Fwd: CAFTA vote this week--US Independence Endangered

John blueoval at 1SMARTISP.NET
Sun Jul 10 18:26:03 MDT 2005


On Sun Jul 10 11:35:03 PDT 2005, Scott Darby <darby700 at yahoo.com> 
wrote:

 	July 10, 2005

Howdy, my friends. The Vote on CAFTA, which will end our national 
independence in several ways listed below, will happen this week.  
We could not be at a more important crossroads in our history and 
now is the time to call or fax your U. S. Representative.

Ways CAFTA will end U. S. national independence:

    1) CAFTA plays a role as steppingstone to hemispheric 
integration and the Free Trade Area of the Americas (FTAA).

>From the preamble of the CAFTA agreement:

"[The governments of Costa Rica, the Dominican Republic, El 
Salvador, Guatemala, Honduras, Nicaragua, and the United States of 
America] resolved to: 
 CONTRIBUTE to hemispheric integration and 
provide an impetus toward establishing the Free Trade Area of the
Americas."


2) CAFTA is subservient to the World Trade Organization (WTO).

>From Preamble and Chapter 1 of CAFTA agreement:

"[The governments of Costa Rica, the Dominican Republic, El 
Salvador, Guatemala, Honduras, Nicaragua, and the United States of 
America] resolved to: 
BUILD on their respective rights and 
obligations under the Marrakech Agreement Establishing the World 
Trade Organization
. The Parties to this Agreement, consistent 
with Article XXIV of the General Agreement on Tariffs and Trade 
1994 [WTO] and Article V of the General Agreement on Trade in 
Services [WTO], hereby establish a free trade area
. The Parties 
affirm their existing rights and obligations with respect to each
other under the WTO Agreement
."

3) U.S. independence is lost to the supranational
CAFTA Free Trade Commission.

>From chapter 19 of the CAFTA Agreement:

“The Parties hereby establish the Free Trade Commission, 
comprising cabinet-level representatives of the Parties
.

The Commission shall:
(a) supervise the implementation of this Agreement;
(b) oversee the further elaboration of this Agreement;
(c) seek to resolve disputes that may arise regarding the
interpretation or application of this Agreement;
(d) supervise the work of all committees and working groups 
established under this Agreement; and
(e) consider any other matter that may affect the operation of 
this Agreement.”


4) U.S. independence is lost to the World Bank and United Nations 
tribunals under CAFTA.

>From page 20 of the CAFTA Agreement:

"Provided that six months have elapsed since the events giving 
rise to the claim, a claimant may submit a claim 

(a) under the ICSID Convention [World Bank’s International Centre 
for Settlement of Investment Disputes (ICSID)] and the ICSID Rules 
of Procedures for Arbitration Proceedings, provided that both the
respondent and the Party of the claimant are parties to the ICSID 
Convention;
(b) under the ICSID Additional Facility Rules, provided that 
either the respondent or the Party of the claimant is a party to 
the ICSID Convention; or
(c) under the UNCITRAL Arbitration Rules [United Nations 
Commission on International Trade Law arbitration rules].”  
(CAFTA
Agreement, Chapter 10)

“A Party shall be deemed to be in compliance 
 if it is a party to 
and is in compliance with the 1958 United Nations Convention on
the Recognition and Enforcement of Foreign Arbitral Awards
."

5) Independence of U.S. federal, state, and local governments to 
regulate service professions and businesses is lost to CAFTA’s 
"Cross-Border Trade in Services” provisions.

>From Chapter 11 of the CAFTA agreement:

"Cross-Border Trade in Services 
 applies to measures adopted or 
maintained by a Party affecting cross-border trade in services by 
service suppliers of another Party. Such measures include 
measures
affecting:
(a) the production, distribution, marketing, sale, and delivery of 
a service;
(b) the purchase or use of, or payment for, a service;
(c) the access to and use of distribution, transport, or
telecommunications networks and services in connection
with the supply of a service;
(d) the presence in its territory of a service supplier of another 
Party; and
(e) the provision of a bond or other form of financial
security as a condition for the supply of a service
.

For purposes of this Chapter, “measures adopted or maintained by a 
Party” means measures adopted or maintained by:

(a) central, regional, or local governments and authorities; and 
(b) non governmental bodies in the exercise of powers delegated by 
central, regional, or local governments or authorities
.

National Treatment

1. Each Party shall accord to service suppliers of another Party 
treatment no less favorable than that it accords, in like 
circumstances, to its own service suppliers.

2. The treatment to be accorded by a Party under paragraph 1 
means, with respect to a regional level of government, treatment 
no less favorable than the most favorable treatment accorded, in 
like circumstances, by that regional level of government to 
service suppliers of the Party of which it forms a part
.

Most-Favored-Nation Treatment

Each Party shall accord to service suppliers of another Party 
treatment no less favorable than that it accords, in like 
circumstances, to service suppliers of any other Party or a 
non-Party
. Local Presence No Party may require a service supplier 
of another Party to establish or maintain a representative office 
or any form of enterprise, or to be resident, in its territory as 
a condition for the cross-border supply of a service."

In the usual astute analysis of the Liberty Committee:

“Every credible source in Washington agrees: CAFTA will be decided 
by as little as three or four votes
Remember, what you do 
matters.
Your elected representative wants your vote on election day.  
Offices keep tallies of "for" and "against" comments from 
constituents – even if elected representatives don't fully 
understand the issue, they count the comments. Make your voice 
heard! just like the Medicare bill was. That means every single
member’s vote counts and now is a good time for you to act.”

Sincerely,
Scott Darby


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