Document: WT/DS316/R Page E-1 BCI deleted, as indicated [***] ANNEX E Contents Page Annex E European Communities and Certain Member States – Measures Affecting Trade in Large Civil Aircraft , (WT/DS316), Additional Working Procedures for DS316– Procedures for the Protection of Business Confidential Information and Highly Sensitive Business
Date: 9 November 2007
Document codes: WT/DS316/R
Complainant: U.S.
Respondent: EU, France, Germany, Spain, United Kingdom
Third parties: Australia, Brazil, Canada, China, Japan, South Korea
Dispute stage: Retaliation & Arbitration
Agreements cited: Art. 3.1, 3.2, 5, 6.3  Subsidies and Countervailing Measures (SCM)Art. XVI:1  GATT 1994Art. 1, 2  Subsidies and Countervailing Measures (SCM)Art. III:4  GATT 1994

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ANNEX E

Contents Page
Annex E European Communities and Certain Member States – Measures
Affecting Trade in Large Civil Aircraft , (WT/DS316), Additional
Working Procedures for DS316– Procedures for the Protection of
Business Confidential Information and Highly Sensitive Business
Information, 9 November 2007 ("BCI/HSBI procedures")
E-2

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ANNEX E

EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES – MEASURES
AFFECTING TRADE IN LARGE CIVIL AIRCRAFT, (WT/DS316),
ADDITIONAL WORKING PROCEDURES FOR DS316 – PROCEDURES
FOR THE PROTECTION OF BUSINESS CONFIDENTIAL INFORMATION
AND HIGHLY SENSITIVE BUSINESS INFORMATION
("BCI/HSBI PROCEDURES")

(Revised 9 November 2007)

I. GENERAL

 The following Procedures apply to all business confidential information ("BCI") and highly
sensitive business information ("HSBI") on the Panel record, including BCI and HSBI submitted
during the information-gathering process under A nnex V of the SCM Agreement and transmitted by
the Facilitator as part of his report to the Panel. 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;

(c) the Facilitator; and

(d) 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.

2bis "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.

3. "Conclusion of the Panel Process" means the earliest to occur of the following events:

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(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

(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

(d) The above provisions shall apply to all s ubmissions, including exhibits, by a Party or
Third Party.

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

(c) The above provisions shall apply to all s ubmissions, including exhibits, by a Party or
Third Party.

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 [***]

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. "Facilitator" means the person designated by the DSB for the purpose of the DS316 dispute
in accordance with paragraph 4 of Annex V of the SCM Agreement.

9. "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
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 generate d by LCA producers, consultants,
investment banks or the European In vestment Bank, 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.

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.

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(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 HS BI (e.g., that HSBI demonstrates that a
producer engaged in price undercutting). Such conclusions shall be treated as
neither BCI nor HSBI;

(iii) contracts on the granting of launch aid or reimbursable launch investment and
project appraisal documents relating thereto, other than information described
in subparagraph (a);

(iv) the terms and conditions of loans, other than information described in
subparagraph (a); and

(v) intergovernmental agreements a nd 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.

(f) Except for BCI and HSBI submitted during the information-gathering process under
Annex V of the SCM Agreement and transmitted by the Facilitator as part of his
report to the Panel BCI or HSBI, in case either Party objects to the designation of
information as HSBI under paragraphs 9(a)-(e ), the dispute shall be resolved 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 d estroy 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 prev iously designated by that Party or
Third Party as HSBI.

10. "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.

11. "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 St ates, 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;

BCI deleted, as indicated [***]

(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.

12. "Locked CD" means a CD-ROM that is not rewritable.

13. "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).

14. " Panel" means the DS316 Panel composed on 17 October 2005.

15. "Party" means the European Communities or the United States.

15bis " Party-BCI" means BCI originally submitted by a Party.

16. "Representative" means an employee of a Party or Third Party.

17. "Sealed laptop computer" means a laptop computer having (software and hardware)
characteristics considered necessary by the submitting Party for protection of that HSBI, provided that
it has software installed that permits such HSBI to be searched and printed in accordance with
paragraph 44. However, HSBI may not be edited on the sealed laptop computer.

18. "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, the Facilitator, PGE members or experts appointed by the
Panel in accordance with paragraph 1(d), a nd 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

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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 offices of the Import Administration, United States Department of
Commerce (600 17th Street, NW, Washington, DC, USA), the Mission of the
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 iden tity 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.

19. "Stand-alone computer" means a computer that is not connected to a network.

20. "Stand-alone printer" means a printer that is not connected to a network.

20bis "Submission" means any written, electronic, or uttered information transmitted to the Panel,
including but not limited to, correspondence, writte n submissions, exhibits, oral statements, and
answers to questions.

21. "Third party" means a Member having notified its interest in the dispute to the DSB
pursuant to DSU Article 10.

22. "Third Party BCI Approved Person" means a representative or Outside Advisor of a
third party granted access to BCI pursuant to paragraphs 27, 34, 34bis and 39bis.

III. SCOPE

23. These procedures apply to all BCI and HSBI received by an Approved Person as a result of
the Annex V procedures and/or the Panel process an d to all BCI reviewed, in accordance with these
procedures, by a Third Party BCI Approved Person. As soon as the Facilitator transfers the BCI and
HSBI to the Panel as envisaged in his 24 February transmittal letter accompanying his Annex V report
to the Panel and Approved Persons are designated in accordance with paragraph 30, these procedures
shall supersede the BCI/HSBI Procedures adopted by the Facilitator.

24. 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.

25. The Panel is aware that the European Communities ma y need to submit information that it
internally classifies as "EU Top Secret", "EU Secr et" or "EU Confidential". The Panel will to the
extent possible implement procedures for the protec tion of such classified information in the event
that either Party informs the Secretariat that it w ill be submitting such classified information and has
not already designated it as BCI or HSBI. In such cases, the submitting Party shall propose
appropriate procedures for the protection of such classified information.

BCI deleted, as indicated [***]

IV. DESIGNATION OF APPROVED PERSONS

26. At the latest on 23 October 2006, each Party sh all 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 and/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 wh ich 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.

27. There shall be no Third Party HSBI Approve d Persons. The designati on of Third Party BCI
Approved Persons shall be governed by paragraphs 34 and 34bis.

28. Each Party shall keep the number of Approve d Persons as limited as possible. Each Party
may designate no more than a total of 30 Re presentatives and 20 Outside Advisors as "HSBI
Approved Persons".
29. The Panel Members, the Facilitator, 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.

30. 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 26 or 29 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.

31. An objection may be based on the failure to sa tisfy the definition of "Outside Advisor" or on
any other compelling basis, including conflicts of interest.

32. The Parties or the Director-General of the WTO, or his designee, may submit amendments to
their lists at any time, subject to the overall limits set out in paragraph 28 and to objections for the
addition of new Approved Persons in accordance with paragraph 31.

V. BCI

33. Only Approved Persons a nd 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 submissions. Approved Persons and Th ird 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 any person excep t another Approved Person or Third Party BCI
Approved Person. No Third Party BCI Approved Pe rson shall disclose BCI, or allow it to be
disclosed, to any person except another Approved Person or Third Party BCI Approved Person.

34. Each Third Party that wants to access Party-BCI contained in the first submission of a Party
shall submit to the other Party and Third Parties, an d to the Panel, a list of the names and titles of any
Representatives and Outside Advisors (including cler ical or support staff) who need access to such
BCI and whom it wishes to have designated as Appr oved Persons. Each Third Party shall keep the
number of Approved Persons as limite d as possible. Each Third Party may designate no more than a
total of 5 Representatives and Outside Advisors as Approved Persons.

BCI deleted, as indicated [***]

34bis. Unless a Party objects to the designation of an Outside Advisor of a Third Party, the Panel
shall designate those persons as Approved Persons. A Party also may object within ten days of
becoming aware of information that was not availabl e to the Party at the time of the filing of a list
under paragraph 34 above that would suggest that desi gnation of an individual is not appropriate. If a
Party objects, the Panel shall decide on the objectio n within ten working days. An objection may be
based on the failure to satisfy the definition of "O utside Advisor" or on any other compelling basis,
including conflicts of interest.

35. 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 18.

36. Parties may incorporate BCI in internal memoranda for the exclusive use of Approved
Persons. Any memorandum and the BCI it contains shall be marked in accordance with paragraph 4.

37. 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.

38. The treatment in a Party's submissions to th e 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 submissi ons to the Panel, marked as indicated in
paragraph 4. In exceptional cases, parti es may include BCI in an appendix to a
submission.

(b) 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. This shall be
referred to as the "Non-BCI Version". Howe ver, a Party is not required to submit a
"Non-BCI Version" of any exhibit containing BCI, unless specifically directed to do
so by the Panel;

(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 Party 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.

(iii) The Panel shall resolve any disag reement 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

BCI deleted, as indicated [***]

to permit a reasonable understanding of th e substance of the information, and
may take appropriate action to ensure that the provisions of this paragraph are
satisfied.

(d) The responding Party may designate the pers onal offices of up to four of its Approved
Persons as additional Secure sites for the sole purpose of storing and permitting
review of the BCI versions of the Parties' submissions to the Panel. All of the
protections applicable to BCI under these procedures, including the storage rules in
Paragraph 41, shall apply to such submissi ons. BCI exhibits to submissions may not
be stored or reviewed at these additional Secure sites. The responding Party shall
submit the address (including room number) of each of the additional Secure sites to
the Panel and the complaining Party.

39. 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 18.

39bis Notwithstanding paragraph 19 of the Working Procedures
4, 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 Approved Persons may view Part y-BCI contained in a Party's first written
submission only in a Designated Reading Room. Third Party BCI Approved Person
may not bring into that room any electronic recording or transmitting devices. Third
Party BCI Approved Person may not remove a Party's 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, DS316). Each
person viewing a Party's Submission containing Party-BCI shall complete and sign a
log identifying the submission the person reviewed. The WTO Secretariat shall
maintain such log until one year afte r the Conclusion of the Panel Process . Before
entering and when leaving the room, Outs ide 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 the 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 38(b).

(d) All Third Parties that have designate d Third Party BCI Approved Persons must
inform the Panel and both Parties the identity of the specific room (including the

4 Concerning service of documents.

BCI deleted, as indicated [***]

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 docum ents 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 Pane l 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 days of receiving the submissions of
Third Parties.

40. 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.

41. Approved Persons shall store BCI only in lo cked 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.

42. 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

43. Unless otherwise provided below, HSBI shall be subject to all the restrictions in Section V
applicable to BCI.

44. 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 11(a) and shall be made available for viewing and use by HSBI Approved
Persons pursuant to paragraph 47 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 paragraph 11 located within the other Party's territory. A
Stand-alone printer may be used to make hard copi es 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 [***]

45. If a Third Party submits HSBI, it shall notify th e Parties of the fact that such submission has
been made.

46. Except as otherwise provided in these procedur es, HSBI shall not be stored, transmitted or
copied either in written or electronic form.

47. 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 11, 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 11(a) where the room will be available at any time,
including weekends, to the Panel, the Facilitator and the PGE members or experts appointed by the
Panel in accordance with para graph 1(d), and to HSBI Appr oved Persons designated by the
Director-General of the WTO or his designee. HSBI Approved Persons 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 handwritte n notes or aggregated in formation generated on a
Stand-alone computer. In either case, such notes or information 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 log iden tifying the HSBI that the person reviewed or,
alternatively, such a log can be generated automa tically. Each Party shall, for the HSBI location
within its territory referenced in paragraph 11, ma intain such log until one year after the Conclusion
of the Panel Process . Before entering and when leaving th e room, Outside Advisors who are HSBI
Approved Persons may be subject to appropriate controls. Viewing of HSBI at the location indicated
in paragraph 11(a) by HSBI Approved Persons desi gnated by the Parties shall be conducted under the
observation of a WTO security guard or employee.

48. No Approved Person shall disclose HSBI to any person except another HSBI Approved
Person, and then only for the purpose of this dispute.

49. 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.

50. 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.

51. All HSBI shall be stored in a safe at the relevant HSBI location.

52. The treatment in a Party's submissions to th e 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 appendix shall be comprehensible in itself. The document
containing the HSBI shall be referred to as the "Full HSBI Version 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";

BCI deleted, as indicated [***]

(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;

(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 Version Appendix and, if
necessary to permit a reasonable under standing 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 Redacted 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 ac tion 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 shall 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 contai ning the HSBI Appendix shall have a file
name that contains the letters "HSBI VERSION".

(g) The Party shall submit one copy of th e Full HSBI Version Appendix to the Panel
(c/o the DS Registry), and two copies to the other Party in the form of two locked
CDs. The Full HSBI Version Appendix sha ll not be transmitted 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 the 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.

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(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, the Facilitator and the PGE memb ers or experts appointed by the Panel in
accordance with paragraph 1(d) and HSBI Approved Persons designated by the
Director-General of the WTO or his designee may, exclusively on the WTO
premises, produce paper versions of the Full HSBI Versi on Appendix for the purpose
of, and immediately prior to, a Panel meeti ng with the parties and/or an internal
meeting.

(k) Any hard copy of an Full HSBI Version shall be destroyed immediately upon the
conclusion of a Panel meeting with the parties and/or an internal meeting.

(kbis) Parties are encouraged to submit versions of exhibits containing HSBI from which all
HSBI has been deleted. Such exhibits shall be referred to as "HSBI-Redacted
Version Exhibits". HSBI-Redacted Version Exhibits may contain BCI.

(i) A Party may submit HSBI-Redacted Vers ion Exhibits prepared by that Party
to the Panel, and serve them on the other Party in accordance with the
applicable procedures, at the time it serves the submission to which the
exhibit relates.

(ii) If a HSBI-Redacted Version Exhibit is not submitted by the Party submitting
the exhibit, an HSBI-Approved Person representing the other Party may
prepare an HSBI-Redacted Version Exhibit of any such exhibit.

(iii) HSBI-Redacted Version Exhibits may be prepared by an HSBI-Approved
person, at an HSBI location, by deleting the HSBI in the exhibit (identified
by double brackets) from such exhibit and either printing or photo-copying
the resulting document containing no HSBI. The deletion of HSBI from the
resulting document shall be verified by a person authorized for this purpose
by the Party that submitted the exhibit(s) in question. The resulting
document containing no HSBI (but which may contain BCI) will constitute
the HSBI-Redacted Version Exhibit of such exhibit, and may be removed
from the HSBI location.

(iv) The Parties shall cooperate to the ma ximum extent possible to make available
necessary facilities, including printers, p hoto-copiers, and physical means for
the deletion of text from a document, to enable the preparation of
HSBI-Redacted Version Exhibits , including making available an
HSBI-Approved Person for purposes of the verification provided for in
paragraph (iii) above. HSBI-Redacted Ve rsion Exhibits may be prepared by
HSBI-Approved Persons upon request duri ng the times the designated room
at the relevant HSBI location is availa ble, as provided for in paragraph 47 of
these Procedures.

(v) The Panel shall resolve any disagreem ent arising from the operation of this
sub-paragraph, and may take appropriate action to ensure that the provisions
of this paragraph are satisfied.

BCI deleted, as indicated [***]

(l) The Panel reserves the right, after consulti ng 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.

53. 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

54. Each Party and Third Party is responsible for ensuring that its Approved Persons and
Third Party BCI Approved Persons comply with th ese procedures to protect BCI and HSBI submitted
by each Party and Third Party, as well as with en forceable codes of professional conduct to which its
approved persons or other outside a dvisors 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 wh en 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

55. After consulting with the Parties, the Panel may 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.

56. The Panel may, with the consent of both Par ties, 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

57. After the Conclusion of the Panel Process as define d in paragraphs 3(a), 3(c) or 3(d), within a
period fixed by the Panel, the Panel, any PGE me mbers or experts appointed by the Panel, the
Facilitator, the Secretariat, the Parties and Thir d Parties (along with all Approved Persons) shall
destroy or return all documents (including electronic material) or other recordings containing BCI to
the Party or Third Party that submitted such documen ts or other recordings. The Panel, Secretariat
and Parties shall destroy and/or return any electroni c material submitted by a Party or Third Party that
contains HSBI.

58. After the Conclusion of the Panel Process as defined 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.

59. The hard drive of all Stand-alone computers and all media used to b ack up such computers
shall be destroyed at the Conclusion of the Panel Process.