Form F for assistant counsel, professionals, agents and employees of 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

The undersigned who are assistant counsel, professionals retained by, or under the control or direction of, agents or employees of:

acting in the subject panel review and any related extraordinary challenge proceeding for

request access to proprietary information in the administrative record.

Declaration

I declare that I:

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

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

d. do not intend to enter into any of the relationships described in paragraphs (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. 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. 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;

d. 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 electronic media device containing information disclosed under the terms and conditions of this undertaking from my business premises;

e. to return to the counsel of record 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, promptly after the completion of the subject panel review or related extraordinary challenge proceeding, or upon change of counsel of record, whichever is earlier;

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

g. 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.

For the purposes of the subject panel review and any related extraordinary challenge proceeding, the above-mentioned counsel of record intends to give access to proprietary information disclosed under a disclosure order of the Tribunal to the following assistant counsel, professionals retained by, or under the control or direction of, agents and employees of said counsel of record. Each of the undersigned acknowledges that they are bound individually by the terms and conditions in this disclosure undertaking.