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FTZB Extends Comment Period on Potential Conflicts of Interest Involving Third Party FTZ Agents

The Foreign-Trade Zones Board has issued a notice extending the comment period of its September 2007 notice regarding uniform treatment in local access (including possible conflicts of interest) where a third-party agent of the grantee(s) may effectively control access to FTZ procedures.

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Comments are now due by January 31, 2008 (instead of November 30, 2007).

According to the FTZB, it is extending the comment period in response to a request. The FTZB states that while interested parties are always encouraged to provide comments on the operation of the FTZ program, it is requesting information by January 31, 2008 so that it may proceed with its examination.

FTZB Seeks Comments on Conflicts of Interest, Inconsistent Treatment in FTZs

According to the September 2007 notice requesting comments, the FTZB seeks to gather information and various parties' views related to potential conflicts of interest in local access to FTZ procedures, including practices that parties believe may be inconsistent with the Foreign-Trade Zones Act of 1934, as amended (FTZ Act) or the FTZB's regulations.

As the FTZB previously stated, concerns have been raised related to uniform treatment in local access (including possible conflicts of interest) where a third-party agent of the grantee(s) may effectively control access to FTZ procedures in a particular community or region. Potential conflicts of interest may be linked to the non-grantee entity also engaging in business - in competition with other private firms - to provide various FTZ-related services to potential users of the zone.

(Section 81n of the FTZ Act states, in part, that each such "grantee" of a local FTZ shall operate the zone as a public utility, and all rates and charges for all services or privileges within the zone shall be fair and reasonable. In addition, the FTZ Act states that the grantee shall afford to all who may apply to use the zone uniform treatment under like conditions.)

- Comments are due by January 31, 2008

FTZB contact - Pierre Duy (202) 482-2862

(See ITT's Online Archives or 09/26/07 news, 07092620, for BP summary of the FTZB's September request for comments.)

FTZB notice (D/N 46-2007, FR Pub 11/05/07) available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/E7-21720.pdf