Form D for court reporters, translators and interpreters—Disclosure undertaking for binational panel review

For official use only

This form applies to disclosure undertakings for binational panel reviews under subsection 77.021(2) of the Special Import Measures Act and Article 10.12 of the Canada-United States-Mexico Agreement.

IN THE MATTER OF the panel review of

Declaration

I declare that:

a. I usually reside in Canada, the United States or Mexico;

b. I am not a director, servant or employee, within the meaning of subsection 45(4) of the Canadian International Trade Tribunal Act, of any participant in this panel review/extraordinary challenge proceeding or of any other person who would gain competitive advantage through knowledge of the proprietary information sought in this disclosure undertaking;

c. I do not participate in the competitive decision‑making activity of any of the participants in this panel review/extraordinary challenge proceeding or of any other person who would gain competitive advantage through knowledge of the proprietary information sought in this disclosure undertaking. For the purposes of this clause, competitive decision‑making activity includes advice on production, sales, operations or investments;

d. I do not intend to enter into any of the relationships described in clauses (b) and (c) within 12 months after the publication of the final decision in the subject panel review or, if appropriate, extraordinary challenge proceeding;

e. I have read and understand section 77.034 of the Special Import Measures Act under which every person who contravenes or fails to comply with a disclosure undertaking is liable, if found guilty of an offence punishable on summary conviction, to a fine not exceeding one hundred thousand dollars and, if found guilty of an indictable offence, to a fine not exceeding one million dollars; and

f. I am aware that every person who contravenes or fails to comply with a disclosure undertaking may be subject to sanctions in the United States in accordance with section 777(f) of the Tariff Act of 1930, as amended, or in Mexico in accordance with article 93 of the Ley de Comercio Exterior.

Undertaking

I undertake:

a. to use the information disclosed under the terms and conditions of this undertaking exclusively for duties performed in respect of the subject panel review or related extraordinary challenge proceeding;

b. not to divulge information disclosed under the terms and conditions of this undertaking, except to a person granted access to such information under a disclosure order of the Canadian International Trade Tribunal or to personnel of the Tribunal;

c. not to reproduce documents and materials containing information disclosed under the terms and conditions of this undertaking;

d. not to copy to a computer, storage device or shared repository any information disclosed under the conditions of this undertaking and contained on any electronic media device issued by the Tribunal, without prior written approval by the Tribunal;

e. to report promptly to the Tribunal and to the Canadian Secretary any violation of a disclosure undertaking;

f. to inform the Tribunal immediately of any changes in the facts referred to in this undertaking;

g. to keep confidential and to protect the information disclosed under the terms and conditions of this undertaking in the following manner:

i. I will keep the following in my office or under my control:

• all documents provided to me by the Tribunal,

• all documents that I have printed from any electronic media device issued by the Tribunal, and

• any electronic media device issued by the Tribunal and made available to me under the conditions of this undertaking,

ii. I will store in a locked vault or safe, or another secure storage device, all documents and electronic media devices containing information disclosed under the terms and conditions of this undertaking when they are not being used, and

iii. I will not take any document or material (including electronic media devices) containing information disclosed under the terms and conditions of this undertaking from my office or business premises, except, under lock or seal, pursuant to the direction of a panel or a committee;

h. to return to the Canadian Secretary all documents and electronic media devices containing information disclosed under the terms and conditions of this undertaking, including notes, charts and memoranda based on any such information, or to destroy such documents and materials and to file with the Canadian Secretary a certificate of destruction pertaining to such destroyed documents and material

i. within 10 days of the publication of a notice of completion of panel review for the subject panel review in the Canada Gazette and the Federal Register or the Diario Oficial de la Federación

ii. within 10 days of the publication of a notice of completion of extraordinary challenge in the Canada Gazette and the Federal Register or the Diario Oficial de la Federación, or

iii. within 10 days of ceasing to hold my position of court reporter, translator or interpreter, if I cease to hold such position before completion of the subject panel review or related extraordinary challenge proceeding, whichever is earlier.

Note: The examination of documents and materials in transit between Canada and the United States or between Canada and Mexico by customs authorities will not be considered a violation of this undertaking.

This box must be checked for the form to be considered complete.