97 as noted in this notification imports of natural

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97 As noted in this notification, imports of natural gas are authorized only if they are consistent with the public interest, except for imports originating in a country with which the United States has a free-trade agreement. According to the authorities, there are about 120 applications per year for licences to export liquefied natural gas to the United States, and none has been denied since the early 1980s. 6. Pursuant to Articles 1.4(a) and 5 of the Agreement on Import Licensing Procedures, in April 2003, the United States notified the December 2002 final regulations implementing the Steel Import Licensing and Surge Monitoring programme in place for certain steel products, which took effect on 1 February 2003. 98 The authorities indicated that these licences are automatic and used for monitoring purposes only. 95 WTO document WT/DS248/R, WT/DS249/R, WT/DS251/R, WT/DS252/R, WT/DS253/R, WT/DS254/R, WT/DS258/R, WT/DS259/R, 11 July 2003, pages A1-A4, B1-B4, C1-C4, D1-D4, E1-E4, F1-F4, G1-G4, H1-H4. 96 For a list of countries and measures, see the Office of Foreign Assets Control online information. Available at: http://www.treas.gov/offices/enforcement/ofac/. 97 WTO document G/LIC/N/3/USA/3, 9 November 2000. 98 WTO documents G/LIC/N/2/USA/1 and 2, 29 April 2003.
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United States WT/TPR/S/126 Page 60 (vii) Technical regulations and sanitary and phytosanitary measures (a) Introduction and regulatory framework 1. In the United States, both technical regulations and sanitary and phytosanitary (SPS) measures can be established at the federal or sub-federal level; they cover mostly products, but can also concern processes or services. The underlying legislation for the federal rulemaking process is the Administrative Procedure Act (APA). 99 While Congress can establish product regulations legislatively, it usually delegates enabling legislation to regulatory agencies, generally pursuant to broad guidance as to the factors to be considered and policy goals to be achieved. 100 2. In the United States, technical regulations (as defined in Annex I of the WTO Agreement on Technical Barriers to Trade (TBT Agreement)) and SPS measures (as described in Annex I of the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement)) can be initiated on an agency's initiative, as directed by Congress, or in response to a request by the public. Private citizens, industry, and organizations, both domestic and foreign, can participate in an agency’s rulemaking activities in a variety of ways. In addition to the opportunity to submit comments and petitions, persons can directly contact the agencies, in accordance with the agencies' particular procedural requirements; participate in advisory committees formed by the agencies; or participate in negotiated rulemaking. The vast majority of rulemaking involves three steps: issuance of a notice of proposed rulemaking soliciting public comment; agency consideration of all relevant information; and the issuance of a final rule after consideration of the relevant information. The public can submit petitions for reconsideration after final rules have been issued.
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