Form E for counsel of record—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 and any 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 without prior written approval by 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 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, an identification number from the index, 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, 

v. I will not take any document or electronic media device containing information disclosed under the terms and conditions of this undertaking from my business premises, except, under lock or seal, for panel or committee hearings and for return to the Canadian Secretary in accordance with clause (f) below;

f. to return to the Canadian Secretary all documents and materials (including electronic media devices) containing information disclosed under the terms and conditions of this undertaking, including notes, charts and memoranda based on any such information, and the log described in subclause (e)(iv), or to destroy such documents, materials and log and to file with the Canadian Secretary a certificate of destruction pertaining to such destroyed documents, materials and log

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;

g. if the participant that I represent files a notice of change of counsel of record,

i. to return to the Canadian Secretary all documents and materials (including electronic media devices) containing information disclosed under the terms and conditions of this undertaking, including notes, charts and memoranda based on any such information and the log described in subclause (e)(iv),

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

iii. to entrust such documents, materials and log to the new counsel of record who is replacing me in the subject panel review or related extraordinary challenge proceeding and who has been granted access to such information under a disclosure order of the Tribunal, within 10 days of the filing of such notice;

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

i. to inform the Tribunal immediately of any changes in the facts referred to in this 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.

I intend to give access to information disclosed under the terms and conditions of this undertaking to assistant counsel, professionals retained by me, or under my control or direction, agents and employees, 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 assistant counsel, professionals retained by me, or under my control or direction, agents and employees access to the information disclosed under the terms and conditions of this disclosure undertaking. Each of them will sign a disclosure undertaking and will be bound individually by the terms and conditions of that disclosure undertaking if such access is granted.