Rules 30-50

Article 1905 Special Committees

Reconvening of Special Committee

30. Where a special committee has made an affirmative finding with respect to grounds specified in Article 1905.1 of the Agreement, a Responding Party may request that the special committee be reconvened by filing a request with the responsible Secretariat

(a) where the Responding Party is requesting that the special committee determine whether the Responding Party has corrected a problem with respect to which the special committee has made an affirmative finding, at any time after the affirmative finding was made; or

(b) where the Responding Party is requesting that the special committee determine whether a suspension of benefits by the Complaining Party under Article 1905.8 of the Agreement is manifestly excessive, at any time after the suspension was made.

31. (1) Where a request referred to in subrule 30(a) is filed before the fortieth day of the 60-day consultation period referred to in Article 1905.8 of the Agreement, the special committee shall endeavour to present a report containing its determination to the involved Parties before the sixtieth day of that period, and may for that purpose make such orders as to filing of written submissions and responses and the holding of a hearing as the special committee considers necessary under the circumstances.

(2) Rules 32 to 34 apply with respect to requests referred to in subrule 30(a) that are filed on or after the fortieth day of the 60-day consultation period referred to in Article 1905.8 and to requests referred to in subrule 30(b).

32. (1) At the time of filing a request pursuant to rule 30, the Responding Party shall file a written submission in support of the request.

(2) A Complaining Party shall file a written response to a submission referred to in subrule (1) within 20 days after that submission is filed.

33. (1) At the time of filing a request pursuant to rule 30 or a written response pursuant to subrule 32(2), an involved Party may request an opportunity to present oral argument in support of its request or response.

(2) Where an involved Party requests an opportunity to present oral argument pursuant to subrule (1), the special committee may hold a hearing, at which both involved Parties shall be granted an equal opportunity to present oral argument.

34. The special committee shall, within 45 days of the filing of a request pursuant to rule 30, present to the involved Parties a written report containing its determination pursuant to Article 1905.10 of the Agreement.

35. Subrules 29(2) to (4) apply, with such modifications as are necessary, to reports referred to in subrule 31(1) and rule 34.

Completion of Special Committee Proceedings

36. (1) On completion of a special committee proceeding, as determined by the special committee in consultation with the involved Parties, the special committee shall request the responsible Secretary to issue a notice of completion of the proceeding.

(2) A notice referred to in subrule (1) is effective the day after it is issued.

(3) The responsible Secretary shall cause a notice issued under subrule (1) to be published in the official publications of the involved Parties.

37. The members of a special committee are discharged from their duties on the day on which a notice of completion of the special committee proceeding is effective.

Confidentiality

38. All written submissions to, and communications with, a special committee and all documents filed with the involved Secretariats shall be kept confidential.

39. (1) All hearings of a special committee, and all transcripts thereof, shall be kept confidential.

(2) It is the responsibility of each involved Party to ensure that the persons attending oral proceedings of a special committee on its behalf maintain the confidentiality of the proceedings.

Ex Parte Contacts

40. (1) No special committee or member of a special committee shall meet or contact one involved Party in the absence of the other involved Party.

(2) No special committee member shall discuss a matter before the special committee with the involved Parties in the absence of other special committee members.

Extension and Computation of Time

41. A time period fixed by these rules may be extended with the consent of both involved Parties or by a decision of a special committee.

42. (1) In computing any time period fixed in or under these rules, the day or date from which the time period begins to run shall be excluded and, subject to subrule (2), 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 a decision of a special committee, any legal holiday that falls within the time period shall be excluded from the computation.

Responsibilities of the Responsible Secretary

43. The responsible Secretary shall provide administrative support for each special committee proceeding and shall make the arrangements necessary for the hearings and meetings of the special committee, including the provision of court reporters and, if required, interpreters to provide simultaneous translation.

44. The responsible Secretary shall maintain a file for each special committee proceeding, comprised of the original or a copy of all documents filed, whether or not filed in accordance with these rules, in the special committee proceeding.

Death or Incapacity

45. Where a special committee member is disqualified, dies or otherwise becomes unable to fulfil special committee duties,

(a) special committee proceedings and computations of time shall be suspended, pending the appointment of a substitute member; and

(b) where the disability, disqualification or death occurs after oral argument has begun, the chairperson may order that the matter be reheard, on such terms as are appropriate, after selection of a substitute member.

Translation and Interpretation

46. (1) Subject toRule 47, each involved Party shall,

(a) within a reasonable period of time after the appointment of the last special committee member, advise the the responsible Secretary in writing of the language in which its written submissions of the other involved Party; and

(b) within a reasonable period of time before the date of a hearing, advise the responsible Secretary in writing of the language in whichit will present oral arguments at tha hearignand in which it wishes to hear oral arguments.

(2) On receipt of advise pursuant to subrule (1), the responsible Secretary shall promptly notify the other involved Secretary, the other involved Party and the special committee.

47. (1) In lieu of the procedure set out in rule 46, a Party may advise its Secretary of

(a) the language in which its written submissions will be made in all special committee proceedings and in which it wishes to receive written submissions of any other Party involved in a special committee proceeding; and

(b) the language in which it will present oral arguments, adn in which it wishes to hear oral arguments, at all special committee hearings.

(2) On receipt of advice pursuant to subrule (1), a Secretary shall promptly notify the other Secretaries and Parties accordingly.

48. Where the responsible Secretary is advised that written submissions or oral arguments in a special committee proceeding will be in more than one language or on the basis of a request of a special committee member, the responsible Secretary shall arrange for the translation of the written submission or for the provision of interpreters to provide simultaneous translation at the hearing, as case may be.

49. Any time period applicable to a special committee proceeding shall be suspended for the period necessary to complete the translation of any written submission.

50. (1) The costs incurred in the preparation of a translation of a written submission shall be borne by the Party filling the submission.

(2) Costs for interpretation of oral arguments and for the translation of the special committee's reports shall be shared equally by the involved Parties.