Appendix 1

Scientific Bodies

Canada

    The Royal Society of Canada

Mexico

    El Colegio Nacional

United States

    The National Research Council of the National Academy of Sciences

    The National Academy of Engineering

    The Institute of Medicine

Supplementary Procedures Pursuant to Rule 35 on the Availability of Information

July 13, 1995

Ms. Jennifer A. Hillman, Esquire
General Counsel
Office of the USTR
600 17th Street, N.W.
Washington, D.C. 20508

Dear Ms. Hillman:

Pursuant to Rule 35 of the NAFTA Chapter Twenty Model Rules of Procedure, I have the honour to confirm the following understanding reached between representatives of Canada, the United Mexican States and the United States of America regarding the availability of information in the context of NAFTA Chapter Twenty dispute settlement procedures.

NAFTA Parties will maintain the confidentiality of the panel's hearings, deliberations and initial report, and all written submissions to and communications with the panel, in accordance with the following procedures:

(1) A Party or, subject to its direction, the Party's section of the Secretariat, may make available to the public at any time the Party's written submissions and those of the other participating Parties. Before such documents are made available to the public they shall be redacted to remove any information designated for confidential treatment by a participating Party pursuant to paragraph (4).

(2) Party or, subject to its direction, the Party's section of the Secretariat, may make the hearing transcript available to the public 15 days after the final report of the panel is published pursuant to Article 2017(5). Before the transcript is made available to the public it shall be redacted to remove any information designated for confidential treatment by a participating Party pursuant to paragraph (4).

(3) Where information has been removed from a document pursuant to paragraph (1) or (2), the document shall indicate clearly each place where such information has been removed.

(4) The extent it considers strictly necessary to protect personal privacy or to address essential confidentiality concerns, a participating Party may designate specific information included in its written submissions, or that it has presented in the panel hearing, for confidential treatment.

(5) Participating Party may disclose to other persons such information in connection with the panel proceedings as it considers necessary for the preparation of its case, but it shall ensure that those persons maintain the confidentiality of any such information.

(6) Participating Party shall treat as confidential the initial report and information submitted by another Party to the panel that the Party has designated as confidential pursuant to paragraph (4).

(7) The responsible section of the Secretariat shall take such reasonable steps as are necessary to ensure that experts, scientific review board members, interpreters, translators, court reporters and other individuals retained by the Secretariat maintain the confidentiality of the panel proceedings.

(8) Except as provided under paragraphs (1) and (2), Secretariat personnel shall maintain the confidentiality of the panel proceedings.

I have the honour to propose that this letter, which is equally authentic in English and French, and your letter of confirmation in reply, constitute an understanding between our two Governments, to take effect on this day.

Yours sincerely,



Jonathan T. Fried
Principal Counsel
Trade Law Division

July 13, 1995

Lic. Hugo Perezcano Diaz
Director General de Soporte
Juridico de Negociaciones
Secretaria de Comercio y Fomento Industrial
Subsecretaria de Negociaciones Comerciales Internacionales
Alfonso Reyes no. 30,. Piso 17
Col. Hipodromo Condesa
06179 Mexico City, D.F. Mexico

Dear Mr. Perezcano:

Pursuant to Rule 35 of the NAFTA Chapter Twenty Model Rules of Procedure, I have the honour to confirm the following understanding reached between representatives of Canada, the United Mexican States and the United States of America regarding the availability of information in the context of NAFTA Chapter Twenty dispute settlement procedures.

I have the honour to propose that this letter, which is equally authentic in English and French, and your letter of confirmation in reply, constitute an understanding between our two Governments, to take effect on this day.

Yours sincerely,



Jonathan T. Fried
Principal Counsel
Trade Law Division