2017 Special 301 Out-of-Cycle Review of Colombia: Request for Public Comment

In the 2017 Special 301 Report, the Office of the United States Trade Representative (USTR) announced that, in order to monitor progress on specific intellectual property rights (IPR) issues, USTR would conduct an out-of-cycle review of Colombia. At this time, USTR requests written comments concerning any act, policy, or practice that is relevant to the decision regarding whether and how USTR should identify Colombia based on Colombia's protection for intellectual property rights or market access Columbia provides to U.S. persons who rely on intellectual property protection.

DATES: October 20, 2017 at midnight EST: Deadline for submission of written comments. October 27, 2017 at midnight EST: Deadline for submission of written comments from foreign governments.

I. Background

Pursuant to Section 182 of the Trade Act of 1974 (19 U.S.C. 2242), USTR must identify countries that deny adequate and effective protection for intellectual property rights or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. USTR will identify the countries that have the most onerous or egregious acts, policies, or practices and whose acts, policies, or practices have the greatest adverse impact (actual or potential) on relevant U.S. products as Priority Foreign Countries. Acts, policies, or practices that are the basis of a country's designation as a Priority Foreign Country normally are the subject of an investigation under the Section 301 provisions of the Trade Act (19 U.S.C. 2411 et seq.) USTR may not identify a country as a Priority Foreign Country if that country is entering into good faith negotiations or making significant progress in bilateral or multilateral negotiations to provide adequate and effective protection of intellectual property rights. In addition, USTR has created a ``Priority Watch List'' and a ``Watch List'' under the Special 301 provisions. Placement of a trading partner on the Priority Watch List or Watch List indicates that particular problems exist in that countrywith respect to IPR protection, enforcement, or market access for persons relying on intellectual property. Countries placed on the Priority Watch List are the focus of increased bilateral attention concerning the problem areas.

An Out-of-Cycle Review (OCR) is a tool that USTR uses to encourage progress on IPR issues of concern. It provides an opportunity for heightened engagement with a trading partner to address and remedy such issues. Successful resolution of specific IPR issues of concern or lack of action on such issues can lead to a change in a trading partner's identification on a Special 301 list outside of the typical period for the annual Special 301 Report. USTR may conduct OCRs of other trading partners as circumstances warrant or as requested by the trading partner.

In the 2017 Special 301 Report, which you can find on the USTR Web site at www.ustr.gov, USTR placed Colombia on the Watch List and announced that it would conduct an OCR of Colombia in order to monitor progress on issues relating to IPR protection and enforcement. The OCR of Colombia will include a focus on Colombia's commitment to the intellectual property provisions of the United States-Colombia Trade Promotion Agreement and Colombia's implementation of its National Development Plan.