Form F "Binational Panel Review - Disclosure Undertaking for Assistant-Counsel, Professionals, Agents and Employees of Counsel of Record" - Canada

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FORM F
For Assistant-Counsel, Professionals, Agents and
Employees of Counsel of Record
DISCLOSURE UNDERTAKING FOR BINATIONAL PANEL REVIEW
UNDER SUBSECTION 77.021(2) OF THE SPECIAL IMPORT MEASURES ACT AND
ARTICLE 1904 OF THE NORTH AMERICAN FREE TRADE AGREEMENT
FOR OFFICIAL USE ONLY
Disclosure Undertaking No.
IN THE MATTER OF the panel review of
Title of the definitive decision as per the first request for panel review
commenced on
month/day/year
The undersigned who are assistant-counsel, professionals retained by, or under the control or direction of,
agents or employees of:
Name of counsel of record
Address of counsel of record
FORM F
For Assistant-Counsel, Professionals, Agents and
Employees of Counsel of Record
DISCLOSURE UNDERTAKING FOR BINATIONAL PANEL REVIEW
UNDER SUBSECTION 77.021(2) OF THE SPECIAL IMPORT MEASURES ACT AND
ARTICLE 1904 OF THE NORTH AMERICAN FREE TRADE AGREEMENT
FOR OFFICIAL USE ONLY
Disclosure Undertaking No.
IN THE MATTER OF the panel review of
Title of the definitive decision as per the first request for panel review
commenced on
month/day/year
The undersigned who are assistant-counsel, professionals retained by, or under the control or direction of,
agents or employees of:
Name of counsel of record
Address of counsel of record
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acting in the subject panel review and any related extraordinary challenge proceeding for
Name of participant in the panel review
request access to proprietary information in the administrative record.
DECLARATION
Each of the undersigned hereby declares that he or she:
(a) ordinarily reside in Canada, the United States or Mexico;
(b) is 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) does 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) does not currently 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) has read and understands 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) is 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
Each of the undersigned hereby undertakes:
(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 Canadian International Trade Tribunal;
- 3 -
(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) to store all documents and materials containing information disclosed under the terms and
conditions of this Undertaking in a locked vault, safe or other secure storage device when these
documents and materials are not being used, and
(ii) not to take any document or material containing information disclosed under the terms and
conditions of this Undertaking from his or her 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 Canadian International Trade Tribunal and to the Canadian Secretary any
violation of a Disclosure Undertaking; and
(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 to be a violation of this
Undertaking.)
(g) to inform the Canadian International Trade Tribunal immediately of any changes in the facts
referred to in this Undertaking.
- 4 -
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 Canadian International Trade 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 he or she is bound individually by the terms and
conditions in this Disclosure Undertaking.
1)
Signature
Date (month/day/year)
Name (please print)
Title
Address (if different from counsel of record’s address)
2)
Signature
Date (month/day/year)
Name (please print)
Title
Address (if different from counsel of record’s address)
3)
Signature
Date (month/day/year)
Name (please print)
Title
Address (if different from counsel of record’s address)
4)
Signature
Date (month/day/year)
Name (please print)
Title
Address (if different from counsel of record’s address)
- 5 -
5)
Signature
Date (month/day/year)
Name (please print)
Title
Address (if different from counsel of record’s address)
6)
Signature
Date (month/day/year)
Name (please print)
Title
Address (if different from counsel of record’s address)
7)
Signature
Date (month/day/year)
Name (please print)
Title
Address (if different from counsel of record’s address)
8)
Signature
Date (month/day/year)
Name (please print)
Title
Address (if different from counsel of record’s address)
9)
Signature
Date (month/day/year)
Name (please print)
Title
Address (if different from counsel of record’s address)
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