Document: WT/DS353/R Page D-1 BCI deleted, as indicated [***] 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
Date: 1 May 2009
Document codes: WT/DS353/R
Complainant: EU
Respondent: U.S.
Third parties: Australia, Brazil, Canada, China, Japan, South Korea
Dispute stage: Implementation & Compliance
Agreements cited: Art. 3.1, 3.2, 5, 6.3, 1.1, 2  Subsidies and Countervailing Measures (SCM)Art. III:4  GATT 1994

BCI deleted, as indicated [***]

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

BCI deleted, as indicated [***]

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 accordance 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" regardless 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 occur 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

BCI deleted, as indicated [***]

(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 Party'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.

BCI deleted, as indicated [***]

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.

BCI deleted, as indicated [***]

(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 when 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 the 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.

BCI deleted, as indicated [***]

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 Lausanne 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 paragraphs 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.

BCI deleted, as indicated [***]

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 clerical 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 members 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 Approved Person or Third Party BCI Approved Person.

4 "Body of the submissions" includes Appendixes and Annexes of submissions, but does not include
exhibits.

BCI deleted, as indicated [***]

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 any 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 shall 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 (including 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.

BCI deleted, as indicated [***]

(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.

BCI deleted, as indicated [***]

(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 otherwise 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 refer 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 Persons 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 inspection 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.

BCI deleted, as indicated [***]

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 computers. Any memorandum containing HSBI
shall not be transmitted electronically, whether 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;

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 substance 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 provisions 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 APPENDIX 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 Party 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

BCI deleted, as indicated [***]

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 parties 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 explicitly 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 writing 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.

BCI deleted, as indicated [***]

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 Process as defined in paragraphs 3(a), 3(c) or 3(d).