WT/DS353/R 
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ANNEX D 
 
 
Contents Page 
Annex D United States — Measures Affecting Trade in Large Civil Aircraft 
— Second Complaint , (WT/DS353), Additional Working 
Procedures for DS353 – Procedures for the Protection of Business Confidential Information a nd Highly Sensitive Business 
Information, 1 May 2009 ("BCI/HSBI procedures") D-2 
 WT/DS353/R 
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ANNEX D 
 
UNITED STATES — MEASURES AFFECTING TRADE IN LARGE CIVIL 
AIRCRAFT — SECOND COMPLAINT, (WT/DS353) –  
ADDITIONAL WORKING PROCEDURES FOR DS353 –  
PROCEDURES FOR THE PROTECTION OF BUSINESS  
CONFIDENTIAL INFORMATION AND HIGHLY  
SENSITIVE BUSINESS INFORMATION  
("BCI/HSBI PROCEDURES") 
 
(Last revised 11 February 2011) 
 
I. GENERAL 
The following Procedures apply to all business conf idential information ("BCI") and highly sensitive 
business information ("HSBI") on the Panel record.  These Procedures do not diminish the rights and 
obligations of the parties to request and discl ose any information within the scope of the SCM 
Agreement  and Article 13 of the DSU .  
 II. DEFINITIONS 
For the purposes of these Procedures,  
 1. "Approved Persons"  means: 
(a) Representatives or Outside Advisors of a Party, or Employees of the Secretariat, 
when designated in accordan ce with these procedures;  
(b) Panel members; and (c) PGE members or experts appointed by th e Panel who in the opinion of the Panel 
require access to BCI and/or HSBI. 
2. "Business Confidential Information"  or " BCI"  means any business information that a 
Party or Third Party has "Designated as BCI" regardl ess of whether contained in a document provided 
by a public or private body because it is not otherwi se available in the public domain.  Each Party and 
Third Party shall act in good faith and exercise re straint in designating information as BCI, and will 
endeavour to designate information as BCI only if its disclosure would cause harm to the originators 
of the information. 
3. "Conclusion of the Panel Process"  means the earliest to occu r of the following events: 
(a)  pursuant to Article 16.4 of the DSU, the Panel report is adopted by the DSB, or the 
DSB decides by consensus not to adopt the report;  
(b) a Party formally notifies the DSB of its d ecision to appeal pursuant to Article 16.4 of 
the DSU;  
(c) pursuant to Article 12.12 of the DSU, the authority for establishment of the Panel 
lapses; or  WT/DS353/R 
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(d) pursuant to Article 3.6 of the DSU, a mutually satisfactory solution is notified to the 
DSB. 
4. "Designated as BCI"  means:   
(a) for printed information, text that is set  off with bold square brackets in a document 
clearly marked with the notation ‘BUSINESS CONFIDENTIAL INFORMATION’ 
and with the name of the Party or Third Party that submitted the information;  
(b) for electronic information, characters that  are set off with bolded square brackets (or 
with a heading with bolded square bracket s on each page) in an electronic file that 
contains the notation 'BUSINESS CONFID ENTIAL INFORMATION', has a file 
name that contains the letters "BCI", and is stored on a storage medium with a label 
marked 'BUSINESS CONFIDENTIAL INFORM ATION' and indicating the name of 
the Party or Third Party that submitted the information; and  
(c) for uttered information, declared by the speaker to be "Business Confidential 
Information" prior to utterance.1 
5. "Designated as HSBI" means: 
(a) for electronic information, in characters  that are set off with double bolded square 
brackets (or a heading with double bolded  square brackets on each page) in an 
electronic file that contains the notation 'HIGHLY SENSITIVE BUSINESS INFORMATION', has a file name that contains  the letters "HSBI", and is stored on a 
storage medium with a label marked 'HIGHLY SENSITIVE BUSINESS INFORMATION' and indicating the name of the Party or Third Party that submitted 
the information; and  
(b) for uttered information, declared by th e speaker to be "Highly Sensitive Business 
Information" prior to utterance.
2 
5bis. "Designated Reading Room"  means a room, located on the premises of the WTO, where a 
Third Party BCI Approved Person may use to access Pa rty's submission that contains Party-BCI.  
6. "Electronic information"  means any information stored in an electronic form (including but 
not limited to binary-encoded information). 
7. "Employee of the Secretariat"  means a person employed or appointed by the Secretariat 
who has been authorized by the Secretariat to work on the dispute, and includes translators and 
interpreters as well as any transcribers present at  Panel meetings involving BCI and/or HSBI. 
8. "Highly Sensitive Business Information"  or " HSBI" means any business information 
regardless of whether contained in a document provi ded by a public or private body that a Party or 
Third Party has "Designated as HSBI" because it is not  otherwise available in the public domain and 
its disclosure could, in the Party's or Third Party' s view, cause exceptional harm to its originators.  
Each Party and Third Party shall act in good faith and exercise the utmost restraint in designating 
                                                      
1 The erroneous failure by a speaker to make such a prior declaration shall not affect the designation of 
the BCI in question. 
2 The erroneous failure by a speaker to make such a prior declaration shall not affect the designation of 
the HSBI in question. WT/DS353/R 
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information as HSBI.   Each Party and Third Party may at any time designate as non-BCI/HSBI or as BCI information designated by that Party or Third Party as HSBI.  
(a) The following categories of information may be Designated as HSBI: 
(i) information indicating the actual selling or offered price of any large civil 
aircraft (LCA) manufacturer's products or services,
3 and, except as provided 
in subparagraph (d)(i) below, any gra phs or other use of the data which 
reflect the movement of prices, prici ng trends or actual prices of an LCA 
model or a family of LCA;   
(ii) information gathered or produced in the context of LCA sales campaigns; 
(iii) information concerning market fo recasts, analyses, business plans and 
share/business valuations generated by LCA producers, consultants or 
investment banks with regard to LCA products; or 
(iv) information concerning an LCA manufact urer's costs of production, including 
but not limited to data regarding pricing by suppliers. 
(b) Each Party and Third Party may also d esignate as HSBI other categories of business 
information that is not otherwise available in the public domain and the disclosure of 
which could, in the Party's view, cause exceptional harm to its originators.    
(c) Each Party and Third Party shall Designa te as HSBI any information described in 
subparagraph (a) that pertains to LCA produced by an LCA manufacturer 
headquartered within the territorial jurisdiction of either of the Parties.  
(d) The following categories of information may not be Designated as HSBI:   
(i) aggregated pricing data for a particul ar LCA model or family of LCA within 
a particular market that is indexed (i.e., does not reflect actual prices but rather movements in prices off a base of 100 for a particular year).  Such data shall be treated as BCI;   
(ii) general legal conclusions based on HSBI (e.g., that HSBI demonstrates that a 
producer engaged in price undercutting).  Such conclusions shall be treated as 
neither BCI nor HSBI; and 
(iii) intergovernmental agreements and government decisions, other than 
information described in subparagraph (a). 
(e) Information may not be Designated as HSBI simply because it is subject to bank 
secrecy or banker-client confidentiality.  
                                                     
 
3 This category includes (but is not limited to) information on individual LCA prices, prices per seat, or 
information allowing the operating cost per seat of an LCA to be determined, calculated or reflected; the negotiated or offered prices for the airframe; all concessions offered or agreed to by an LCA manufacturer 
including financing, spare parts, maintenance, pilot training, asset value and other guarantees, buy back options, 
remarketing arrangements or other forms of credit support .  This category shall also include the actual pricing 
information relating to any number of individual LCA offers and prices (including concessions) aggregated by 
model or other category.  WT/DS353/R 
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(f) In case either Party objects to the designation of information as HSBI under 
paragraphs 8(a)-(e), the dispute shall be reso lved by the Panel.  If the Panel disagrees 
with designation of information as HSBI, the submitting Party or Third Party may either designate it as BCI, as non-BCI/HSBI or withdraw the information.  The Panel 
shall either destroy such information or return it to the submitting Party or Third 
Party.  Each Party or Third Party may at  any time designate as non-BCI/HSBI or as 
BCI information previously designated by that Party or Third Party as HSBI.    
9. "HSBI Approved Person"  means Approved Persons specifically designated by the Parties, 
the Panel or the Director-General of the WTO or  his designee as having the right to access HSBI 
(according to the procedures laid down in Section IV), as well as the Panel members.  
10. "HSBI location"  means a room to be kept locked wh en not occupied and the access to which 
shall be possible only for HSBI Approved Persons, located:  
(a) for the HSBI submitted by the United Stat es, the European Communities, and any 
Third Parties, on the premises of the WTO (Centre William Rappard, Rue de 
Lausanne 154, Geneva, Switzerland); 
(b) for HSBI submitted by the United States, on the premises of the United States 
Mission to the European Union in Brussels; 
(c) for HSBI submitted by the European Comm unities, on the premises of the Delegation 
of the European Commission to th e United States in Washington;  
(d) for HSBI submitted by a Third Party, on the premises of its Geneva Mission to the 
WTO, should that Third Party so wish. 
11. "Locked CD"  means a CD-ROM that is not rewritable. 
12. "Outside Advisor"  means a legal counsel or other advisor of a Party or Third Party, who: 
(a) advises a Party or Third Party in the course of the dispute;  (b) is not an employee, officer or agent of an entity or an affiliate of an entity engaged in 
the manufacture of LCA, the provision of supplies to an entity engaged in the 
manufacture of LCA, or the supply of air transportation services; and 
(c) is subject to an enforceable code of professional conduct that includes an obligation 
to protect confidential information, or has been retained by another outside advisor 
who assumes responsibility for compliance with these procedures and is subject to such a code of professional conduct.  
 For purposes of this paragraph, outside legal counsel representing an LCA producer 
headquartered in the territory of one of the Pa rties or Third Parties in connection with these 
proceedings or outside consultants who have been  retained by such counsel to provide advice 
with regard to these proceedings are not c onsidered agents of an entity listed in 
subparagraph (b). 
 
13. "Panel " means the DS353 Panel composed on 22 November 2006. 
14. "Party"  means the European Communities or the United States. WT/DS353/R 
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14bis. "Party-BCI " means BCI originally submitted by a Party.  
15. "Representative"  means an employee of a Party or Third Party. 
16. "Sealed laptop computer"  means a laptop computer having (software and hardware) 
characteristics considered necessar y by the submitting Party for protection of HSBI, provided that it 
has software installed that permits such HSBI  to be searched and printed in accordance with 
paragraph 42.  However, HSBI may not be edited on the sealed laptop computer. 
17. "Secure site"  means a facility to be kept locked wh en not occupied and the access to which 
shall be possible only for Approved Persons, located:  
(a) in the case of the Panel, PGE members or experts appointed by the Panel in 
accordance with paragraph 1(d), and the Secretariat, on the premises of the WTO 
(Centre William Rappard, Rue de La usanne 154, Geneva, Switzerland); 
(b) in the case of the European Communities, th e offices of External Relations Team of 
the Legal Service of the European Commission (Rue de la Loi 200, Brussels, Belgium), the offices of Directorate Gene ral for Trade of the European Commission 
(Rue de la Loi 170, Brussels, Belgium), the offices of the Permanent Delegation of 
the European Communities to the International Organisations in Geneva (Rue du 
Grand-Pré 66, 1202 Geneva, Switzerland), a nd three additional sites specified in 
accordance with subparagraph (d); 
(c) in the case of the United States, the offi ces of the General Counsel of the Office of 
the United States Trade Representative (600 17th Street, NW, Washington, DC, USA), the Office of Defense Procurement and Acquisition Policy, Office of the 
Undersecretary of Defense for Acquisition, Technology & Logistics, the Pentagon, 
Arlington, VA, USA, the Mission of th e United States to the World Trade 
Organization (11, route de Pregny, 1292 Chambésy, Switzerland), and three additional sites specified in accordance with subparagraph (d); and 
(d) three sites other than a government office  that are designated by each Party for use by 
its Outside Advisors; provided  that the identity of those sites has been submitted to 
the other Party and the Panel, and the other Party has not objected to the designation of that site within ten days of such submission. 
(e) Any objections raised under subparagra ph (d) may be resolved by the Panel. 
18. "Stand-alone computer"  means a computer that is not connected to a network. 
19. "Stand-alone printer"  means a printer that is not connected to a network.   
20. "Third party" means a Member having notified its interest in the dispute to the DSB 
pursuant to DSU Article 10. 
21. "Third Party BCI Approved Person"  means a representative or Outside Advisor of a third 
party granted access to BCI pursuant to pa ragraphs 25 and 32, 32bis and 37bis. 
III. SCOPE 
22. These procedures apply to all BCI and HSBI re ceived by an Approved Person as a result of 
the Panel process and to all BCI reviewed, in accord ance with these procedures, by a Third Party BCI 
Approved Person .   WT/DS353/R 
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23. Unless specifically otherwise provided herein, these procedures do not apply to a Party's or 
Third Party's treatment of its own BCI and HSBI.  
IV. DESIGNATION OF APPROVED PERSONS 
24. At the latest on 23 February 2007, each Part y shall submit to the other Party and Third 
Parties, and to the Panel, a list of the names and titles of any Representatives and Outside Advisors 
who need access to BCI submitted by the other Party a nd/or Third Parties and whom it wishes to have 
designated as Approved Persons, along with any cleri cal or support staff that would have access to the 
BCI. On that list, each Party shall indicate whic h Approved Persons need access to HSBI submitted 
by the other Party and/or Third Parties and whom  it wishes to have designated as HSBI Approved 
Persons.  
25. There shall be no Third Party HSBI Approved Persons.  The designation of Third Party BCI 
Approved Persons shall be governed by paragraph 32. 
26. Each Party shall keep the number of Approved Persons as limited as possible.  Each Party 
may designate no more than a total of 37 Re presentatives and 20 Outside Advisors as "HSBI 
Approved Persons". 
27. The Panel Members,  any PGE me mbers or experts appointed by the Panel in accordance with 
paragraph 1(d) shall have access to BCI and HSBI .  The Director-General of the WTO, or his 
designee, shall submit to the Parties and Third Parties, and the Panel, a list of the employees of the Secretariat who need access to BCI and/or HSBI. 
28. Unless a Party objects to the designation of an  Outside Advisor of the other Party or an 
Employee of the Secretariat, the Panel shall desi gnate those persons as Approved Persons.  A Party 
also may object within ten days of becoming aware of information that was not available to the Party 
at the time of the filing of a list under paragraphs 24 or 27 that would suggest that designation of an 
individual is not appropriate.  If a Party objects,  the Panel shall decide on the objection within ten 
working days.   
29. An objection may be based on the failure to satis fy the definition of "Outside Advisor" or on 
any other compelling basis, including conflicts of interest.   
30. The Parties or the Director-General of the WT O, or his designee, may submit amendments to 
their lists at any time, subject to the overall limits  set out in paragraph 26 and to objections for the 
addition of new Approved Persons in accordance with paragraph 29. 
V. BCI 
31. Only Approved Persons and Third Party BCI Approved Persons  may have access to BCI 
submitted in this proceeding.  Third Party BCI Approved Persons may not have access to Party-BCI 
other than that included in the body of the submissions.
4 Approved Persons and Third Party BCI 
Approved Persons shall use BCI only for the purposes of this dispute.  No Approved Person shall 
disclose BCI, or allow it to be disclosed, to an y person except another Approved Person or Third 
Party BCI Approved Person.  No Third Party BCI Approved Person shall disclose BCI, or allow it to 
be disclosed, to any person except another Appr oved Person or Third Part y BCI Approved Person. 
                                                      
4  "Body of the submissions" includes Appendixes and Annexes of submissions, but does not include 
exhibits.   WT/DS353/R 
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32. Each Third Party that wants to access Party-BCI contained in the first submission of a Party 
shall submit to the Parties and the other Third Parties,  and to the Panel, a list of the names and titles of 
any Representatives and Outside Advisors (including clerical or support staff) who need access to 
such BCI and whom it wishes to have designated as Third Party BCI Approved Persons. Each Third 
Party shall keep the number of Third Party BCI Approved Persons as limited as possible. Each Third 
Party may designate no more than a total of 5 Re presentatives and Outside Advisors as Third Party 
BCI Approved Persons. 
32bis.  Unless a Party objects to the designation of an  Outside Advisor of a Third Party, the Panel 
shall designate those persons as Third Party Approve d Persons.  A Party also may object within ten 
days of becoming aware of information that was not av ailable to the Party at the time of the filing of a 
list under paragraph 32 above that would suggest that designation of an individual is not appropriate.  
If a Party objects, the Panel shall decide on the objection within ten working days.  An objection may be based on the failure to satisfy the definition of "Outside Advisor" or on an y other compelling basis, 
including conflicts of interest.   
33. A Party shall make no more than one copy of any BCI submitted by the other Party or a Third 
Party for each Secure site provided for that Party in paragraph 17. 
34. Parties may incorporate BCI in internal me moranda for the exclusive use of Approved 
Persons.  Any memorandum and the BCI it contains sh all be marked in accordance with paragraph 4. 
35. BCI submitted pursuant to these procedures shall not be copied, distributed, or removed from 
the Secure site, except as necessary for submission to the Panel.   
36. The treatment in a Party's submissions to the Panel of any BCI shall be governed by the 
provisions of this paragraph, which shall prevail to the extent of any conflict with the other provisions 
of the Working Procedures (includi ng these Procedures) relating to BCI.  
(a) Parties may incorporate BCI in submissions  to the Panel, marked as indicated in 
paragraph 4.  In exceptional cases, parti es may include BCI in an appendix to a 
submission.  
(b) Unless the Panel informs the Parties otherwise, a Party submitting a submission or 
appendix containing BCI shall also submit, within a time period to be set by the 
Panel, a version redacting any BCI.  Th is shall be referred to as the "Non-BCI 
Version";  
(c) A Non-BCI Version shall be sufficient to  permit a reasonable understanding of its 
substance.  In order to prepare such a Non-BCI Version: 
(i) A Party may request the Party that originally submitted the BCI, as soon as 
possible, to indicate with precision portions of documents containing BCI that may be included in the non-BCI Version and, if necessary to permit a reasonable understanding of the substance of the information, produce a Non-
BCI summary in sufficient detail to achieve this aim.  
(ii) Upon receipt of such a request, the Part y that originally submitted the BCI 
shall, as soon as possible, indicate with precision portions of documents 
containing BCI that may be included in the Non-BCI Version and, if necessary to permit a reasonable under standing of the substance of the 
information, produce a Non-BCI summary in sufficient detail to achieve this 
aim.   WT/DS353/R 
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(iii) The Panel shall resolve any disagreem ent as to whether the Party that 
originally submitted the BCI failed to indicate with sufficient precision portions of documents containing BCI that may be included in the Non-BCI Version and to produce, if necessary, a Non-BCI summary  in sufficient detail to permit a reasonable unders tanding of the substance of the 
information, and may take appropriate ac tion to ensure that the provisions of 
this paragraph are satisfied. 
(d) The responding Party may designate the pe rsonal offices of up to four of its 
Approved Persons as additional Secure sit es for the sole purpose of storing and 
permitting review of the BCI versions of the Pa rties’ submissions to the Panel.  All of 
the protections applicable to BCI under these procedures, including the storage rules 
in paragraph 39, shall apply to such subm issions. BCI exhibits may not, however, be 
stored at these locations.  The addresses of these locations (including room number) shall be notified to the Panel and the complaining Party. 
37. Any document containing BCI shall not be copied in excess of the number of copies required 
by the Approved Persons.  All copies of such doc uments shall be consecutively numbered.  The 
making of electronic copies shall be avoided whenev er possible.  Such documents may be transmitted 
electronically only by using secure e-mail.  If a Party or Third Party submits to the Panel an original 
document that cannot be transmitted electronically, it shall on the day of submission deliver a copy of 
that document to the first secure site listed for the Parties/Third Parties in paragraph 17. 
37bis. Notwithstanding paragraph 19 of the Working Procedures,
5 the following procedures apply to 
the access by Third Parties to a Party's submission that contains Party-BCI. 
(a) A Party's Submission containing Party-BCI shall not be serviced to Third Parties 
unless both Parties agree otherwise. 
(b) Third Party BCI Approved Persons may view Party-BCI contained in a Party's first 
written submission only in a Designated R eading Room. Third Party BCI Approved 
Persons may not bring into that room any electronic recording or transmitting 
devices.  Third Party BCI Approved Persons  may not remove a Party's first written 
submission containing Party-BCI from that  room, but may take handwritten notes of 
the Party-BCI contained therein.  Such notes shall be used exclusively for this dispute 
(that is, DS353).  Each person viewing a Pa rty's first written submission containing 
Party-BCI shall complete and sign a log identifying the submission the person 
reviewed. The WTO Secretariat shall main tain such log until one year after the 
Conclusion of the Panel Process .  Before entering and when leaving the room, 
Outside Advisors who are Third Party BCI  Approved Persons may be subject to 
appropriate controls.  
(c) If a Third Party BCI Approved Person removes from the Designated Reading Room a 
handwritten memo in accordance with subpa ragraph (b) above, that Third Party BCI 
Approved Person shall store th e memo only in a locked security container. Such 
memo shall be appropriately protect ed against improper inspection and 
eavesdropping when being consulted and will be transmitted in sealed heavy duty 
double envelopes only.  The content of such memo shall not be incorporated, electronically or in handwritten form, into the Non-BCI Version, as defined in 
paragraph 36(b).     
                                                     
 
5 Concerning service of documents. WT/DS353/R 
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(d) All Third Parties that have designated Third Party BCI Approved Persons must 
inform the Panel and both Parties, by a date set by the Panel, the identity of the specific room (including the address and the room number) in which the locked 
security container, as referred to in  subparagraph (c) above, is located.  
(e) If a Third Party BCI Approved Person removes from the Designated Reading Room a 
handwritten memo in accordance with subpa ragraph (b) above, such memo shall not 
be copied in excess of the number of copies required by the Third Party BCI 
Approved Persons.  All copies of such doc uments shall be consecutively numbered. 
The making of electronic copies of such memo shall be prohibited.  
(f) A Third Party may not incorporate into the body of its submission any Party-BCI . If 
a Third Party wishes to refer to any Party- BCI, the relevant arguments including such 
BCI should be incorporated into a separat e Appendix.  Such Appendix shall not be 
serviced to other Third Parties.   
(g) On the date determined by the Panel as the deadline to make the Third Party 
submission,  a Third Party shall service its submission only to the Parties and to the 
Panel. The submission shall be serviced to  the other Third Parties only after the 
Parties have confirmed that the submission does not contain or disclose Party-BCI.  A 
Party shall make this confirmation or otherw ise advise of any necessary change to the 
relevant Third Party within 2 working da ys of receiving the submissions of Third 
Parties.     
38. A Party or Third Party that wishes to submit or re fer to BCI at a Panel meeting shall so inform 
the Panel and the other Party, and Third Parties as  appropriate.  The Panel shall exclude persons who 
are not Approved Persons or, as appropriate, Thir d Party BCI Approved Pers ons from the meeting for 
the duration of the submission and discussion of BCI. 
39. Approved Persons shall store BCI only in lock ed security containers.  BCI shall be 
appropriately protected against improper inspecti on and eavesdropping when being consulted and will 
be transmitted in sealed heavy duty double envelopes only.  All work papers ( e.g., draft submissions, 
worksheets, etc.) containing BCI shall, when no long er needed, be shredded or  burned consistent with 
normal government practice for destroying sensitive documents. 
40. The Panel shall not disclose BCI in its report, but may make statements or draw conclusions 
that are based on the information drawn from the BCI.   
VI. HSBI 
41. Unless otherwise provided below, HSBI shall be subject to all the restrictions in Section V 
applicable to BCI.  
42. HSBI shall be submitted to the WTO in electronic form, using locked CDs or two Sealed 
laptop computers connectable to 19" - 21" monitors .  HSBI shall be stored at the HSBI location 
indicated in paragraph 10(a) and shall be made available for viewing and use by HSBI Approved 
Persons pursuant to paragraph 45 belo w.  Each Party shall maintain an  additional copy (electronic or 
hard) of the HSBI it submits to the WTO for access by HSBI Approved Persons acting on behalf of the other Party in the HSBI location listed in paragr aph 10 located within the other Party’s territory.  
A Stand-alone printer may be used to make hard c opies of any HSBI.  Such hard copies shall be made 
on distinctively colored paper.  Such hard copies sha ll either be stored in a safe at the relevant HSBI 
location, or destroyed at the end of the relevant working session.   WT/DS353/R 
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43. If a Third Party submits HSBI, it shall notify the Parties of the fact that such submission has 
been made.   
44. Except as otherwise provided in these procedures, HSBI shall not be stored, transmitted or 
copied either in written or electronic form. 
45. HSBI Approved Persons of a Party may view HSBI on the Sealed laptop computer submitted 
by the other Party /a Third Party or, in the case of HSBI submitted on Locked CDs on a Stand-alone 
computer, only in a designated room at one of th e HSBI locations indicated in paragraph 10, unless 
otherwise mutually agreed by the Parties. The d esignated room shall be available to HSBI Approved 
Persons from 9:00 a.m. to 5:00 p.m. during official  working days at the respective HSBI location, 
except at the location indicated in paragraph 10(a)  where the room will be available at any time, 
including weekends, to the Panel and the PGE me mbers or experts appointed by the Panel in 
accordance with paragraph 1(d), and to HSBI Appr oved Persons designated by the Director-General 
of the WTO or his designee.  HSBI Approved Pers ons may not bring into that room any electronic 
recording or transmitting devices.  HSBI Approved Persons may not remove HSBI from that room, 
except in the form of handwritten notes or aggr egated information generated on a Stand-alone 
computer.  In either case, such notes or informatio n shall be used exclusively for this dispute in 
connection with which the HSBI has been submitted.   Each person viewing the HSBI in the HSBI 
location shall complete and sign a l og identifying the HSBI that the pe rson reviewed or, alternatively, 
such a log can be generated automatically.  Each Part y shall, for the HSBI location within its territory 
referenced in paragraph 10, maintain such log until one year after the Conclusion of the Panel 
Process .  Before entering and when leaving the room, Outside Advisors who are HSBI Approved 
Persons may be subject to appropriate controls. Viewing of HSBI at the location indicated in 
paragraph 10(a) by HSBI Approved Persons designated by the Parti es shall be conducted under the 
observation of a WTO security guard or employee. 
46. No Approved Person shall disclose HSBI to  any person except another HSBI Approved 
Person, and then only for the purpose of this dispute.   
47. HSBI may be processed only on Stand-alone co mputers.  Any memorandum containing HSBI 
shall not be transmitted electronically, whethe r by e-mail, facsimile, or otherwise.   
48. A Party or Third Party that wishes to submit or  refer to HSBI at a Panel meeting shall so 
inform the Panel and the other Party, and Third Parties as appropriate.  The Panel shall exclude 
persons who are not HSBI Approved Persons from th e meeting for the duration of the submission and 
discussion of HSBI. 
49. All HSBI shall be stored in a safe at the relevant HSBI location. 
50. The treatment in a Party's submissions to the Panel of any HSBI shall be governed by the 
provisions of this paragraph, which shall prevail to the extent of any conflict with the other provisions 
of the Working Procedures (including these Procedures) relating to HSBI.  
(a) HSBI may be incorporated into a separate appendix to, but not the body of, a Party's 
submission, which shall be referred to as the "Full HSBI Version Appendix" of the 
appendix; 
(b) A Party submitting an appendix containing HSBI shall also submit, within a time 
period to be set by the Panel,  a version redacting any HSBI.  This shall be referred to 
as the "Redacted Version Appendix";  
(c) At the request of a Party, information contained in the Redacted Version Appendix 
may be treated as BCI, in accordance with the provisions of Section V;   WT/DS353/R 
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BCI deleted, as indicated [***] 
 
(d) A Redacted Version Appendix shall be sufficient to permit a reasonable 
understanding of its substance.  In orde r to prepare such a Redacted Version 
Appendix: 
(i) A Party may request that the Party that originally submitted the HSBI, as 
soon as possible, indicate with precision portions of documents containing HSBI that 
may be included in the Redacted Versi on Appendix and, if necessary to permit a 
reasonable understanding of the substance of  the information, produce a non-HSBI 
summary  in sufficient detail to achieve this aim. 
(ii) Upon receipt of such a request, the Party that originally submitted the HSBI 
shall, as soon as possible, indicate with precision portions of documents containing 
HSBI that may be included in the Redact ed Version Appendix and, if necessary to 
permit a reasonable understanding of the subs tance of the information, produce a non-
HSBI summary  in sufficient detail to achieve this aim.   
(iii) The Panel shall resolve any disag reement as to whether the Party that 
originally submitted the HSBI failed to indicate with sufficient precision portions of 
documents containing HSBI that may be included in the Redacted Version Appendix 
and to produce, if necessary, a non-HSBI summary  in sufficient detail to permit a 
reasonable understanding of the substance of the information, and may take appropriate action to ensure that the prov isions of this paragraph are satisfied. 
(e) The Full HSBI Version Appendix shall be kept in an HSBI Location in the form of a 
locked CD.  If that is not practical, th e Party may keep it in a locked security 
container in a Secure Site in the form of a locked CD.  
(f) The locked CD containing the Full HSBI Version Appendix sha ll bear the label 
marked 'FULL VERSION OF HSBI APPE NDIX TO SUBMISSION' and indicate the 
name of the Party that submitted the HSBI.  In addition, the HSBI Appendix itself shall be marked with heading with double bolded square brackets on each page in an 
electronic file that contains the notation 'FULL VERSION OF HSBI APPENDIX TO 
SUBMISSION'. The electronic file containi ng the HSBI Appendix shall have a file 
name that contains the letters "HSBI VERSION". 
(g) The Party shall submit one copy of the Full HSBI Version Appendix to the Panel (c/o 
the DS Registry), and two copies to the other Party in the form of  locked CDs.  The 
Full HSBI Version Appendix shall not be tran smitted via e-mail.  Parties shall agree 
between themselves beforehand on the name of the Approved  Person that is to 
receive the locked CD.   
(h) The Party shall commence transfer of th e locked CDs containing the Full HSBI 
Version Appendix no later than the deadline for the submission concerned, and, at the 
same time, provide the Panel and the other Pa rty with proof that this has been done.   
(i) No more than one working day in advance of  a Panel meeting with the parties, a Party 
may, exclusively at that Party's Permanen t Mission in Geneva, use the locked CD to 
produce no more than one hard copy of the Full HSBI Version Appendix for each HSBI Approved Person planning to attend that Panel meeting.   
(j) Panelists and the PGE members or experts appointed by the Panel in accordance with 
paragraph 1(d) and HSBI A pproved Persons designated by the Director-General of 
the WTO or his designee may, exclusively on the WTO premises, produce paper  WT/DS353/R 
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versions of the Full HSBI Version Appe ndix for the purpose of, and immediately 
prior to, a Panel meeting with the parties and/or an internal meeting.   
(k) Any hard copy of a Full HSBI Version shall be destroyed immediately upon the 
conclusion of a Panel meeting with the pa rties and/or an internal meeting.   
(l) The Panel reserves the right, after consulting the parties, to amend the provisions of 
this paragraph at any time in order to acco mmodate situations ar ising during Panel 
meetings, and the preparation of the interim report and the final report.  
51. The Panel shall not disclose HSBI in its report, but may make statements or draw conclusions 
that are based on the information drawn from the HSBI.   
VII. RESPONSIBILITY FOR COMPLIANCE 
52. Each Party and Third Party is responsible fo r ensuring that its Approved Persons and Third 
Party BCI Approved Persons comply with these proce dures to protect and to return or destroy BCI 
and HSBI submitted by each Party and Third Party,  as well as with enforceable codes of professional 
conduct to which its approve d persons or other outside advisors are subject.  The Secretariat is 
responsible for ensuring that its employees comply with these procedures to protect BCI and HSBI 
submitted by a Party or Third Party and for adhering to the requirements to provide access in the 
WTO to Approved Persons and to control the use by HSBI Approved Persons when reviewing the 
material in the WTO premises. The Panel shall comply with these procedures to protect BCI and 
HSBI submitted by a Party or Third Party.   
VIII.  ADDITIONAL PROCEDURES 
53. After consulting with the Parties, the Panel ma y apply any other additional procedures that it 
considers necessary to provide additional protections to the confidentiality of BCI or HSBI or other 
types of information not explicitl y covered by these Procedures but which the Panel considers may be 
of assistance in adjudicating the claims before it, including, if necessary, information that the 
United States internally classifies as "Top Secret", "Secret", or "Confidential". 
54. The Panel may, with the consent of both Parti es, waive any part of these procedures.  Such 
"waiver" shall be specifically set forth in writi ng and signed by a representative of both Parties. 
IX. RETURN AND DESTRUCTION 
55. Before the Conclusion of the Panel Process as de fined in paragraphs 3(a), 3(c) or 3(d), the 
Panel shall fix a period within which, the Panel, any PGE members or experts appointed by the Panel, 
the Secretariat, the Parties and Third Parties (along with all Approved Persons) shall destroy or return 
all documents (including electronic material) or othe r recordings containing BCI to the Party or Third 
Party that submitted such documents or other record ings.   At the same time, the Panel shall fix a 
period within which the Panel, Secretariat and Pa rties shall destroy and/or return any electronic 
material submitted by a Party or Third Party that contains HSBI to the Party or Third Party that submitted it.  
56. After the Conclusion of the Panel Process as de fined in paragraph 3(b), the Panel will inform 
the Appellate Body of these procedures and will transmit to the Appellate Body any BCI/HSBI 
governed by these Procedures.  Such transmission sh all occur separately from the rest of the Panel 
record, to the extent possible.   WT/DS353/R 
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57. The hard drive of all Stand-alone computers a nd all media used to back up such computers 
shall be destroyed at the Conclusion of the Panel Pr ocess as defined in paragraphs 3(a), 3(c) or 3(d). 
 
 
 
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