CANADA – MEASURES CONCERNING TRADE IN COMMERCIAL AIRCRAFT COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 3 October 2018
Document codes: WT/DS522/15
Complainant: Brazil
Respondent: Canada
Third parties: China, EU, Japan, Russia, Singapore, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3.1(a), 3.2, 3.1(b), 5(c), 6.3(a), 6.3(b), 6.3(c), 6.4, 6.5  Subsidies and Countervailing Measures (SCM)

CANADA – MEASURES CONCERNING TRADE IN COMMERCIAL AIRCRAFT
COMMUNICATION FROM THE PANEL
The following communication, dated 24 September 2018, was received from the Chairperson of the
Panel with the request that it be circulated to the Dispute Settlement Body.

Paragraph 2(5) of the Working Procedures for the Panel proceedings in the dispute Canada –
Measures Concerning Trade in Commercial Aircraft provides:

The Panel shall circulate its Working Procedures and Timetable and any amendments
thereto to WTO Members through the DS document series for this dispute.

Based on the foregoing, please find enclosed the Working Procedures adopted by the Panel on
9 March 2018.

I would be grateful if you would circulate this document to the DSB.

WORKING PROCEDURES OF THE PANEL

Adopted on 9 March 2018

General

1. (1) In this proceeding, the Panel shall follow the relevant provisions of the Understanding
on Rules and Procedures Governing the Settlement of Disputes ("DSU"). In addition, the
following Working Procedures apply.
(2) The Panel reserves the right to modify these procedures as necessary, after consultation
with the parties.
Confidentiality
2. (1) The deliberations of the Panel and the documents submitted to it shall be kept
confidential. T he parties and third parties shall treat as confidential information that is
submitted to the Panel , including but not limited to information that is designated as
confidential by the party submitting it.
(2) Nothing in the DSU or in these Working Procedures shall preclude a party or third party
from disclosing statements of its own positions to the public.
(3) If a party submits a confidential version of its written submissions to the Panel, it shall
also, upon request of a Member, provide a non -confidential summary of the information
contained in its submissions that could be disclosed to the public.
(4) Upon request, the Panel may adopt appropriate additional procedures for the treatment
and handling of business confidenti al information and highly sensitive business information
after consultation with the parties.
(5) The Panel shall circulate its Working Procedures and Timetable and any amendments
thereto to WTO Members through the DS document series for this dispute.
Submissions

3. (1) Before the first substantive meeting of the Panel with the parties, each party shall
submit a written submission in which it presents the facts of the case and its arguments, in
accordance with the timetable adopted by the Panel.
(2) Each party shall also submit to the Panel, prior to the second substantive meeting of
the Panel, a written rebuttal, in accordance with the timetable adopted by the Panel.
(3) Each third party that chooses to make a written submission prior to the first substantive
meeting of the Panel with the parties shall do so in accordance with the timetable adopted by
the Panel.
(4) The Panel may invite the parties to make additional submissions in the course of the
proceeding. The Panel may also invite the thi rd parties to make additional submissions up
until and including the first substantive meeting.
Preliminary rulings
4. (1) The following procedures apply to any request for preliminary ruling in this dispute:
a. Any party shall submit a request for a preliminary ruling at the earliest possible opportunity
and in any event no later than in its first written submission to the Panel. If the
Complainant requests such a ruling, the Respondent shall submit its response to the
request in its first written submission. If the Respondent requests such a ruling, the
Complainant shall submit its response to the request prior to the first substantive meeting

of the Panel, at a time to be determined by the Panel in light of the request. This procedure
does not apply in respect of the request for a preliminary ruling submitted by Canada on
24 October 2017. Additional exceptions to this procedure shall be granted upon a showing
of good cause.
b. The Panel may issue a preliminary ruling on the issues raised in such a preliminary ruling
request before, during or after the first substantive meeting , or the Panel may defer a
ruling on the issues raised by a preliminary ruling until it issues its Report to the parties.
c. In the event that the Panel finds it appropriate to issue a preliminary ruling prior to the
issuance of its Report, the Panel may provide reasons for the ruling at the time that the
ruling is made, or subsequently in its Report.
d. Any request for such a preliminary ruling by the respondent prior to the first meeting, and
any subsequent submissions of the parties in relation thereto prior to the first meeting,
shall be served on all third parties. The Panel may provide all third parties with an
opportunity to provide comments on any such request, either in their submissions as
provided for in the timetable or separately. Any preliminary ruling issued by the Panel
prior to the first substantive meeting on whether certain measures or claims are properly
before the Panel shall be communicated to all third parties.
e. The Panel may, upon request of either party , transmit any such preliminary ruling to the
Dispute Settlement Body for circulation prior to the circulation of the Report. Any
preliminary ruling circulated prior to the issuance of the Report shall become an integral
part of the Report. Such circulation shall be without prejudice to the parties' right to make
requests for the review of precise aspects of any preliminary ruling during the in terim
review stage.
(2) This procedure is without prejudice to the parties' right to request other types of
procedural rulings in the course of the proceeding, and to the procedures that the Panel may
follow with respect to such requests.
Evidence
5. (1) Each party shall submit all evidence to the Panel no later than during the first
substantive meeting, except evidence necessary for purposes of rebuttal, or evidence
necessary for answers to questions or comments on answers provided by the other party.
Additional exceptions may be granted upon a showing of good cause.
(2) If any new evidence has been admitted upon a showing of good cause, the Panel shall
accord the other party an appropriate period of time to comment on the new evidence
submitted.
6. (1) Where the original language of an exhibit or portion thereof is not a WTO working
language, the submitting party or third party shall simultaneously submit a translation of the
exhibit or relevant portion into the WTO working language of the submission. The Panel may
grant reasonable extensions of time for the translation of exhibits upon a showing of good
cause.
(2) Any objection as to the accuracy of a translation shall be raised promptly in writing,
preferably no later than the next submission or meeting (whichever occurs earlier) following
the submission which contains the translation in question. Any objection shall be accompanied
by a detailed explanation of the grounds for the objection and an alternative translation.
7. (1) To facilitate the mainte nance of the record of the dispute and maximize the clarity of
submissions, each party and third party shall sequentially number its exhibits throughout the
course of the dispute, indicating the submitting Member and the number of each exhibit on its
cover page. For example, exhibits submitted by Brazil should be numbered BRA-1, BRA-2,
etc. If the last exhibit in connection with the first submission was numbered BRA-5, the first
exhibit in connection with the next submission thus would be numbered BRA-6.

(2) Each party shall provide an updated list of exhibits (in Word or Excel format) together
with each of its submissions, oral statements, and responses to questions.
(3) If a party submits a document that has already been submitted as an exhibit by the
other party, it should explain why it is submitting that document again.
Editorial Guide
8. In order to facilitate the work of the Panel, each party and third party is invited to make its
submissions in accordance with the WTO Editorial Guide for Panel Submis sions (electronic copy
provided).
Questions

9. The Panel may pose questions to the parties and third parties at any time, including:
a. Prior to any meeting, the Panel may send written questions, or a list of topics it intends
to pursue in questioning ora lly in the course of a meeting. The Panel may ask different or
additional questions at the meeting.
b. The Panel may put questions to the parties and third parties orally in the course of a
meeting, and in writing following the meeting, as provided for in paragraphs 15 and 21 below.
Substantive meetings

10. The Panel shall meet in closed session. Upon request, the Panel may adopt additional
procedures for the recording and broadcasting to the public of the parties' opening statements
delivered during substantive meetings with the Panel.
11. The parties shall be present at the meetings only when invited by the Panel to appear before
it.
12. (1) Each party has the right to determine the c omposition of its own delegation when
meeting with the Panel.
(2) Each party shall have the responsibility for all members of its delegation and shall
ensure that each member of its delegation acts in accordance with the DSU and these Working
Procedures, particularly with regard to the confidentiality of the proceeding and the
submissions of the parties and third parties.
13. Each party shall provide to the Panel the list of members of its delegation no later than
5.00 p.m. (Geneva time) three working days preceding the first day of each meeting with the Panel.
14. A request for interpretation by any party should be made to the Panel as early as possible,
preferably at the organizational stage, to allow sufficient time to ensure availability of interpreters.
15. The first substantive meeting of the Panel with the parties shall be conducted as follows:
a. The Panel shall invite Brazil to make an opening statement to present its case first.
Subsequently, the Panel shall invite Canada to present its point of view. Before each party
takes the floor, it shall provide the Panel and other participants at the meeting with a
provisional written version of its statement. In the event that interpretation is needed, each
party shall provide additional copies for the interpreters.
b. Each party should avoid lengthy repetition of the arguments in its submissions. Each
party is invited to limit the length of its opening statement to 75 minutes. If either party
considers that it requires more time for its opening statement, it should inform the Panel and
the other party at least 10 days prior to the meeting, and it should also provide, at the same
time, an estimate of the length of its statement. The Panel will accord equal time to both
parties for their statements.

c. After the conclusion of the opening statements, the Panel shall give each party the
opportunity to make comments or ask the other party questions.
d. The Panel may subsequently pose questions to the parties.
e. Once the questioning has concluded, the Panel shall afford each party an opportunity to
present a brief closing statement, with Brazil presenting its statement first. Before each party
takes the floor, it shall provide the Panel and other participants at the meeting with a
provisional written version of its closing statement, if available.
f. Following the meeting:
i. Each party shall submit a final written version of its opening statement no later than
5.00 p.m. (Geneva time) on the first working day following the meeting. At the same
time, each party shou ld also submit a final written version of any prepared closing
statement that it delivered at the meeting.
ii. Each party shall send in writing, within the timeframe established by the Panel prior
to the end of the meeting, any questions to the other party to which it wishes to receive
a response in writing.
iii. The Panel shall send in writing, within the timeframe established by the Panel prior to
the end of the meeting , any questions to the parties to which it wishes to receive a
response in writing.
iv. Each part y shall respond in writing to the questions from the Panel, and to any
questions posed by the other party, within the time -frame established by the Panel
prior to the end of the meeting.
16. The second substantive meeting of the Panel with the parties shall be conducted in the same
manner as the first substantive meeting with the Panel, except that Canada shall be given the
opportunity to present its oral statement first. If Canada chooses not to avail itself of that right, it
shall inform the Panel and the other party no later than 5.00pm (Geneva time) three working days
day prior to the meeting. In that case, Brazil shall present its opening statement first, followed by
Canada. The party that presented its opening statement first shall present its closing statement first.
Third party session

17. The third parties shall be present at the meetings only when invited by the Panel to appear
before it.
18. (1) Each third party has the right to determine the composition of its own delegation when
meeting with the Panel.
(2) Each third party shall have the responsibility for all members of its delegation and shall
ensure that each member of its delegation acts in accordance with the DSU and these Working
Procedures, particularly with regard to the confidentiality of the proceeding and the
submissions of the parties and third parties.
19. A request for interpretation by any third party should be made to the Panel as early as
possible, preferably upon receiving the working procedures and timetable for the proceeding, to
allow sufficient time to ensure availability of interpreters.
20. (1) Each third party may present its views orally during a session of the first substantive
meeting with the parties set aside for that purpose.
(2) Each third party shall indicate to the Panel whether it intends to make an oral statement
during the third party session, along with the list of members of its delegation, in advance of
this session and no later than 5.00 p.m. (Geneva time) three working days preceding the first
day of each meeting with the Panel.

21. The third-party session shall be conducted as follows:
a. All parties and third parties may be present during the entirety of this session.
b. The Panel shall first hear the oral statements of the third parties, who shall speak in
alphabetical order. Each third party making an oral statement at the third -party session
shall provide the Panel and other participants with a provisional written version o f its
statement before it takes the floor. In the event that interpretation is needed, a third party
shall provide additional copies for the interpreters.
c. Each third party should limit the length of its statement to 15 minutes, and avoid repetition
of the arguments already in its submission. If a third party considers that it requires more
time for its opening statement, it should inform the Panel and the parties at least 10 days
prior to the meeting, and it should also provide, at the same time, an est imate of the
length of its statement. The Panel will accord equal time to all third parties for their
statements.
d. After the third parties have made their statements, the parties shall be given the
opportunity to pose questions to any third party for cla rification on any matter raised in
that third party's submission or statement.
e. The Panel may subsequently pose questions to any third party.
f. Following the third-party session:
i. Each third party shall submit the final written version of its oral s tatement, no later
than 5.00 p.m. (Geneva time) on the first working day following the meeting.
ii. Each party may send in writing, within the timeframe to be established by the Panel
prior to the end of the meeting, any questions to a third party or part ies to which it
wishes to receive a response in writing.
iii. The Panel may send in writing, within the timeframe to be established by the Panel
prior to the end of the meeting , any questions to a third party or parties to which it
wishes to receive a response in writing.
iv. Each third party choosing to do so shall respond in writing to written questions from
the Panel or a party, within a timeframe established by the Panel prior to the end of
the meeting.

Descriptive part and executive summaries

22. The description of the arguments of the parties and third parties in the descriptive part of the
Panel report shall consist of executive summaries provided by the parties and third parties, which
shall be annexed as addenda to the report. These executive s ummaries shall not in any way serve
as a substitute for the submissions of the parties and third parties in the Panel's examination of the
case.
23. Each party shall submit two integrated executive summaries. The first integrated executive
summary shall s ummarize the facts and arguments as presented to the Panel in the party's first
written submission, its first oral statement, and where possible, its responses to questions following
the first substantive meeting. The second integrated executive summary shall summarize its second
written submission, its second oral statement, and where possible, its responses to the second set
of questions and comments thereon following the second substantive meeting. The timing of the
submission of these two integrated executive summaries shall be indicated in the timetable adopted
by the Panel.
24. Each integrated executive summary shall be limited to no more than 15 pages.

25. The Panel may request the parties and third parties to provide executive summaries of facts
and arguments presented in any other submissions to the Panel for which a deadline may not be
specified in the timetable.
26. Each third party shall submit an integrated executive summary of its arguments as presented
in its written submission and statement in accordance with the timetable adopted by the Panel. This
integrated executive summary may also include a summary of responses to questions, if relevant.
The executive summary to be provided by each third party shall not exceed six pages. If a third -
party submission and/or oral statement does not exceed six pages in total, this may serve as the
executive summary of that third party's arguments.
Interim review

27. Following issuance of the interim report, each party may submit a written request to revie w
precise aspects of the interim report and request a further meeting with the Panel, in accordance
with the timetable adopted by the Panel. The right to request such a meeting shall be exercised no
later than at the time the written request for review is submitted.
28. In the event that no further meeting with the Panel is requested, each party may submit
written comments on the other party's written request for review, in accordance with the timetable
adopted by the Panel. Such comments shall be limited to commenting on the other party's written
request for review.
Interim and Final Report
29. The interim report, as well as the final report prior to its official circulation, shall be kept
strictly confidential and shall not be disclosed.
Service of documents

30. The following procedures regarding service of documents apply to all documents submitted by
parties and third parties in the course of the proceeding:
a. Each party and third party shall submit all documents to the Panel by submitting them to
the DS Registry(dsregistry@wto.org), preferably in Microsoft Word format and PDF
format, either on a USB key, CD-ROM a DVD or as an e-mail attachment.
b. The electronic version of documents shall constitute the offic ial version for the purposes
of the record of the dispute.
c. All e-mails from the parties to the Panel shall be addressed to DSRegistry@wto.org, and
copied to other WTO Secretariat staff whose e-mail addresses have been provided to the
parties in the course of the proceeding. If a CD-ROM/DVD or USB key is provided, it shall
be filed with the DS Registry.
d. In addition, each party and third party is invited to submit all documents through the
Digital Dispute Settlement Registry (DDSR) within 24 hours following the deadline for
submitting the documents to the DS Registry. If the parties or third parties have any
questions or technical difficulties relating to the DDSR, they are invited to consult the
DDSR User Guide (electronic copy provided) or contact the DS Registry at
DSRegistry@wto.org. Within the same deadline, each party shall provide the DS Registry
(Office No. 2047) with a paper copy of any document submitted to the Panel.
e. Each party shall serve any document submitted to the Panel directly on the other party.
Each party shall, in addition, serve any submissions in advance of the first substantive
meeting with the Panel directly on the third parties. Each third party shall serve any
document submitted to the Panel directly on the parties and on all other third parties. A
party or third party may submit its documents to another party or third party in electronic
format only, either on a USB key, CD-ROM, a DVD or as an e-mail attachment, except as
otherwise provided under additional procedures for the treatment and handling of business
confidential information and highly sensitive business information. Each party and third

party shall confirm, in an e -mail, that copies have been served on the parties and third
parties, as appropriate, at the time it provides each document to the Panel.
f. Each party and third party shall submit its documents to the DS Registry and serve copies
on the other party (and third parties where appropriate) by 5.00 p.m. (Geneva time) on
the due dates established by the Panel.
g. As a general rule, all communications from the Panel to the parties and third parties will
be via e-mail.
Correction of clerical errors in submissions
31. The Panel may grant leave to a party or third party to correct clerical errors in any of its
submissions (including paragraph numbering and typographical mistakes). Any such request should
identify the nature of the errors to be corrected, and should be ma de promptly following the filing
of the submission in question.