North American Free Trade Agreement: Rules of Procedure for Article 1904 Extraordinary Challenge Committees; Notice DEPARTMENT OF COMMERCE

Federal RegisterFeb 23, 1994

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SUMMARY: Canada, Mexico, and the United States have negotiated the

rules of procedure for Article 1904 extraordinary challenge committee

proceedings. These rules apply to extraordinary challenges conducted

pursuant to Article 1904 of the North American Free Trade Agreement.

EFFECTIVE DATE: January 1, 1994, the date of the entry into force of

the North American Free Trade Agreement (``Agreement''). These Rules of

Procedure shall apply to all extraordinary challenge committee

proceedings under the Agreement commenced on or after the effective

date.

FOR FURTHER INFORMATION CONTACT: Lisa B. Koteen, Senior Attorney, Stacy

J. Ettinger, Attorney-Advisor, or Terrence J. McCartin, Attorney-

Advisor, Office of the Chief Counsel for Import Administration, room B-

099, U.S. Department of Commerce, 14th and Constitution Avenue, NW.,

Washington, DC 20230; telephone: (202) 482-0836, (202) 482-4618, or

(202) 482-5031, respectively. For procedural matters involving

extraordinary challenge committee proceedings, contact James R.

Holbein, United States Secretary, NAFTA Secretariat, room 2061, U.S.

Department of Commerce, 14th and Constitution Avenue, NW., Washington,

DC 20230; telephone: (202) 482-5438; fax: (202) 482-0148.

SUPPLEMENTARY INFORMATION:

Background

Chapter Nineteen of the North American Free Trade Agreement

(``Agreement'') establishes a mechanism for replacing judicial review

of final antidumping and countervailing duty determinations involving

imports from Canada, Mexico, or the United States with review by

independent binational panels. If requested, these panels will

expeditiously review final determinations to determine whether they are

consistent with the antidumping or countervailing duty law of the

importing country.

In instances in which one of the Parties to the Agreement alleges,

pursuant to Article 1904.13 of the Agreement, that (a)(i) a member of a

panel materially violated the rules of conduct, (ii) the panel

seriously departed from a fundamental rule of procedure, or (iii) the

panel manifestly exceeded its powers, authority or jurisdiction, and

that (b) any of the actions set out in (a) has materially affected the

panel's decision and threatens the integrity of the binational panel

review process, that Party may request formation of an extraordinary

challenge committee (``ECC''). Extraordinary challenge committee review

is therefore not a routine appeal. Rather, as the name suggests,

Canada, Mexico, or the United States may have recourse to an ECC only

in extraordinary cases.

Title IV of the North American Free Trade Agreement Implementation

Act of 1993, Public Law No. 103-182, 107 Stat. 2057, amends United

States law to implement Chapter Nineteen of the Agreement.

The NAFTA Extraordinary Challenge Committee Rules are intended to

give effect to the ECC provisions of Chapter Nineteen of the Agreement

by setting forth the procedures for commencing, conducting, and

completing extraordinary challenge proceedings. These rules are the

result of negotiations among Canada, Mexico, and the United States in

compliance with the terms of the Agreement, and are derived in large

part from the Extraordinary Challenge Committee Rules under the United

States-Canada Free Trade Agreement.

North American Free Trade Agreement

Rules of Procedure for Article 1904 Extraordinary Challenge

Committees

Contents

Preamble

Rule

1. Short Title

2. Statement of General Intent

3. Interpretation

Part I--General

8. Internal Functioning of Committees

10. Computation of Time

12. Counsel of Record

13. Costs

14. Proprietary Information and Privileged Information

22. Violation of Code of Conduct

23. Pleadings and Simultaneous Translation of Extraordinary

Challenge Proceedings in Canada

Part II--Written Proceedings

28. Filing, Service and Communications

36. Form and Content of Pleadings

37. Requests for an Extraordinary Challenge Committee

40. Notices of Appearance

42. Filing and Content of Briefs and Appendices

44. Motions

Part III--Conduct of Oral Proceedings

48. Oral Proceedings in Camera

Part IV--Responsibilities of the Secretary

Part V--Orders and Decisions

Part VI--Completion of Extraordinary Challenges

Preamble

The Parties,

Having regard to Chapter Nineteen of the North American Free Trade

Agreement between Canada, the United Mexican States and the United

States of America;

Acting pursuant to paragraph 2 of Annex 1904.13 to Chapter Nineteen

of the Agreement;

Adopted the Rules of Procedure, which shall come into force on the

same day as the Agreement enters into force and from that day shall

govern all extraordinary challenge committee proceedings conducted

pursuant to Article 1904 of the Agreement.

Short Title

1. These rules may be cited as the NAFTA Extraordinary Challenge

Committee Rules.

Statement of General Intent

2. These rules are intended to give effect to the provisions of

Chapter Nineteen of the Agreement with respect to extraordinary

challenges conducted pursuant to Article 1904 of the Agreement and are

designed to result in decisions within 90 days after the establishment

of the committee. Where a procedural question arises that is not

covered by these rules, a committee may adopt an appropriate procedure

that is not inconsistent with the Agreement. In the event of any

inconsistency between the provisions of these Rules and the Agreement,

the Agreement shall prevail.

Interpretation

3. In these rules,

``Agreement'' means the North American Free Trade Agreement;

``Code of Conduct'' means the code of conduct established by the

Parties pursuant to Article 1909 of the Agreement;

``committee'' means an extraordinary challenge committee

established pursuant to Annex 1904.13 to Chapter Nineteen of the

Agreement;

``counsel'' means

(a) with respect to an extraordinary challenge of a panel review of

a final determination made in Canada, a person entitled to appear as

counsel before the Federal Court of Canada,

(b) with respect to an extraordinary challenge of a panel review of

a final determination made in Mexico, a person entitled to appear as

counsel before the Tribunal Fiscal de la Federacion, and

a final determination made in the United States, a person entitled to

appear as counsel before a federal court in the United States;

``counsel of record'' means a counsel referred to in subrule 12(1);

``Deputy Minister'' means the Deputy Minister of National Revenue

for Customs and Excise, or the successor thereto, and includes any

person authorized to perform a power, duty or function of the Deputy

Minister under the Special Import Measures Act, as amended;

``final determination'' means, in the case of Canada, a definitive

decision within the meaning of subsection 77.01(1) of the Special

Import Measures Act, as amended;

``investigating authority'' means the competent investigating

authority that issued the final determination that was the subject of

the panel review to which an extraordinary challenge relates and

includes, in respect of the issuance, amendment, modification or

revocation of a Proprietary Information Access Order, any person

authorized by the investigating authority;

``involved Secretariat'' means the section of the Secretariat

located in the country of an involved Party;

``legal holiday'' means

(a) with respect to the Canadian Section of the Secretariat, every

Saturday and Sunday, New Year's Day (January 1), Good Friday, Easter

Monday, Victoria Day, Canada Day (July 1), Labour Day (first Monday in

September), Thanksgiving Day (second Monday in October), Remembrance

Day (November 11), Christmas Day (December 25), Boxing Day (December

26), any other day fixed as a statutory holiday by the Government of

Canada or by the province in which the Section is located and any day

on which the offices of the Canadian Section of the Secretariat are

officially closed in whole or in part,

(b) with respect to the Mexican Section of the Secretariat, every

Saturday and Sunday, New Year's Day (January 1), Constitution Day

(February 5), Benito Juarez's Birthday (March 21), Labor Day (May 1),

Battle of Puebla (May 5), Independence Day (September 16),

Congressional Opening Day (November 1), Revolution Day (November 20),

Transmission of the Federal Executive Branch (every six years on

December 1), Christmas Day (December 25), any day designated as a

statutory holiday by the Federal Laws or, in the case of Ordinary

Elections, by the Local Electoral Laws and any day on which the offices

of the Mexican Section of the Secretariat are officially closed in

whole or in part, and

every Saturday and Sunday, New Year's Day (January 1), Martin Luther

King's Birthday (third Monday in January), President's Day (third

Monday in February), Memorial Day (last Monday in May), Independence

Day (July 4), Labor Day (first Monday in September), Columbus Day

(second Monday in October), Veterans' Day (November 11), Thanksgiving

Day (fourth Thursday in November), Christmas Day (December 25), any

other day designated as a holiday by the President or the Congress of

the United States and any day on which the offices of the Government of

the United States located in the District of Columbia or the offices of

the United States Section of the Secretariat are officially closed in

whole or in part;

``Mexico'' means the United Mexican States;

``official publication'' means

(a) in the case of the Government of Canada, the Canada Gazette,

(b) in the case of the Government of Mexico, the Diario Oficial de

la Federacion, and

``panel'' means a binational panel established pursuant to Annex

1901.2 to Chapter Nineteen of the Agreement, the decision of which is

the subject of an extraordinary challenge;

``participant'' means a Party who files a Request for an

Extraordinary Challenge Committee or any of the following persons who

files a Notice of Appearance pursuant to these rules:

(a) the other involved Party,

(b) a person who participated in the panel review that is the

subject of the extraordinary challenge, and

1904.13(a)(i) of the Agreement is made;

``Party'' means the Government of Canada, the Government of Mexico

or the Government of the United States;

``person'' means

(a) an individual,

(b) a Party,

(d) a government of a province, state or other political

subdivision of the country of a Party,

(e) a department, agency or body of a Party or of a government

referred to in paragraph (d), or

(f) a partnership, corporation or association;

``personal information'' means, with respect to an extraordinary

challenge proceeding in which an allegation is made that a member of

the panel was guilty of gross misconduct, bias or a serious conflict of

interest or otherwise materially violated the rules of conduct, the

information referred to in subrule 39(2) and rule 41;

``pleading'' means a Request for an Extraordinary Challenge

Committee, a Notice of Appearance, a Change of Service Address, a

Notice of Change of Counsel of Record, a Notice of Motion, a brief or

any other written submission filed by a participant;

``privileged information'' means

(a) with respect to an extraordinary challenge of a panel review of

a final determination made in Canada, information of the investigating

authority that is subject to solicitor-client privilege under the laws

of Canada, or that constitutes part of the deliberative process with

respect to the final determination, with respect to which the privilege

has not been waived,

(b) with respect to an extraordinary challenge of a panel review of

a final determination made in Mexico,

(i) information of the investigating authority that is subject to

attorney-client privilege under the laws of Mexico, or

(ii) internal communications between officials of the Secretaria de

Comercio y Fomento Industrial in charge of antidumping and

countervailing duty investigations or communications between those

officials and other government officials, where those communications

constitute part of the deliberative process with respect to the final

determination, and

a final determination made in the United States, information of the

investigating authority that is subject to the attorney-client,

attorney work product or government deliberative process privilege

under the laws of the United States and with respect to which the

privilege has not been waived;

``proof of service'' means

(a) with respect to an extraordinary challenge of a panel review of

a final determination made in Canada or Mexico,

(i) an affidavit of service stating the name of the person who

served the document, the date on which it was served, where it was

served and the manner of service, or

(ii) a written acknowledgement of service by counsel for a

participant stating the name of the person who served the document, the

date on which it was served and the manner of service and, where the

acknowledgement is signed by a person other than the counsel, the name

of that person followed by a statement that the person is signing as

agent for the counsel, and

(b) with respect to an extraordinary challenge of a panel review of

a final determination made in the United States, a certificate of

service in the form of a statement of the date and manner of service

and of the name of the person served, signed by the person who made

service;

``proprietary information'' means

(a) with respect to an extraordinary challenge of a panel review of

a final determination made in Canada, information referred to in

subsection 84(3) of the Special Import Measures Act, as amended, or

subsection 45(3) of the Canadian International Trade Tribunal Act, as

amended, and with respect to which the person who designated or

submitted the information has not withdrawn the person's claim as to

the confidentiality of the information,

(b) with respect to an extraordinary challenge of a panel review of

a final determination made in Mexico, informacion confidencial, as

defined under article 80 of the Ley de Comercio Exterior and its

regulations, and

a final determination made in the United States, business proprietary

information under section 777(f) of the Tariff Act of 1930, as amended,

and any regulations made under that Act;

``Proprietary Information Access Application'' means

(a) with respect to an extraordinary challenge of a panel review of

a final determination made in Canada, a disclosure undertaking in the

prescribed form, which form

(i) in respect of a final determination by the Deputy Minister, is

available from the Deputy Minister, and

(ii) in respect of a final determination by the Tribunal, is

available from the Tribunal,

(b) with respect to an extraordinary challenge of a panel review of

a final determination made in Mexico, a disclosure undertaking in the

prescribed form, which form is available from the Secretaria de

Comercio y Fomento Industrial, and

a final determination made in the United States, a Protective Order

Application

(i) in respect of a final determination by the International Trade

Administration of the United States Department of Commerce, in a form

prescribed by, and available from, the International Trade

Administration of the United States Department of Commerce, and

(ii) in respect of a final determination by the United States

International Trade Commission, in a form prescribed by, and available

from, the United States International Trade Commission;

``Proprietary Information Access Order'' means

(a) in the case of Canada, a Disclosure Order issued by the Deputy

Minister or the Tribunal pursuant to a Proprietary Information Access

Application,

(b) in the case of Mexico, a Disclosure Order issued by the

Secretaria de Comercio y Fomento Industrial pursuant to a Proprietary

Information Access Application, and

the International Trade Administration of the United States Department

of Commerce or the United States International Trade Commission

pursuant to a Proprietary Information Access Application;

``responsible Secretariat'' means, with respect to an extraordinary

challenge of a panel review, the section of the Secretariat located in

the country in which the final determination reviewed by the panel was

made;

``responsible Secretary'' means the Secretary of the responsible

Secretariat;

``Secretariat'' meant the Secretariat established pursuant to

Article 2002 of the Agreement;

``Secretary'' means the Secretary of the United States Section of

the Secretariat, the Secretary of the Mexican Section of the

Secretariat or the Secretary of the Canadian Section of the Secretariat

and includes any person authorized to act on behalf of that Secretary;

``service address'' means

(a) with respect to a Party or panelist, the address filed with the

Secretariat as the service address of the Party or panelist, including

any facsimile number submitted with that address,

(b) with respect to a participant other than a Party or panelist,

the service address of the participant in the panel review, or

panelist or participant, the address set out as the new service address

of the participant in that form, including any facsimile number

submitted with that address;

``Tribunal'' means the Canadian International Trade Tribunal or its

successor and includes any person authorized to act on its behalf;

``United States'' means the United States of America.

4. The definitions set forth in Article 1911 of the Agreement and

Annex 1911 to Chapter 19 of the Agreement are hereby incorporated into

these rules.

Part I--General

5. An extraordinary challenge proceeding commences on the day on

which a Request for an Extraordinary Challenge Committee is filed with

the Secretariat and terminates on the day on which a Notice of

Completion of Extraordinary Challenge is effective.

6. The general legal principles of the country in which a final

determination was made apply in an extraordinary challenge of the

decision of a panel with respect to the final determination.

7. A committee may review any part of the record of the panel

review relevant to the extraordinary challenge.

Internal Functioning of Committees

8. (1) For routine administrative matters governing its own

internal functioning, a committee may adopt procedures not inconsistent

with these rules or the Agreement.

(2) Subject to subrule 34(b), meetings of a committee may be

conducted by means of a telephone conference call.

9. Only committee members may take part in the deliberations of a

committee, which shall take place in private and remain secret. Staff

of the involved Secretariats and assistants to committee members may be

present by permission of the committee.

Computation of Time

10. (1) In computing any time period fixed in these rules or by an

order or decision of a committee, the day from which the time period

begins to run shall be excluded and, subject to subrules (2) and (3),

the last day of the time period shall be included.

(2) Where the last day of a time period computed in accordance with

subrule (1) falls on a legal holiday of the responsible Secretariat,

that day and any other legal holidays of the responsible Secretariat

immediately following that day shall be excluded from the computation.

(3) In computing any time period of five days or less fixed in

these rules or by an order or decision of a committee, any legal

holiday that falls within the time period shall be excluded from the

computation.

11. A committee may extend any time period fixed in these rules if

(a) the extension is made in the interests of fairness and justice;

and

(b) in fixing the extension, the committee takes into account the

intent of the rules to secure just, speedy and inexpensive final

resolutions of challenges to decisions of panels.

Counsel of Record

12. (1) Subject to subrule (2), the counsel of record for a

participant in an extraordinary challenge proceeding shall be

(a) the counsel for the participant in the panel review; or

(b) in the case of a Party who was not a participant in the panel

review or of a panelist, the counsel who signs any document filed on

behalf of the Party or panelist in the extraordinary challenge

proceeding.

(2) A participant may change its counsel of record by filing with

the responsible Secretariat a Notice of Change of Counsel of Record

signed by the new counsel, together with proof of service on the former

counsel and other participants.

Costs

13. Each participant shall bear the costs of, and incidental to,

its own participation in an extraordinary challenge proceeding.

Proprietary Information and Privileged Information

14. (1) Where proprietary information has been filed in a panel

review that is the subject of an extraordinary challenge proceeding,

every member of a committee, assistant to a committee member, court

reporter, interpreter and translator shall provide the responsible

Secretariat with a Proprietary Information Access Application.

(2) Upon receipt of a Proprietary Information Access Application,

the responsible Secretary shall file with the appropriate investigating

authority the Proprietary Information Access Application and any

additional copies of those documents required by the investigating

authority.

(3) The investigating authority shall issue the Proprietary

Information Access Order and provide the responsible Secretariat with

the original and any additional copies of those documents required by

the responsible Secretariat.

(4) Upon receipt of a Proprietary Information Access Order, the

responsible Secretary shall transmit the original Proprietary

Information Access Order to the appropriate member of a committee,

assistant to a committee member, court reporter, interpreter or

translator.

15. (1) A member of a committee, assistant to a committee member,

court reporter, interpreter or translator who amends or modifies a

Proprietary Information Access Application shall provide a copy of the

amendment or modification to the responsible Secretariat.

(2) Upon receipt of an amendment or modification to a Proprietary

Information Access Application, the responsible Secretary shall file

with the appropriate investigating authority that document and any

additional copies of that document required by the investigating

authority.

(3) Upon receipt of an amendment or modification to a Proprietary

Information Access Application, the investigating authority shall, as

appropriate, amend, modify or revoke the Proprietary Information Access

Order and provide the responsible Secretariat with the original of the

amendment, modification or notice of revocation and any additional

copies of the document required by the responsible Secretariat.

(4) Upon receipt of an amendment or modification to a Proprietary

Information Access Order or a notice of revocation, the responsible

Secretary shall transmit the amendment, modification or notice of

revocation to the appropriate member of a committee, assistant to a

committee member, court reporter, interpreter or translator.

16. The responsible Secretary shall serve Proprietary Information

Access Orders granted to members of a committee, assistants to

committee members, court reporters, interpreters or translators, and

any amendments or modifications thereto or notices of revocation

thereof, on all participants other than the investigating authority.

17. (1) A counsel of record, or a professional retained by, or

under the control or direction of, a counsel of record, who has not

been issued a Proprietary Information Access Order in the panel review

or in these proceedings and who wishes disclosure of proprietary

information in the file of an extraordinary challenge proceeding, shall

file a Proprietary Information Access Application, as follows:

(a) with the responsible Secretariat, four copies; and

(b) with the investigating authority, one original and any

additional copies that the investigating authority requires.

(2) A Proprietary Information Access Application referred to in

subrule (1) shall be served on all participants.

(3) The investigating authority shall, within 10 days after a

Proprietary Information Access Application is filed with it in

accordance with subrule (1), serve on the person who filed the

Proprietary Information Access Application

(a) a Proprietary Information Access Order; or

(b) a notification in writing setting out the reasons why a

Proprietary Information Access Order is not issued.

18. (1) Where

(a) an investigating authority refuses to issue a Proprietary

Information Access Order to a counsel of record or to a professional

retained by, or under the control or direction of, a counsel of record,

(b) an investigating authority issues a Proprietary Information

Access Order with terms unacceptable to a counsel of record,

the counsel of record may file with the responsible Secretariat a

Notice of Motion requesting that the committee review the decision of

the investigating authority.

(2) Where, after consideration of any response made by the

investigating authority referred to in subrule (1), the committee

decides that a Proprietary Information Access Order should be issued or

that the terms of a Proprietary Information Access Order should be

amended or modified, the committee shall so notify counsel for the

investigating authority.

(3) Where the final determination was made in the United States and

the investigating authority fails to comply with the notification

referred to in subrule (2), the committee may issue such orders as are

just in the circumstances, including an order refusing to permit the

investigating authority to make certain arguments in support of its

case or striking certain arguments from its pleadings.

19. (1) Where a Proprietary Information Access Order is issued to a

person in an extraordinary challenge proceeding, the person shall file

with the responsible Secretariat a copy of the Proprietary Information

Access Order.

(2) Where a Proprietary Information Access Order is revoked,

amended or modified by an investigating authority, the investigating

authority shall provide to the responsible Secretariat and to all

participants a copy of the Notice of Revocation, amendment or

modification.

20. In an extraordinary challenge proceeding that commences with a

Request for an Extraordinary Challenge Committee pursuant to Article

1904.13(a)(i) of the Agreement, personal information shall be kept

confidential

(a) where a Notice of Motion is filed pursuant to subrule 41(1)(c),

(i) until the committee makes an order referred to in subrule

45(1)(a), or

(ii) where the committee makes an order referred to in subrule

45(1)(b), indefinitely, unless otherwise ordered by the committee; and

(b) in any other case, until the day after the expiration of the

time period fixed, pursuant to rule 41, for filing a Notice of Motion

referred to in subrule 41(1)(c).

21. Where a person alleges that the terms of a Proprietary

Information Access Application or Proprietary Information Access Order

have been violated, the committee shall refer the allegations to the

investigating authority for investigation and, where applicable, the

imposition of sanctions in accordance with section 77.034 of the

Special Import Measures Act, as amended, section 777(f) of the Tariff

Act of 1930, as amended, or article 93 of the Ley de Comercio Exterior.

Violation of Code of Conduct

22. Where a participant believes that a committee member or an

assistant to a committee member is in violation of the Code of Conduct,

the participant shall forthwith notify the responsible Secretary in

writing of the alleged violation. The responsible Secretary shall

promptly notify the other involved Secretary and the involved Parties

of the allegations.

Pleadings and Simultaneous Translation of Extraordinary Challenge

Proceedings in Canada

23. Rules 24 to 26 apply with respect to an extraordinary challenge

of a panel review of a final determination made in Canada.

24. Either English or French may be used by any person, panelist or

member of a committee in any document or oral proceeding.

25. (1) Subject to subrule (2), any order or decision including the

reasons therefor, issued by a committee shall be made available

simultaneously in both English and French where

(a) In the opinion of the committee, the order or decision is in

respect of a question of law of general public interest or importance;

(b) the proceedings leading to the issuance of the order or

decision were conducted in whole or in part in both English and French.

(2) Where

(a) an order or decision issued by a committee is not required by

subrule (1) to be made available simultaneously in English and French,

(b) an order or decision is required by subrule (1)(a) to be made

available simultaneously in both English and French but the committee

is of the opinion that to make the order or decision available

simultaneously in both English and French would occasion a delay

prejudicial to the public interest or result in injustice or hardship

to any participant, the order or decision, including the reasons

therefor, shall be issued in the first instance in either English or

French and thereafter at the earliest possible time in the other

language, each version to be effective from the time the first version

is effective.

(3) Nothing in subrule (1) or (2) shall be construed as prohibiting

the oral delivery in either English or French of any order or decision

or any reasons therefor.

(4) No order or decision is invalid by reason only that it was not

made or issued in both English and French.

26. (1) Any oral proceeding conducted in both English and French

shall be translated simultaneously.

(2) Where a participant requests simultaneous translation of an

extraordinary challenge proceeding, the request shall be made as early

as possible in the proceedings.

(3) Where a committee is of the opinion that there is a public

interest in the extraordinary challenge proceedings, the committee may

direct the responsible Secretary to arrange for simultaneous

translation of the oral proceedings, if any.

Part II--Written Proceedings

27. Where these rules require that notice be given, it shall be

given in writing.

Filing, Service and Communications

28. (1) No document is filed with the Secretariat until one

original and five copies of the document are received by the

responsible Secretariat during its normal business hours and within the

time period fixed for filing.

(2) The responsible Secretariat shall accept, date and time stamp

and place in the appropriate file every document submitted to the

responsible Secretariat.

(3) Receipt, date and time stamping or placement in the file of a

document by the responsible Secretariat does not constitute a waiver of

any time period fixed for filing or an acknowledgement that the

document has been filed in accordance with these rules.

29. (1) All documents filed by a participant, other than documents

required by rule 58 to be served by the responsible Secretary and

documents referred to in subrule 38(2), rule 39, subrule 40(2)(a) and

rule 41 shall be served by the participant on the counsel of record of

each of the other participants or, where another participant is not

represented by counsel, on the other participant.

(2) Subject to subrule 34(a), a document may be served by

(a) delivering a copy of the document to the service address of the

participant;

(b) sending a copy of the document to the service address of the

participant by facsimile transmission or by expedited delivery courier

or expedited mail service, such as express mail in the United States or

Priority Post in Canada; or

(3) A proof of service shall appear on, or be affixed to, all

documents referred to in subrule (1).

(4) Where a document is served by expedited delivery courier or

expedited mail service, the date of service set out in the affidavit of

service or certificate of service shall be the day on which the

document is consigned to the expedited delivery courier or expedited

mail service.

30. (1) Where, under these rules, a document containing proprietary

information, privileged information or personal information is required

to be filed under seal with the Secretariat or is required to be served

under seal, the document shall be filed of served in accordance with

this rule and, where applicable, in accordance with rule 32.

(2) A document filed or served under seal shall be

(a) bound separately from all other documents;

(b) clearly marked

(i) with respect to an extraordinary challenge of a panel review of

a final determination made in Canada,

(A) in the case of a document containing proprietary information,

``Proprietary'', ``Confidential'', ``De nature exclusive'' or

``Confidentiel'', and

(B) in the case of a document containing privileged information,

``Privileged'' or ``Protege'', and

``Personal Information'' or ``Renseignements personnels'',

(ii) with respect to an extraordinary challenge of a panel review

of a final determination made in Mexico,

(A) in the case of a document containing proprietary information,

``Confidencial'',

(B) in the case of a document containing privileged information,

``Privilegiada'', and

``Informacion Personal'', and

(iii) with respect to an extraordinary challenge of a panel review

of a final determination made in the Untied States,

(A) in the case of a document containing proprietary information,

``Proprietary'', and

(B) in the case of a document containing privileged information,

``Privileged'', and

``Personal Information''; and

wrapper.

(3) An inner wrapper referred to in subrule (2)(c) shall indicate

(a) that proprietary information, privileged information or

personal information is enclosed, as the case may be; and

(b) the Secretariat file number of the extraordinary challenge

proceeding.

31. Filing or service of proprietary information, privileged

information or personal information with the Secretariat does not

constitute a waiver of the designation of the information as

proprietary information, privileged information or personal

information.

32. (1) Where a participant files a pleading that contains

proprietary information, the participant shall file two sets of the

pleading in the following manner:

(a) one set containing the proprietary information shall be filed

under seal and

(i) with respect to an extraordinary challenge of a panel review of

a final determination made in Canada, shall be labelled

``Proprietary'', ``Confidential'', ``Confidentiel'' or ``De nature

exclusive'', with the top of each page that contains proprietary

information marked with the word ``Proprietary'', ``Confidential'',

``Confidentiel'' or ``De nature exclusive'' and with the proprietary

information enclosed in brackets,

(ii) with respect to an extraordinary challenge of a panel review

of a final determination made in Mexico, shall be labelled

``Confidencial'', with the top of each page that contains proprietary

information marked with the word ``confidencial'' and with the

proprietary information enclosed in brackets, and

(iii) with respect to an extraordinary challenge of a panel review

of a final determination made in the United States, shall be labelled

``Proprietary'', with the top of each page that contains proprietary

information marked with the word ``Proprietary'' and with the

proprietary information enclosed in brackets; and

(b) no later than one day following the day on which the set of

pleadings referred to in subrule (a) is filed, another set not

containing proprietary information shall be filed and

(i) with respect to an extraordinary challenge of a panel review of

a final determination made in Canada, shall be labelled ``Non-

Proprietary'', ``Non-Confidential'', ``Non confidentiel'' or ``De

nature non exclusive'',

(ii) with respect to an extraordinary challenge of a panel review

of a final determination made in Mexico, shall be labelled ``Non-

confidencial'', and

(iii) with respect to an extraordinary challenge of a panel review

of a final determination made in the United States, shall be labelled

``Non-Proprietary'', with each page from which proprietary information

has been deleted marked to indicate the location from which the

proprietary information was deleted.

(2) Where a participant files a pleading that contains privileged

information, the participant shall file two sets of the pleading in the

following manner:

(a) one set containing the privileged information shall be filed

under seal and

(i) with respect to an extraordinary challenge of a panel review of

a final determination made in Canada, shall be labelled ``Privileged''

or ``Protege'', with the top of each that contains privileged

information marked with the word ``Privileged'' or ``Protege'' and with

the privileged information enclosed in brackets,

(ii) with respect to an extraordinary challenge of a panel review

of a final determination made in Mexico, shall be labelled

``Privilegiada'', with the top of each page that contains privileged

information marked with the word ``Privilegiada'' and with the

privileged information enclosed in brackets, and

(iii) with respect to an extraordinary challenge of a panel review

of a final determination made in the United States, shall be labelled

``Privileged'', with the top of each page that contains privileged

information marked with the word ``Privileged'' and with the privileged

information enclosed in brackets; and

(b) no later than one day following the day on which the set of

pleadings referred to in subrule (a) is filed, another set not

containing privileged information shall be filed and

(i) with respect to an extraordinary challenge of a panel review of

a final determination made in Canada, shall be labelled ``Non-

Privileged'' or ``Non-protege'',

(ii) with respect to an extraordinary challenge of a panel review

of a final determination made in Mexico, shall be labelled ``No-

privilegiada'', and

(iii) with respect to an extraordinary challenge of a panel review

of a final determination made in the United States, shall be labelled

``Non-Privileged'', with each page from which privileged information

has been deleted marked to indicate the location from which the

privileged information was deleted.

(3) Where a participant files a pleading that contains personal

information, the pleading shall be filed under seal and

(a) with respect to an extraordinary challenge of a panel review of

a final determination made in Canada, shall be labelled ``Personal

Information'' or ``Renseignements personnels'', with the top of each

page that contains personal information marked with the words

``Personal Information'' or ``Renseignements personnels'' and with the

personal information enclosed in brackets;

(b) with respect to an extraordinary challenge of a panel review of

a final determination made in Mexico, shall be labelled ``Informacion

Personal'', with the top of each page that contains personal

information marked with the words ``Informacion Personal'' and with the

personal information enclosed in brackets; and

a final determination made in the United States, shall be labelled

``Personal Information'', with the top of each page that contains

personal information marked with the words ``Personal Information'' and

with the personal information enclosed in brackets.

33. (1) Subject to subrule (2), a document containing proprietary

or privileged information shall be filed under seal in accordance with

rule 30 and shall be served only on the investigating authority and on

those participants who have been granted access to the information

under a Proprietary Information Access Order.

(2) Where all proprietary information contained in a document was

submitted to the investigating authority by one participant, the

document shall be served on that participant even if that participant

has not been granted access to proprietary information under a

Proprietary Information Access Order.

(3) A document containing personal information shall be filed under

seal in accordance with rule 30 and shall be served only on persons or

participants who have been granted access to the information under an

order of the committee.

34. Where proprietary information, privileged information or

personal information is disclosed to a person in an extraordinary

challenge proceeding, the person shall not

(a) file, serve or otherwise communicate the information by

facsimile transmission; or

(b) communicate the information by telephone.

35. Service on an investigating authority does not constitute

service on a Party and service on a Party does not constitute service

on an investigating authority.

Form and Content of Pleadings

36. (1) Every pleading filed in an extraordinary challenge

proceeding shall contain the following information:

(a) the title of, and any Secretariat file number assigned for, the

extraordinary challenge proceeding;

(b) a brief descriptive title of the pleading;

(d) the name of counsel of record for the participant;

(e) the service address, as defined in rule 3; and

(f) the telephone number of the counsel of record of the

participant or, where the participant is not represented by counsel,

the telephone number of the participant.

(2) Every pleading filed in an extraordinary challenge proceeding

shall be on paper 8\1/2\ x 11 inches (216 millimetres by 279

millimetres) in size. The text of the pleading shall be printed,

typewritten or reproduced legibly on one side only with a margin of

approximately 1\1/2\ inches (40 millimetres) on the left-hand side with

double spacing between each line of text, except for quotations of more

than 50 words, which shall be indented and single-spaced. Footnotes,

titles, schedules, tables, graphs and columns of figures shall be

presented in a readable form. Briefs and appendices shall be securely

bound along the left-hand margin.

(3) Every pleading filed on behalf of a participant in an

extraordinary challenge proceeding shall be signed by counsel for the

participant or, where the participant is not represented by counsel, by

the participant.

Requests for an Extraordinary Challenge Committee

37. (1) Where a Party, in its discretion, files with the

responsible Secretary a Request for an Extraordinary Challenge

Committee referred to in Article 1904.13(a) (ii) or (iii) of the

Agreement, the Party shall file the Request (model form available from

the Secretariat) within 30 days after the issuance, pursuant to rule 77

of the NAFTA Article 1904 Panel Rules, of the Notice of Final Panel

Action in the panel review that is the subject of the Request.

(2) Where a Party, in its discretion, files with the responsible

Secretary a Request for an Extraordinary Challenge Committee referred

to in Article 1904.13(a)(i) of the Agreement, the Party shall file the

Request (model form available from the Secretariat)

(a) within 30 days after the issuance, pursuant to rule 77 of the

NAFTA Article 1904 Panel Rules, of the Notice of Final Panel Action in

the panel review that is the subject of the Request; or

(b) subject to subrule (3), where the Party gained knowledge of the

action of the panelist giving rise to the allegation more than 30 days

after the panel issued a Notice of Final Panel Action, no more than 30

days after gaining knowledge of the action of the panelist.

(3) No Request for an Extraordinary Challenge Committee referred to

in subrule (2) may be filed if two years or more have elapsed since the

effective date of the Notice of Completion of Panel Review.

(4) Notwithstanding subrules (1) to (3), the running of the time

periods referred to in this section

(a) shall be suspended in the circumstances set out in Article

1905.11 of the Agreement; and

(b) where suspended under subrule (a), shall be resumed in the

circumstances set out in Articles 1905.12 and 1905.13 of the Agreement.

38. (1) Subject to subrule (2), every Request for an Extraordinary

Challenge Committee shall be in writing and shall

(a) include a concise statement of the allegations relied on,

together with a concise statement of how the actions alleged have

materially affected the panel's decision and the way in which the

integrity of the panel review process is threatened;

(b) contain the name of the Party in the panel review, name of

counsel, service address and telephone number; and

Party filing the Request for an Extraordinary Challenge Committee

(i) intends to use English or French in pleadings and oral

proceedings before the committee, and

(ii) requests simultaneous translation of any oral proceedings.

(2) Where a Request for an Extraordinary Challenge Committee

contains an allegation referred to in Article 1904.13(a)(i) of the

Agreement, the identity of the panelist against whom such an allegation

is made shall be revealed only in a confidential annex filed together

with the Request and shall be disclosed only in accordance with rule

60.

39. (1) Every Request for an Extraordinary Challenge Committee

(model form available from the Secretariat) shall be accompanied by

(a) those items of the record of the panel review relevant to the

allegations contained in the Request; and

(b) an Index of the items referred to in subrule (a).

(2) Where a Request contains an allegation referred to in Article

1904.13(a)(i) of the Agreement, the Request shall be accompanied by, in

addition to the requirements of subrule (1),

(a) any other material relevant to the allegations contained in the

Request; and

(b) if the Request is filed more than 30 days after the panel

issued a Notice of Final Panel Action pursuant to rule 77 of the NAFTA

Article 1904 Panel Rules, an affidavit certifying that the Party gained

knowledge of the action of the panelist giving rise to the allegation

no more than 30 days preceding the filing of the Request.

Notices of Appearance

40. (1) Within 10 days after the Request for an Extraordinary

Challenge Committee is filed, a Party or participant in the panel

review who proposes to participate in the extraordinary challenge

proceeding shall file with the responsible Secretariat a Notice of

Appearance (model form available from the Secretariat) containing the

following information:

(a) the name of the Party or participant, name of counsel, service

address and telephone number;

(b) a statement as to whether appearance is made

(i) in support of the Request, or

(ii) in opposition to the Request; and

review of a final determination made in Canada, a statement as to

whether the person filing the Notice of Appearance

(i) intends to use English or French in pleadings and oral

proceedings before the committee, and

(ii) requests simultaneous translation of any oral proceedings.

(2) Where a Party or participant referred to in subrule (1)

proposes to rely on a document in the record of the panel review that

is not specified in the Index filed with the Request for an

Extraordinary Challenge Committee, the Party or participant shall file,

with the Notice of Appearance,

(a) the document; and

(b) a statement identifying the document and requesting its

inclusion in the extraordinary challenge record.

(3) On receipt of a document referred to in subrule (2), the

responsible Secretary shall include the document in the extraordinary

challenge record.

41. (1) Within 10 days after a Request for an Extraordinary

Challenge Committee referred to in Article 1904.13(a)(i) of the

Agreement is filed, a panelist against whom an allegation contained in

the Request is made and who proposes to participate in the

extraordinary challenge proceeding

(a) shall file a Notice of Appearance;

(b) may file, under seal, documents to be included in the

extraordinary challenge record relevant to the panelist's defense

against the allegation; and

challenge proceeding be conducted in camera.

(2) Where a committee issues an order pursuant to subrule 45(1)(a),

a panelist who filed documents described in subrule (1)(b) may, within

five days after issuance of the order, withdraw any of those documents.

(3) Where a panelist withdraws documents pursuant to subrule (2),

the committee shall not consider those documents.

Filing and Content of Briefs and Appendices

42. (1) The Party who has filed the Request for an Extraordinary

Challenge Committee and every participant who has filed a Notice of

Appearance under subrule 40(1)(b)(i) shall file a brief, setting forth

grounds and arguments in support of the Request, no later than 21 days

after the Request for an Extraordinary Challenge Committee is filed.

(2) Every participant who has filed a Notice of Appearance under

subrule 40(1)(b)(ii) shall file a brief, setting forth grounds and

arguments in opposition to the Request for an Extraordinary Challenge

Committee, no later than 21 days after the expiration of the time

period for filing of briefs referred to in subrule (1).

(3) The Party who has filed the Request for an Extraordinary

Challenge Committee and every participant who has filed a Notice of

Appearance under subrule 40(1)(b)(i) may file a brief, replying to the

grounds and arguments set forth in the briefs filed pursuant to subrule

(2), no later than 10 days after the expiration of the time period for

filing of briefs referred to in subrule (2). Reply briefs shall be

limited to rebuttal of matters raised in the briefs filed pursuant to

subrule (2).

(4) Every brief filed under this rule shall be in the form required

by rule 43.

(5) Appendices shall be filed with the briefs.

43. (1) Briefs shall contain information, in the following order,

divided into five parts:

Part I:

(a) A table of contents; and

(b) A table of authorities cited:

The table of authorities shall contain references to all treaties,

statutes and regulations cited, any cases primarily relied on in the

briefs, set out alphabetically, and all other documents referred to

except documents from the administrative record. The table of

authorities shall refer to the page(s) of the brief where each

authority is cited and mark, with an asterisk in the margin, those

authorities primarily relied on.

Part II: A statement of the case:

This part shall contain a concise statement of the relevant facts

with references to the panel record by page and, where applicable, by

line.

Part III: A statement of the issues:

(a) In the brief of the Party who files the Request for an

Extraordinary Challenge Committee, this part shall contain a concise

statement of the issues.

(b) In the brief of any other participant, this part shall contain

a concise statement of the position of the participant with respect to

the issues.

Part IV: Argument:

This part shall consist of the argument, setting out concisely the

points of law relating to the issues, with applicable citations to

authorities and the panel record.

Part V: Relief:

This part shall consist of a concise statement precisely

identifying the relief requested.

(2) Paragraphs in Parts I to V of a brief may be numbered

consecutively.

(3) Authorities referred to in the briefs shall be included in an

appendix, which shall be organized as follows: a table of contents,

copies of all treaty and statutory references, references to

regulations, cases primarily relied on in the briefs, set out

alphabetically, all documents relied on from the panel record and all

other materials relied on.

Motions

44. (1) Motions, other than motions referred to in subrule

41(1)(c), may be considered at the discretion of the committee.

(2) A committee may dispose of a motion based upon the pleadings

filed on the motion.

(3) A committee may hear oral argument in person or, subject to

subrule 34(b), direct that a motion be heard by means of a telephone

conference call with the participants.

Part III--Conduct of Oral Proceedings

45. (1) The order of a committee on a motion referred to in subrule

41(1)(c) shall set out

(a) that the proceedings shall not be held in camera; or

(b) that the proceedings shall be held in camera and

(i) that all the participants shall keep confidential all

information received with respect to the extraordinary challenge

proceeding and shall use the information solely for the purposes of the

proceeding, and

(ii) which documents containing personal information the

responsible Secretary shall serve under seal and on whom the documents

shall be served.

(2) The responsible Secretary shall not serve any documents

containing personal information until the time period for withdrawal of

any documents pursuant to subrule 41(2) has expired.

46. A committee may decide the procedures to be followed in the

extraordinary challenge proceeding and may, for that purpose, hold a

pre-hearing conference to determine such matters as the presentation of

evidence and of oral argument.

47. The decision as to whether oral argument will be heard shall be

in the discretion of the committee.

Oral Proceedings in Camera

48. During that part of oral proceedings in which proprietary

information or privileged information is presented, a committee shall

not permit any person other than the following persons to be present:

(a) the person presenting the proprietary information or privileged

information;

(b) a person who has been granted access to the proprietary

information or privileged information under a Proprietary Information

Access Order or an order of the panel or committee;

confidentiality of the privileged information has been waived; and

(d) officials of, and counsel for, the investigating authority.

Part IV--Responsibilities of the Secretary

49. The normal business hours of the Secretariat, during which the

offices of the Secretariat shall be open to the public, shall be from 9

a.m. to 5 p.m. on each weekday other than

(a) in the case of the Canadian Section of the Secretariat, legal

holidays of that Section;

(b) in the case of the Mexican Section of the Secretariat, legal

holidays of that Section; and

legal holidays of that Section.

50. On the completion of the selection of the members of a

committee, the responsible Secretary shall notify the participants and

the other involved Secretary of the names of the members of the

committee.

51. The responsible Secretary shall provide administrative support

for each extraordinary challenge proceeding and shall make the

arrangements necessary for meetings and any oral proceedings,

including, if required, interpreters to provide simultaneous

translation.

52. Each involved Secretary shall maintain a file for each

extraordinary challenge, comprised of either the original or a copy of

all documents filed, whether or not filed in accordance with these

rules.

53. The responsible Secretary shall forward to the other involved

Secretary a copy of all documents filed with the responsible Secretary

and of all orders and decisions issued by a committee.

54. Where under these rules a notice or other document is required

to be published, the responsible Secretary and the other involved

Secretary shall each cause the document to be published in the official

publication of the country in which that section of the Secretariat is

located.

55. (1) Where a document containing proprietary information or

privileged information is filed with the involved Secretariats, each

involved Secretary shall ensure that

(a) the document is stored, maintained, handled, and distributed in

accordance with the terms of an applicable Proprietary Information

Access Order;

(b) the inner wrapper of the document is clearly marked to indicate

that it contains proprietary information or privileged information; and

(i) in the case of proprietary information, officials of, and

counsel for, the investigating authority, the person who submitted the

proprietary information to the investigating authority and counsel of

record for that person, and any persons who have been granted access to

the information under a Proprietary Information Access Order, and

(ii) in the case of privileged information relied upon in an

extraordinary challenge of a decision of a panel with respect to a

final determination made in the United States, committee members and

their assistants and persons with respect to whom the panel ordered

disclosure of the privileged information under rule 52 of the NAFTA

Article 1904 Panel Rules, if those persons have filed with the

responsible Secretariat a Proprietary Information Access Order with

respect to the document.

(2) Where a document containing personal information is filed with

the involved Secretariats, each involved Secretary shall ensure that

(a) the document is stored, maintained, handled, and distributed in

accordance with the terms of any applicable Proprietary Information

Access Order;

(b) the inner wrapper of the document is clearly marked to indicate

that it contains personal information; and

the information pursuant to subrule 45(1)(b).

56. No document filed in an extraordinary challenge proceeding

shall be removed from the offices of the Secretariat except in the

ordinary course of the business of the Secretariat or pursuant to the

direction of a committee.

57. (1) Each involved Secretary shall permit access by any person

to information in the file of an extraordinary challenge proceeding

that is not proprietary information, privileged information or personal

information.

(2) Each involved Secretary shall, in accordance with the terms of

any applicable Proprietary Information Access Order or order of a panel

or committee, permit access to proprietary information, privileged

information or personal information in the file of an extraordinary

challenge proceeding.

(3) Each involved Secretary shall, on request and on payment of the

prescribed fee, provide copies of information in the file of an

extraordinary challenge proceeding to any person who has been given

access to that information.

58. (1) Where a Request for an Extraordinary Challenge Committee

pursuant to Article 1904.13(a) (ii) or (iii) of the Agreement is filed

with the responsible Secretariat, the responsible Secretary shall, upon

receipt thereof,

(a) forward a copy of the Request and Index to the other involved

Secretary; and

(b) serve a copy of the Request and Index on the other involved

Party and on the participants in the panel review, together with a

statement setting out the date on which the Request was filed and

stating that all briefs of

(i) the Party who has filed the Request and of every participant

who files a Notice of Appearance in support of the Request shall be

filed no later than 21 days after the date of filing of the Request,

(ii) every participant who files a Notice of Appearance in

opposition to the Request shall be filed no later than 21 days after

the expiration of the time period, referred to in subrule (i), for

filing of briefs, and

(iii) the Party who has filed the Request and of every participant

who files a brief under subrule (i) in reply to the grounds and

arguments set forth in the briefs filed pursuant to subrule (ii) shall

be filed no later than 10 days after the expiration of the time period,

referred to in subrule (ii), for filing of briefs.

(2) Where a Request for an Extraordinary Challenge Committee

pursuant to Article 1904.13(a)(i) of the Agreement is filed, the

responsible Secretary shall, upon receipt thereof,

(a) forward a copy of the Request, Index and annex to the other

involved Secretary; and

(b) serve a copy of the Request, Index and annex on the other

involved Party, on the panelist against whom the allegation contained

in the Request is made and on the participants in the panel review,

together with a statement setting out the date on which the Request was

filed and stating that all briefs of

(i) the Party who has filed the Request and of every participant

who files a Notice of Appearance in support of the Request shall be

filed no later than 21 days after the date of filing of the Request,

(ii) every participant who files a Notice of Appearance in

opposition to the Request shall be filed no later than 21 days after

the expiration of the time period, referred to in subrule (i), for

filing of briefs, and

(iii) the Party who has filed the Request and of every participant

who files a brief under subrule (i) in reply to the grounds and

arguments set forth in the briefs filed pursuant to subrule (ii) shall

be filed no later than 10 days after the expiration of the time period,

referred to in subrule (ii), for filing of briefs.

(3) The responsible Secretary shall serve orders and decisions of a

committee and Notices of Completion of Extraordinary Challenge on the

participants.

(4) Where the decision of a committee referred to in subrule (3)

relates to a panel review of a final determination made in Canada, the

decision shall be served by registered mail.

59. The responsible Secretary shall cause notice of a final

decision of a committee issued pursuant to rule 63, and any order that

the committee directs the Secretary to publish, to be published in the

official publications of the involved Parties.

60. Where the time period fixed, pursuant to rule 41, for filing an

ex parte motion referred to in subrule 41(1)(c) has expired, the

responsible Secretary shall serve on all participants

(a) where no motion is filed pursuant to that subrule, the

documents referred to in rules 39 and 41;

(b) where the committee issues an order referred to in subrule

45(1)(a), the documents referred to in rules 39 and 41 in accordance

with any order of the committee; and

45(1)(b), the documents referred to in rules 39 and 41, in accordance

with subrule 45(1)(b)(ii) and any order made by the committee.

Part V--Orders and Decisions

61. All orders and decisions of a committee shall be made by a

majority of the votes of all members of the committee.

62. (1) Where a Notice of Motion requesting dismissal of an

extraordinary challenge proceeding is filed by a participant, the

committee may issue an order dismissing the proceeding.

(2) Where the motion referred to in subrule (1) is consented to by

all the participants and an affidavit to that effect is filed, or where

all participants file Notices of Motion requesting dismissal, the

extraordinary challenge proceeding is terminated.

63. (1) A final decision of a committee shall

(a) affirm the decision of the panel;

(b) vacate the decision of the panel; or

inconsistent with the final decision of the committee.

(2) Every final decision of a committee shall be issued in writing

with reasons, together with any dissenting or concurring opinions of

the members of the committee.

(3) Subrule (2) shall not be construed as prohibiting the oral

delivery of the decision of a committee.

Part VI--Completion of Extraordinary Challenges

64. Where all participants consent to the termination of the

proceeding pursuant to rule 62, the responsible Secretary shall cause

to be published in the official publications of the involved Parties a

Notice of Completion of Extraordinary Challenge, effective on the day

after the day on which the requirements of rule 62 have been met.

65. Where a committee issues its final decision, the responsible

Secretary shall cause to be published in the official publications of

the involved Parties a Notice of Completion of Extraordinary Challenge,

effective on the day after the day on which

(a) the committee affirms the decision of the panel;

(b) the committee vacates the decision of the panel; or

the responsible Secretary gives notice to the committee that the panel

has given notice that it has taken action not inconsistent with the

committee's decision.

66. The members of the committee are discharged from their duties

on the day on which a Notice of Completion of Extraordinary Challenge

is effective.

67. (1) A Party may make a request, pursuant to Article

1905.11(a)(ii) of the Agreement, that an ongoing extraordinary

challenge proceeding be stayed by filing the request with the

responsible Secretariat.

(2) A Party who files a request under subrule (1) shall forthwith

give written notice of the request to the other involved Party and to

the other involved Secretariat.

(3) On receipt of a request under subrule (1), the responsible

Secretary shall

(a) immediately give written notice of the stay of the

extraordinary challenge proceedings to all participants in the

extraordinary challenge proceedings; and

(b) publish a notice of the stay of the extraordinary challenge

proceedings in the official publications of the involved Parties.

68. On receipt of a report containing an affirmative finding with

respect to a ground specified in Article 1905.1 of the Agreement, the

responsible Secretary for extraordinary challenge proceedings referred

to in Article 1905.11(a)(i) of the Agreement shall

(a) immediately give notice in writing to all participants in those

proceedings; and

(b) publish a notice of the affirmative finding in the official

publications of the involved Parties.

69. (1) A Party who intends to suspend the operation of Article

1904 of the Agreement pursuant to Article 1905.8 or 1905.9 of the

Agreement shall endeavour to give written notice of that intention to

the other involved Party and to the involved Secretaries at least five

days prior to the suspension.

(2) On receipt of a notice under subrule (1), the involved

Secretaries shall publish a notice of the suspension in the official

publications of the involved Parties.

Dated: February 10, 1994.

Timothy J. Hauser,

Deputy Under Secretary for International Trade.

[FR Doc. 94-3929 Filed 2-22-94; 8:45 am]

BILLING CODE 3510-GT-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.