Form B for employees of and persons under contract to the Secretariat—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.

Declaration

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

b. 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

c. 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 a panel review or extraordinary challenge proceeding, for which such information was so disclosed;

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, except, on the authorization of the Secretary, at the request of a person who, for the purpose of a panel review or an extraordinary challenge proceeding, has access to such information pursuant to a disclosure order of the Tribunal or at the request of personnel of the Tribunal;

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 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 issued by the Tribunal and containing information disclosed to me under the conditions of this undertaking when they are not being used,

iii. I will not divulge the passwords of electronic media devices issued by the Tribunal,

iv. I will not take any document or material (including electronic media devices) containing information disclosed under the terms and conditions of this undertaking from the offices of the Secretariat, except, under lock or seal, in the ordinary course of the business of the Secretariat or pursuant to the direction of a panel or extraordinary challenge committee, and

v. I will maintain a log and make it available to the Tribunal upon request, indicating, for each authorized copy of the documents and materials containing information disclosed under the terms and conditions of this undertaking, the name of the person who obtained the copy from me, the date on which the person received such copy and the date on which such copy was returned to me;

f. to cause to be destroyed all documents and materials containing information disclosed pursuant to a disclosure order of the Tribunal that are returned to the office of the Secretariat following completion of a panel review or extraordinary challenge proceeding, including notes, charts and memoranda based on any such information;

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

h. to report promptly to the Tribunal any violation of a disclosure undertaking.

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.