undertaken by the United States in any of the Uruguay Round Agreements, the Trade Representative shall notify the Governor of the State or the Governor's designee, and the chief legal officer of the jurisdiction whose law is the subject of the consultations, as soon as possible after the request is received, but in no event later than 7 days thereafter. (ii) Not later than 30 days after receiving such a request for consultations, the Trade Representative shall consult with representatives of the State concerned regarding the matter. If the consultations involve the laws of a large number of States, the Trade Representative may consult with an appropriate group of representatives of the States concerned, as determinea by those States. (iii) The Trade Representative shall make every effort to ensure that the State concerned is involved in the development of the position of the United States at each stage of the consultations and each subsequent stage of dispute settlement proceedings regarding the matter. In particular, the Trade Representative shall— (I) notify the State concerned not later than 7 days after a WTO member requests the establishment of a dispute settlement panel or gives notice of the WTO member's decision to appeal a report by a dispute settlement panel regarding the matter, and (II) provide the State concerned with the opportunity to advise and assist the Trade Rep-