Part IV: Responsibilities of the Secretary (Rules 49-60)

49. The normal business hours of the Secretariat, during which the offices of the Secretariat shall be open to the public, shall be from 9:00 a.m. to 5:00 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

(c) in case of the United States Section of the Secretariat, 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

(c) access to the document is limited to

(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 

(c) access to the document is limited to persons granted access to 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 participants 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 

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