Disclosure Undertaking with Respect to Information Related to Proceedings Under the Special Import Measures Act (Non-resident counsel)

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Request for Disclosure of information pursuant to subsection 84(3) of the Special Import Measures Act and Disclosure of customs information for use in proceedings under the Special Import Measures Act pursuant to paragraph 107(5)(h) of the Customs Act.

I, (name), ordinarily resident in (name of city and country), act as counsel for (name of the party that I represent), a party to the proceedings under the Special Import Measures Act (SIMA) regarding the (specify the proceedings including the type of proceedings, sections of SIMA [if relevant], product, country of export, date proceedings initiated).

In this capacity, I request authorization to access the confidential information submitted to the President of the CBSA (the President) and to information obtained by the Minister under the Customs Act or the Customs Tariff or information prepared from such information which has been placed on the record of the aforementioned proceedings under SIMA.

Declaration

I hereby declare that:

  1. I have read and understand section 84(3) of the Special Import Measures Act relating to the disclosure to counsel of confidential information.
  2. I am not a director, servant or employee of the party for which I act, or of any other known participant in these proceedings.
  3. I have read and understand section 96.4 of the Special Import Measures Act pursuant to which every person commits an offence who:
    1. uses information disclosed to the person by the President under subsection 84(3) for any purpose other than the purpose for which the information was disclosed under that subsection; or
    2. contravenes a condition imposed by the President under subsection 84(3).

      Such that, every person who commits an offence is guilty of an indictable offence and liable to a fine of not more than one million dollars; or an offence punishable on summary conviction and liable to a fine of not more than one hundred thousand dollars.

  4. I have read and understand section 107 of the Customs Act and the authorized provision of information made pursuant to paragraph 107(5)(h) of that Act relating to the disclosure to counsel for any party in respect of proceedings under the Special Import Measures Act of information obtained under the Customs Act or the Customs Tariff.
  5. I have read and understand section 160 of the Customs Act pursuant to which every person who contravenes subsection 107(2):
    1. is guilty of an offence punishable on summary conviction and liable to a fine of not more than fifty thousand dollars or to imprisonment for a term not exceeding six months or to both that fine and that imprisonment; or
    2. is guilty of an indictable offence and liable to a fine of not more than five hundred thousand dollars or to imprisonment for a term not exceeding five years or to both that fine and that imprisonment.

Undertaking

I hereby undertake:

  1. to use the information disclosed under the terms and conditions of this Disclosure Undertaking exclusively for duties performed in respect of the subject proceedings;
  2. not to divulge information disclosed under the conditions of this Disclosure Undertaking except to ( Canadian counsel ) and personnel of the Trade and Anti-dumping Programs Directorate, Canada Border Services Agency;
  3. not to reproduce information disclosed under the terms and conditions of this Disclosure Undertaking without prior written approval of a Director of the Trade and Anti-dumping Programs Directorate, Canada Border Services Agency (Director);
  4. not to copy to a computer, storage device or shared repository any information disclosed under the conditions of this undertaking and contained on any electronic media issued by the Canada Border Services Agency, without prior written approval by the Director;
  5. to keep confidential and to protect the information disclosed under the terms and conditions of this Disclosure Undertaking in the following manner:
    1. all documents and materials containing such information will be stored in a locked vault, safe or other secure storage device when these documents and materials are not being used, and
    2. no document or material containing such information will be taken from the business premises of ( Canadian Counsel );
  6. to have access to information disclosed under the terms and conditions of this Disclosure Undertaking under the direction and control of ( Canadian Counsel ). Access to the confidential information shall be only at the Canadian offices of ( Canadian Counsel ) or at the offices of the Canada Border Services Agency in Ottawa;
  7. to destroy all documents and materials containing information disclosed under the conditions of this Disclosure Undertaking, including notes, charts and memoranda based on such information and to notify the Director that such documents and materials have been destroyed within thirty days of the completion of the subject proceeding or within thirty days of the end of my participation in this proceeding, whichever is the earlier;
  8. if the party that I represent notifies the Director that it has changed counsel for the proceedings, within thirty days after the filing of that notice, to destroy such documents and materials, including notes, charts and memoranda based on such information, and to notify the Director of the destruction of such documents and materials;
  9. to report promptly to the Director any violation or suspected violation of a Declaration and Undertaking; and
  10. to inform the Director immediately of any changes in the facts referred to in this undertaking.

Acknowledgement by Non-resident Counsel

I hereby acknowledge that unauthorized disclosure by me of some or all of the information disclosed under the terms and conditions of this Declaration and Undertaking could result in economic harm to the parties who have submitted it to the Canada Border Services Agency.

I hereby accept the jurisdiction of the courts of Canada and (insert your country of residence) to resolve any matters arising under the Declaration and Undertaking.

Acknowledgement by Canadian Counsel

I acknowledge that (non-resident counsel name) will receive access to the confidential information under my direction and control in accordance with the terms and conditions set out in the above Declaration and Undertaking, and I accept responsibility for counsel’s actions with respect to the use and treatment of the confidential information.

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