Form C for members of panels and extraordinary challenge committees—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 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 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. to report promptly to the Tribunal and to the Canadian Secretary any violation of a disclosure undertaking;

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

f. 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, in the ordinary course of the business of the panel or committee or pursuant to the direction of a panel or a committee;

g. 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 materials

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, or

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; and

h. if I resign or am removed from my position as a member of the panel or extraordinary challenge committee,

i. to return to the Canadian Secretary all documents and materials containing information disclosed under the terms and conditions of this undertaking, including notes, charts and memoranda based on any such information,

ii. to destroy such documents and materials and to file with the Canadian Secretary a certificate of destruction pertaining to such destroyed documents and materials, or

iii. to entrust such documents and materials to the new member who is replacing me on the panel or extraordinary challenge committee and who has been granted access to such information under a disclosure order of the Tribunal, within 10 days of my resignation or removal.

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.

I intend to give access to information disclosed under the terms and conditions of this undertaking to the assistants, employees and persons under contract listed in the appendix. Each of them will sign a disclosure undertaking and will be bound individually by the terms and conditions of that undertaking.

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

Appendix—Persons to be given access to information

I intend to give the following assistants, employees and persons under contract access to the information disclosed under the terms and conditions of this disclosure undertaking. Each of them will sign a disclosure undertaking and be bound individually by the terms and conditions of that disclosure undertaking if access is granted.