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Industry Trade Advisory Center
The Industry Trade Advisory Committees are a public-private partnership that engage business leaders for formulating U.S. trade policy.

ITAC 5 Charter

1. Committee’s Official Designation (Title).

The Industry Trade Advisory Committee on Critical Minerals and Nonferrous Metals (IT AC 5).

2. Authority. The Industry Trade Advisory Committee on Critical Minerals and Nonferrous

Metals, has been established by the Secretary of Commerce (the Secretary) and the United States

Trade Representative (the USTR) pursuant to the authority of section I 35(c)(2) of the Trade Act

of 1974, as amended ( 19 U.S.C. § 2155) (the Trade Act), as delegated by Executive Order

11846, as amended. In establishing the Committee, the Secretary and the USTR consulted with

interested private organizations and took into account the factors set forth in section 135(c)(2)(8)

of the Trade Act. This Committee has been established in accordance with the provisions of the

Federal Advisory Committee Act (FACA), as amended, 5 U.S.C. App.

3. Objectives and Scope of Activities. The Committee shall perform such functions and duties

and prepare such reports as may be required by section 135 of the Trade Act with respect to the

industry trade advisory committees. The Committee advises the Secretary and the USTR

concerning the trade matters referred to in section 135(a)(I) of the Trade Act, and is consulted

regarding the matters referred to in section 135(a)(2) of the Trade Act.

4. Description of Duties. The Committee functions solely as an advisory committee in accordance

with the provisions of the FACA, as amended, 5 U.S.C. App., with the exceptions set forth in the

Trade Act.

In particular, the Committee provides detailed policy and technical advice, information, and

recommendations to the Secretary and the USTR regarding trade barriers, negotiation of trade

agreements, and implementation of existing trade agreements affecting its sectors; and performs

such other advisory functions relevant to U.S. trade policy as may be requested by the Secretary

and the USTR or their designees.

5. Agency or Official to Whom the Committee Reports. The Committee reports to the Secretary

and the USTR, or their designees, through the Under Secretary of Commerce for International

Trade and the Assistant Secretary for Industry and Analysis (the Assistant Secretary), and the

Assistant U.S. Trade Representative for Intergovernmental Affairs and Public Engagement (the


6. Support. Commerce and the Office of the USTR established the Industry Trade Advisory

Center to jointly administer the fifteen Industry Trade Advisory Committees (ITACs) and the

Committee of Chairs. The AUSTR and the Director of the Industry Trade Advisory Center

jointly manage the work of the ITACs on behalf of the Secretary, the USTR, and their designees.

The Assistant Secretary provides staff support and services for the Committee through the

Industry Trade Advisory Center. Except as otherwise provided in this charter, Commerce is

responsible for filings and other applicable statutory requirements of the F ACA.

7. Estimated Annual Operating Costs and Staff Years. The estimated annual operating cost of

the Committee is $50,000.00, which includes 0.5 person-years of staff support. Members of the

Committee will not be compensated for their services or reimbursed for travel expenses.

8. Designated Federal Officer. The Assistant Secretary designates the Designated Federal Officer

(DFO) and Secondary DFO from among full-time and permanent part-time employees of the

International Trade Administration. The DFO will approve or call all of the Committee’s and

subcommittees’ meetings, prepare and approve in advance all agendas, attend all Committee and

subcommittee meetings, adjourn any meeting when the DFO determines adjournment to be in the

public interest, and chair meetings when directed to do so by the official to whom the advisory

committee reports. The DFO has the responsibility for ensuring that the meetings of the

Committee, any subgroups, subcommittees, working groups, or task forces are conducted in

accordance with the requirements of the FACA and its implementing regulations, the Trade Act,

and other applicable laws, regulations, and policies.

The DFO is assigned to work with the Committee members, the Director of the Industry Trade

Advisory Center, and other Government officials on the Committee’s work program and meeting

agendas, and to ensure that the substantive aspects of the Comm_ittee’s work are moving forward.

9. Estimated Number and Frequency of Meetings. The Committee meets at irregular intervals at

the call of the Secretary and the USTR, or their designees, acting jointly.

JO. Duration. Continuing.

11. Termination. Pursuant to section I 35(t)(2) of the Trade Act, this charter shall expire four years

from the date indicated below unless it is earlier revoked or extended by proper authority by

appropriate action.

12. Members and Designations. The Committee consists of not more than 50 members with

experience relevant to the critical minerals and nonferrous metals industry sectors. Members

shall be appointed by the Secretary and the USTR and shall be selected on a clear, standardized

basis, in accordance with applicable Commerce guidance. The core criteria used in selecting

members are: representation of a sponsoring U.S. entity’s or U.S. organization’s and its

subsector’s (if applicable) interests on trade matters, ability to carry out the objectives of the

Committee as set forth in Section 3 (including knowledge and expertise of the industry and of

trade matters relevant to the work of the Committee), and ensuring that the Committee is

balanced in terms of points of view, geography, and entity or organization size. In addition, the

Secretary and the Trade Representative are committed to achieving diversity in the membership

of the Committees to the maximum extent practicable consistent with the need for balanced

industry representation and expertise. The Secretary and the Trade Representative may seek

additional nominations as necessary to ensure balanced representation, to meet a need for special

representation, or to achieve diversity and demographic balance.

Members serve at the discretion of the Secretary and the USTR. The Secretary and the USTR

may, at their discretion, reappoint an individual member upon renewing this charter provided

that the member proves to work effectively in the Committee and the represented entity’s or

organization’s viewpoint is still needed.

The Committee chair and vice chair or vice chairs, as appropriate, are elected from the

membership by the members for a period not to exceed the duration of this charter and may be

reelected for one or more additional periods should the charter of the Committee be renewed.

The members will serve in a representative capacity presenting the views and interests of a U.S.

entity or U.S. organization and its subsector (if applicable) in the critical minerals and nonferrous

metals industry sectors; they are, therefore, not Special Government Employees.

The members shall not reference or otherwise utilize their membership on the Committee in

connection with public statements made in their personal capacities without a disclaimer that the

views expressed are their own and do not represent the views of the Committee, the Department

of Commerce, or the Office of the USTR.

The Chair of the Committee may select one member (in exceptional instances, not more than two

members) to serve as a non-voting representative, representing the views and interests of the

Committee, to each of the following ITACs: Customs Matters and Trade Facilitation,

Intellectual Property Rights, and Standards and Technical Trade Barriers. The selected

member(s) will serve for a period not to exceed the duration of the ITAC charter and may be reselected

for one or more additional periods should the charter be renewed.

13. Subcommittees. Commerce and the Office of the USTR may establish subcommittees or

working groups as may be necessary, and consistent with the FACA and other applicable laws,

regulations, and policies. Such subcommittees or working groups may not work independently

of the chartered committee and must report their recommendations and advice to the Committee

for full deliberation and discussion. Subcommittees or working groups have no authority to

make decisions on behalf of the Committee nor can they report directly to the Secretary, the

USTR, or their designees.

14. Recordkeeping. The records of the Committee, formally and informally established

subcommittees, or other subgroups of the Committee, shall be handled in accordance with

General Records Schedule 6.2, or other approved agency records disposition schedule. Subject

to the Freedom of Information Act, 5 U.S.C. § 552, records presented to or prepared for or by the

Committee are available for public inspection. The Industry Trade Advisory Center at

Commerce will maintain all files required by the F ACA and other applicable laws, regulations,

and policies.

This Charter was filed 24 February, 2022