ported loans, guarantees and insurance. 3. Nothing in this Chapter shall be construed to: (a) impose any obligation on a Party with respect to a national of another Party seeking access to its employment market, or employed on a permanent basis in its territory, or to confer any right on that national with respect to that access or employment; or (b) prevent a Party from providing a service or performing a function such as law enforcement, correctional services, income security or insurance, social security or insurance, social welfare, public education, public training, health, and child care, in a manner that is not inconsistent with this Chapter. Article 1202: National Treatment 1. Each Party shall accord to service providers of another Party treatment no less favorable than that it accords, in like circumstances, to its own service providers. 2. The treatment accorded by a Party under paragraph 1 means, with respect to a state or province, treatment no less favorable than the most favorable treatment accorded, in like circumstances, by that state or province to service providers of the Party of which it forms a part. Article 1203: Most-Favored-Nation Treatment Each Party shall accord to service providers of another Party treatment no less favorable than that it accords, in like circumstances, to service providers of any other Party or of a non-Party. Article 1204: Standard of Treatment Each Party shall accord to service providers of any other Party the better of the treatment required by Articles 1202 and 1203. Article 1205: Local Presence No Party may require a service provider of another Party to establish or maintain a representative office or any form of enterprise, or to be resident, in its territory as a condition for the cross-border provision of a service. Article 1206: Reservations 1. Articles 1202, 1203 and 1205 do not apply to: (a) any existing non-conforming measure that is maintained by (i) a Party at the federal level, as set out in its Schedule to Annex I, (ii) a state or province, for two years after the date of entry into force of this Agreement, and thereafter as set out by a Party in its Schedule to Annex I in accordance with paragraph 2, or (iii) a local government; (b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); or (c) an amendment to any non-conforming measure referred to in subparagraph (a) to the extent that the amendment does not decrease the conformity of the measure, as it existed immediately before the amendment, with Articles 1202, 1203 and 1205. 2. Each Party may set out in its Schedule to Annex I, within two years of the date of entry into force of this Agreement, any existing non-conforming measure maintained by a state or province, not including a local government. 3. Articles 1202, 1203 and 1205 do not apply to any measure that a Party adopts or maintains with respect to sectors, subsectors or activities, as set out in its Schedule to Annex II. Article 1207: Quantitative Restrictions 1. Each Party shall set out in its Schedule to Annex V any quantitative restriction that it maintains at the federal level. 2. Within one year of the date of entry into force of this Agreement, each Party shall set out in its Schedule to Annex V any quantitative restriction maintained by a state or province, not including a local government. 3. Each Party shall notify the other Parties of any quantitative restriction that it adopts, other than at the local government level, after the date of entry into force of this Agreement and shall set out the restriction in its Schedule to Annex V. 4. The Parties shall periodically, but in any event at least every two years, endeavor to negotiate the liberalization or removal of the quantitative restrictions set out in Annex V pursuant to paragraphs 1 through 3. Article 1208: Liberalization of Non-Discriminatory Measures Each Party shall set out in its Schedule to Annex VI its commitments to liberalize quantitative restrictions, licensing requirements, performance requirements or other non- discriminatory measures. Article 1209: Procedures The Commission shall establish procedures for: (a) a Party to notify and include in its relevant Schedule (i) state or provincial measures in accordance with Article 1206(2), (ii) quantitative restrictions in accordance with Article 1207(2) and (3), (iii) commitments pursuant to Article 1208, and (iv) amendments of measures referred to in Article 1206(1)(c); and (b) consultations on reservations, quantitative restrictions or commitments with a view to further liberalization. Article 1210: Licensing and Certification 1. With a view to ensuring that any measure adopted or maintained by a Party relating to the licensing or certification of nationals of another Party does not constitute an unnecessary barrier to trade, each Party shall endeavor to ensure that any such measure: (a) is based on objective and transparent criteria, such as competence and the ability to provide a service; (b) is not more burdensome than necessary to ensure the quality of a service; and (c) does not constitute a disguised restriction on the cross-border provision of a service. 2. Where a Party recognizes, unilaterally or by agreement, education, experience, licenses or certifications obtained in the territory of another Party or of a non-Party: (a) nothing in Article 1203 shall be construed to require the Party to accord such recognition to education, experience, licenses or certifications obtained in the territory of another Party; and (b) the Party shall afford another Party an adequate opportunity to demonstrate that education, experience, licenses or certifications obtained in that other Party's territory should also be recognized or to conclude an agreement or arrangement of comparable effect. 3. Each Party shall, within two years of the date of entry into force of this Agreement, eliminate any citizenship or permanent residency requirement set out in its Schedule to Annex I that it maintains for the licensing or certification of professional service providers of another Party. Where a Party does not comply with this obligation with respect to a particular sector, any other Party may, in the same sector and for such period as the non-complying Party maintains its requirement, solely have recourse to maintaining an equivalent requirement set out in its Schedule to Annex I or reinstating: (a) any such requirement at the federal level that it eliminated pursuant to this Article; or (b) on notification to the non-complying Party, any such requirement at the state or provincial level existing on the date of entry into force of this Agreement. 4. The Parties shall consult periodically with a view to determining the feasibility of removing any remaining citizenship or permanent residency requirement for the licensing or certification of each other's service providers. 5. Annex 1210.5 applies to measures adopted or maintained by a Party relating to the licensing or certification of professional service providers. Article 1211: Denial of Benefits 1. A Party may deny the benefits of this Chapter to a service provider of another Party where the Party establishes that: (a) the service is being provided by an enterprise owned or controlled by nationals of a non-Party, and (i) the denying Party does not maintain diplomatic relations with the non-Party, or (ii) the denying Party adopts or maintains measures with respect to the non-Party that prohibit transactions with the enterprise or that would be violated or circumvented if the benefits of this Chapter were accorded to the enterprise; or (b) the cross-border provision of a transportation service covered by this Chapter is provided using equipment not registered by any Party. 2. Subject to prior notification and consultation in accordance with Articles 1803 (Notification and Provision of Information) and 2006 (Consultations), a Party may deny the benefits of this Chapter to a service provider of another Party where the Party establishes that the service is being provided by an enterprise that is owned or controlled by persons of a non-Party and that has no substantial business activities in the territory of any Party. Article 1212: Sectoral Annex Annex 1212 applies to specific sectors. Article 1213: Definitions 1. For purposes of this Chapter, a reference to a federal, state or provincial government includes any non-governmental body in the exercise of any regulatory, administrative or other governmental authority delegated to it by that government. 2. For purposes of this Chapter: cross-border provision of a service or cross-border trade in services means the provision of a service: (a) from the territory of a Party into the territory of another Party, (b) in the territory of a Party by a person of that Party to a person of another Party, or (c) by a national of a Party in the territory of another Party, but does not include the provision of a service in the territory of a Party by an investment, as defined in Article 1139 (Investment - Definitions), in that territory; enterprise means an "enterprise" as defined in Article 201 (Definitions of General Application), and a branch of an enterprise; enterprise of a Party means an enterprise constituted or organized under the law of a Party, and a branch located in the territory of a Party and carrying out business activities there; professional services means services, the provision of which requires specialized post- secondary education, or equivalent training or experience, and for which the right to practice is granted or restricted by a Party, but does not include services provided by trades-persons or vessel and aircraft crew members; quantitative restriction means a non-discriminatory measure that imposes limitations on: (a) the number of service providers, whether in the form of a quota, a monopoly or an economic needs test, or by any other quantitative means; or (b) the operations of any service provider, whether in the form of a quota or an economic needs test, or by any other quantitative means; service provider of a Party means a person of a Party that seeks to provide or provides a service; and specialty air services means aerial mapping, aerial surveying, aerial photography, forest fire management, fire fighting, aerial advertising, glider towing, parachute jumping, aerial construction, heli-logging, aerial sightseeing, flight training, aerial inspection and surveillance, and aerial spraying services. Annex 1210.5 Annex 1210.5 Professional Services Section A - General Provisions Processing of Applications for Licenses and Certifications 1. Each Party shall ensure that its competent authorities, within a reasonable time after the submission by a national of another Party of an application for a license or certification: (a) where the application is complete, make a determination on the application and inform the applicant of that determination; or (b) where the application is not complete, inform the applicant without undue delay of the status of the application and the additional information that is required under the Party's law. Development of Professional Standards 2. The Parties shall encourage the relevant bodies in their respective territories to develop mutually acceptable standards and criteria for licensing and certification of professional service providers and to provide recommendations on mutual recognition to the Commission. 3. The standards and criteria referred to in paragraph 2 may be developed with regard to the following matters: (a) education - accreditation of schools or academic programs; (b) examinations - qualifying examinations for licensing, including alternative methods of assessment such as oral examinations and interviews; (c) experience - length and nature of experience required for licensing; (d) conduct and ethics - standards of professional conduct and the nature of disciplinary action for non-conformity with those standards; (e) professional development and re-certification - continuing education and ongoing requirements to maintain professional certification; (f) scope of practice - extent of, or limitations on, permissible activities; (g) local knowledge - requirements for knowledge of such matters as local laws, regulations, language, geography or climate; and (h) consumer protection - alternatives to residency requirements, including bonding, professional liability insurance and client restitution funds, to provide for the protection of consumers. 4. On receipt of a recommendation referred to in paragraph 2, the Commission shall review the recommendation within a reasonable time to determine whether it is consistent with this Agreement. Based on the Commission's review, each Party shall encourage its respective competent authorities, where appropriate, to implement the recommendation within a mutually agreed time. Temporary Licensing 5. Where the Parties agree, each Party shall encourage the relevant bodies in its territory to develop procedures for the temporary licensing of professional service providers of another Party. Review 6. The Commission shall periodically, and at least once every three years, review the implementation of this Section. Section B - Foreign Legal Consultants 1. Each Party shall, in implementing its obligations and commitments regarding foreign legal consultants as set out in its relevant Schedules and subject to any reservations therein, ensure that a national of another Party is permitted to practice or advise on the law of any country in which that national is authorized to practice as a lawyer. Consultations With Professional Bodies 2. Each Party shall consult with its relevant professional bodies to obtain their recommendations on: (a) the form of association or partnership between lawyers authorized to practice in its territory and foreign legal consultants; (b) the development of standards and criteria for the authorization of foreign legal consultants in conformity with Article 1210; and (c) other matters relating to the provision of foreign legal consultancy services. 3. Prior to initiation of consultations under paragraph 7, each Party shall encourage its relevant professional bodies to consult with the relevant professional bodies designated by each of the other Parties regarding the development of joint recommendations on the matters referred to in paragraph 2. Future Liberalization 4. Each Party shall establish a work program to develop common procedures throughout its territory for the authorization of foreign legal consultants. 5. Each Party shall promptly review any recommendation referred to in paragraphs 2 and 3 to ensure its consistency with this Agreement. If the recommendation is consistent with this Agreement, each Party shall encourage its competent authorities to implement the recommendation within one year. 6. Each Party shall report to the Commission within one year of the date of entry into force of this Agreement, and each year thereafter, on its progress in implementing the work program referred to in paragraph 4. 7. The Parties shall meet within one year of the date of entry into force of this Agreement with a view to: (a) assessing the implementation of paragraphs 2 through 5; (b) amending or removing, where appropriate, reservations on foreign legal consultancy services; and (c) assessing further work that may be appropriate regarding foreign legal consultancy services. Section C - Temporary Licensing of Engineers 1. The Parties shall meet within one year of the date of entry into force of this Agreement to establish a work program to be undertaken by each Party, in conjunction with its relevant professional bodies, to provide for the temporary licensing in its territory of nationals of another Party who are licensed as engineers in the territory of that other Party. 2. To this end, each Party shall consult with its relevant professional bodies to obtain their recommendations on: (a) the development of procedures for the temporary licensing of such engineers to permit them to practice their engineering specialties in each jurisdiction in its territory; (b) the development of model procedures for adoption by the competent authorities throughout its territory to facilitate the temporary licensing of such engineers; (c) the engineering specialties to which priority should be given in developing temporary licensing procedures; and (d) other matters relating to the temporary licensing of engineers identified by the Party in such consultations. 3. Each Party shall request its relevant professional bodies to make recommendations on the matters referred to in paragraph 2 within two years of the date of entry into force of this Agreement. 4. Each Party shall encourage its relevant professional bodies to meet at the earliest opportunity with the relevant professional bodies of the other Parties with a view to cooperating in the development of joint recommendations on the matters referred to in paragraph 2 within two years of the date of entry into force of this Agreement. Each Party shall request an annual report from its relevant professional bodies on the progress achieved in developing those recommendations. 5. The Parties shall promptly review any recommendation referred to in paragraphs 3 or 4 to ensure its consistency with this Agreement. If the recommendation is consistent with this Agreement, each Party shall encourage its competent authorities to implement the recommendation within one year. 6. The Commission shall review the implementation of this Section within two years of the date of entry into force of this Section. 7. Appendix 1210.5-C applies to the Parties specified therein. Appendix 1210.5 - C Civil Engineers The rights and obligations of Section C of Annex 1210.5 apply to Mexico with respect to civil engineers ("ingenieros civiles") and to such other engineering specialties that Mexico may designate. Annex 1212 Land Transportation Contact Points 1. Further to Article 1801 (Contact Points), each Party shall designate by January 1, 1994 contact points to provide information published by that Party relating to land transportation services regarding operating authority, safety requirements, taxation, data, studies and technology, and to provide assistance in contacting its relevant government agencies. Review Process 2. The Commission shall, during the fifth year after the date of entry into force of this Agreement and during every second year thereafter until the liberalization for bus and truck transportation set out in the Parties' Schedules to Annex I is complete, receive and consider a report from the Parties that assesses progress respecting liberalization, including: (a) the effectiveness of the liberalization; (b) specific problems for, or unanticipated effects on, each Party's bus and truck transportation industries arising from liberalization; and (c) modifications to the period for liberalization. The Commission shall endeavor to resolve any matter arising from its consideration of a report. 3. The Parties shall consult, no later than seven years after the date of entry into force of this Agreement, to consider further liberalization commitments. of parUSA{ zYzYzY d d d d d d d dC8C8C8C8 dYYo8o8o8o8o8dzdd d dzNzNzNdNdNdNdNo8o8o8 d d d d d doYoNoNoN do8dzNdNo8oYoY d d dCddCCCWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN dddCd]]dd ddddFddddFCCddd88ddzz dkddCddF" d d dCCz xCzdoddCd Yds zUw d Y Y C C C C zzozoYzNoY d YC8YooYd Y zzdzddoYoYzzozzzzNd88YYYzYzzzzCCdddddddzzzzzzzzzzzzzzzzzzzNNNNNNNdddddddddddddddddddd888888888888YYYYYYYYYYYYYYYYYYYzzzzzzzzzzzzzzzzzzzzCszz C ozdYCx" Jc ct to paragraphs 6 and 7, each Party shall ensure that such persons are permitted to: (a) purchase or lease, and attach terminal or other equipment that interfaces with the public telecommunications transport network; (b) interconnect private leased or owned circuits with public telecommunications transport networks in the territory, or across the borders, of that Party, including for use in providing dial-up access to and from their customers or users, or with circuits leased or owned by another person on terms and conditions mutually agreed by those persons; (c) perform switching, signalling and processing functions; and (d) use operating protocols of their choice. 3. Each Party shall ensure that: (a) the pricing of public telecommunications transport services reflects economic costs directly related to providing the services; and (b) private leased circuits are available on a flat-rate pricing basis. Nothing in this paragraph shall be construed to prevent cross-subsidization between public telecommunications transport services. 4. Each Party shall ensure that persons of another Party may use public telecommunications transport networks or services for the movement of information in its territory or across its borders, including for intracorporate communications, and for access to information contained in data bases or otherwise stored in machine-readable form in the territory of any Party. 5. Further to Article 2101 (General Exceptions), nothing in this Chapter shall be construed to prevent a Party from adopting or enforcing any measure necessary to: (a) ensure the security and confidentiality of messages; or (b) protect the privacy of subscribers to public telecommunications transport networks or services. 6. Each Party shall ensure that no condition is imposed on access to and use of public telecommunications transport networks or services, other than that necessary to: (a) safeguard the public service responsibilities of providers of public telecommunications transport networks or services, in particular their ability to make their networks or services available to the public generally; or (b) protect the technical integrity of public telecommunications transport networks or services. 7. Provided that conditions for access to and use of public telecommunications transport networks or services satisfy the criteria set out in paragraph 6, such conditions may include: (a) a restriction on resale or shared use of such services; (b) a requirement to use specified technical interfaces, including interface protocols, for interconnection with such networks or services; (c) a restriction on interconnection of private leased or owned circuits with such networks or services or with circuits leased or owned by another person, where the circuits are used in the provision of public telecommunications transport networks or services; and (d) a licensing, permit, registration or notification procedure which, if adopted or maintained, is transparent and applications filed thereunder are processed expeditiously. 8. For purposes of this Article, "non-discriminatory" means on terms and conditions no less favorable than those accorded to any other customer or user of like public telecommunications transport networks or services in like circumstances. Article 1303: Conditions for the Provision of Enhanced or Value-Added Services 1. Each Party shall ensure that: (a) any licensing, permit, registration or notification procedure that it adopts or maintains relating to the provision of enhanced or value-added services is transparent and non-discriminatory, and that applications filed thereunder are processed expeditiously; and (b) information required under such procedures is limited to that necessary to demonstrate that the applicant has the financial solvency to begin providing services or to assess conformity of the applicant's terminal or other equipment with the Party's applicable standards or technical regulations. 2. A Party shall not require a person providing enhanced or value-added services to: (a) provide those services to the public generally; (b) cost-justify its rates; (c) file a tariff; (d) interconnect its networks with any particular customer or network; or (e) conform with any particular standard or technical regulation for interconnection other than for interconnection to a public telecommunications transport network. 3. Notwithstanding paragraph 2(c), a Party may require the filing of a tariff by: (a) such provider to remedy a practice of that provider that the Party has found in a particular case to be anticompetitive under its law; or (b) a monopoly to which Article 1305 applies. Article 1304: Standards-Related Measures 1. Further to Article 904(4) (Unnecessary Obstacles), each Party shall ensure that its standards-related measures relating to the attachment of terminal or other equipment to the public telecommunications transport networks, including those measures relating to the use of testing and measuring equipment for conformity assessment procedures, are adopted or maintained only to the extent necessary to: (a) prevent technical damage to public telecommunications transport networks; (b) prevent technical interference with, or degradation of, public telecommunications transport services; (c) prevent electromagnetic interference, and ensure compatibility, with other uses of the electromagnetic spectrum; (d) prevent billing equipment malfunction; or (e) ensure users' safety and access to public telecommunications transport networks or services. 2. A Party may require approval for the attachment to the public telecommunications transport network of terminal or other equipment that is not authorized, provided that the criteria for that approval are consistent with paragraph 1. 3. Each Party shall ensure that the network termination points for its public telecommunications transport networks are defined on a reasonable and transparent basis. 4. No Party may require separate authorization for equipment that is connected on the customer's side of authorized equipment that serves as a protective device fulfilling the criteria of paragraph 1. 5. Further to Article 904(3) (Non-Discriminatory Treatment), each Party shall: (a) ensure that its conformity assessment procedures are transparent and non-discriminatory and that applications filed thereunder are processed expeditiously; (b) permit any technically qualified entity to perform the testing required under the Party's conformity assessment procedures for terminal or other equipment to be attached to the public telecommunications transport network, subject to the Party's right to review the accuracy and completeness of the test results; and (c) ensure that any measure that it adopts or maintains requiring persons to be authorized to act as agents for suppliers of telecommunications equipment before the Party's relevant conformity assessment bodies is non- discriminatory. 6. No later than one year after the date of entry into force of this Agreement, each Party shall adopt, as part of its conformity assessment procedures, provisions necessary to accept the test results from laboratories or testing facilities in the territory of another Party for tests performed in accordance with the accepting Party's standards-related measures and procedures. 7. The Telecommunications Standards Subcommittee established under Article 913(5) (Committee on Standards-Related Measures) shall perform the functions set out in Annex 913.5.a-2. Article 1305: Monopolies 1. Where a Party maintains or designates a monopoly to provide public telecommunications transport networks or services, and the monopoly, directly or through an affiliate, competes in the provision of enhanced or value-added services or other telecommunications-related services or telecommunications-related goods, the Party shall ensure that the monopoly does not use its monopoly position to engage in anticompetitive conduct in those markets, either directly or through its dealings with its affiliates, in such a manner as to affect adversely a person of another Party. Such conduct may include cross-subsidization, predatory conduct and the discriminatory provision of access to public telecommunications transport networks or services. 2. To prevent such anticompetitive conduct, each Party shall adopt or maintain effective measures, such as: (a) accounting requirements; be entitled to commence domestic procedures for judicial review if the final determination were reviewable by the Federal Court pursuant to section 18.1(4). 3. Canada shall amend the Special Import Measures Act, as amended, and any other relevant provisions of law, to provide that the following actions of the Deputy Minister shall be deemed for the purposes of this Article to be final determinations subject to judicial review: (a) a determination by the Deputy Minister pursuant to section 41; (b) a re-determination by the Deputy Minister pursuant to section 59; and (c) a review by the Deputy Minister of an undertaking pursuant to section 53(1). 4. Canada shall amend Part II of the Special Import Measures Act, as amended, to provide for binational panel review respecting goods of Mexico and the United States. 5. Canada shall amend Part II of the Special Import Measures Act, as amended, to provide for definitions related to this Chapter, as may be required. 6. Canada shall amend Part II of the Special Import Measures Act, as amended, to permit the governments of Mexico and the United States to request binational panel review of final determinations respecting goods of Mexico and the United States. 7. Canada shall amend Part II of the Special Import Measures Act, as amended, to provide for the establishment of binational panels requested to review final determinations in respect of goods of Mexico and the United States. 8. Canada shall amend Part II of the Special Import Measures Act, as amended, to provide that binational panel review of a final determination shall be conducted in accordance with this Chapter. 9. Canada shall amend Part II of the Special Import Measures Act, as amended, to provide that an extraordinary challenge proceeding shall be requested and conducted in accordance with Article 1904 and Annex 1904.13. 10. Canada shall amend Part II of the Special Import Measures Act, as amended, to provide for a code of conduct, immunity for anything done or omitted to be done during the course of panel proceedings, the signing of and compliance with disclosure undertakings respecting confidential information, and remuneration for members of panels and committees established pursuant to this Chapter. 11. Canada shall make such amendments as are necessary to establish a Canadian Secretariat for this Agreement and generally to facilitate the operation of this Chapter and the work of the binational panels, extraordinary challenge committees and special committees convened under this Chapter. Schedule of Mexico Mexico shall amend its antidumping and countervailing duty statutes and regulations, and other statutes and regulations to the extent that they apply to the operation of the antidumping and countervailing duty laws, to provide the following: (a) elimination of the possibility of imposing duties within the five-day period after the acceptance of a petition; (b) substitution of the term Resoluci¢n de Inicio ("Initial Resolution") for the term Resoluci¢n Provisional ("Provisional Resolution") and the term Resoluci¢n Provisional ("Provisional Resolution") for the term Resoluci¢n que revisa a la Resoluci¢n Provisional ("Resolution Reviewing the Provisional Resolution"); (c) full participation in the administrative process for interested parties, as well as the right to administrative appeal and judicial review of final determinations of investigations, reviews, product coverage or other final decisions affecting them; (d) elimination of the possibility of imposing provisional duties before the issuance of a preliminary determination; (e) the right to immediate access to review of final determinations by binational panels for interested parties, without the need to exhaust first the administrative appeal; (f) explicit and adequate timetables for determinations of the competent investigating authority and for the submission of questionnaires, evidence and comments by interested parties, as well as an opportunity for them to present facts and arguments in support of their positions prior to any final determination, to the extent time permits, including an opportunity to be adequately informed in a timely manner of and to comment on all aspects of preliminary determinations of dumping or subsidization; (g) written notice to interested parties of any of the actions or resolutions rendered by the competent investigating authority, including initiation of an administrative review as well as its conclusion; (h) disclosure meetings with interested parties by the competent investigating authority conducting its investigations and reviews, within seven calendar days after the date of publication in the Diario Oficial de la Federaci¢n ("Federal Official Journal") of preliminary and final determinations, to explain the margins of dumping and the amount of subsidies calculations and to provide the interested parties with copies of sample calculations and, if used, computer programs; (i) timely access by eligible counsel of interested parties during the course of the proceeding (including disclosure meetings) and on appeal, either before a national tribunal or a panel, to all information contained in the administrative record of the proceeding, including confidential information, excepting proprietary information of such a high degree of sensitivity that its release would lead to substantial and irreversible harm to the owner as well as government classified information, subject to an undertaking for confidentiality that strictly forbids use of the information for personal benefit and its disclosure to persons who are not authorized to receive such information; and for sanctions that are specific to violations of undertakings in proceedings before national tribunals or panels; (j) timely access by interested parties during the course of the proceeding, to all non-confidential information contained in the administrative record and access to such information by interested parties or their representatives in any proceeding after 90 days following the issuance of the final determination; (k) a mechanism requiring that any person submitting documents to the competent investigating authority shall simultaneously serve on interested persons, including foreign interests, any submissions after the complaint; (l) preparation of summaries of ex parte meetings held between the competent investigating authority and any interested party and the inclusion in the administrative record of such summaries, which shall be made available to parties to the proceeding; if such summaries contain business proprietary information, the documents must be disclosed to a party's representative under an undertaking to ensure confidentiality; (m) maintenance by the competent investigating authority of an administrative record as defined in this Chapter and a requirement that the final determination be based solely on the administrative record; (n) informing interested parties in writing of all data and information the administering authority requires them to submit for the investigation, review, product coverage proceeding, or other antidumping or countervailing duty proceeding; (o) the right to an annual individual review on request by the interested parties through which they can obtain their own dumping margin or countervailing duty rate, or can change the margin or rate they received in the investigation or a previous review, reserving to the competent investigating authority the ability to initiate a review, at any time, on its own motion and requiring that the competent investigating authority issue a notice of initiation within a reasonable period of time after the request; (p) application of determinations issued as a result of judicial, administrative, or panel review, to the extent they are relevant to interested parties in addition to the plaintiff, so that all interested parties will benefit; (q) issuance of binding decisions by the competent investigating authority if an interested party seeks clarification outside the context of an antidumping or countervailing duty investigation or review with respect to whether a particular product is covered by an antidumping or countervailing duty order; (r) a detailed statement of reasons and the legal basis for final determinations in a manner sufficient to permit interested parties to make an informed decision as to whether to seek judicial or panel review, including an explanation of methodological or policy issues raised in the calculation of dumping or subsidization; (s) written notice to interested parties and publication in the Diario Oficial de la Federaci¢n ("Federal Official Journal") of initiation of investigations setting forth the nature of the proceeding, the legal authority under which the proceeding is initiated, and a description of the product at issue; (t) documentation in writing of all advisory bodies' decisions or recommendations, including the basis for the decisions, and release of such written decisions to parties to the proceeding; all decisions or recommendations of any advisory body shall be placed in the administrative record and made available to parties to the proceeding; and (u) a standard of review to be applied by binational panels as set out in subparagraph (c) of the definition of "standard of review" in Annex 1911. Schedule of the United States 1. The United States shall amend section 301 of the Customs Courts Act of 1980, as amended, and any other relevant provisions of law, to eliminate the authority to issue declaratory judgments in any civil action involving an antidumping or countervailing duty proceeding regarding a class or kind of Canadian or Mexican merchandise. 2. The United States shall amend section 405(a) of the United States - Canada Free- Trade Agreement Implementation Act of 1988, to provide that the interagency group established under section 242 of the Trade Expansion Act of 1962 shall prepare a list of individuals qualified to serve as members of binational panels, extraordinary challenge committees and special committees convened under this Chapter. 3. The United States shall amend section 405(b) of the United States - Canada Free- Trade Agreement Implementation Act of 1988, to provide that panelists selected to serve on panels or committees convened pursuant to this Chapter, and individuals designated to assist such appointed individuals, shall not be considered employees of the United States. 4. The United States shall amend section 405(c) of the United States - Canada Free- Trade Agreement Implementation Act of 1988, to provide that panelists selected to serve on panels or committees convened pursuant to this Chapter, and individuals designated to assist the individuals serving on such panels or committees, shall be immune from suit and legal process relating to acts performed by such individuals in their official capacity and within the scope of their functions as such panelists or committee members, except with respect to the violation of protective orders described in section 777f(d)(3) of the Tariff Act of 1930, as amended. 5. The United States shall amend section 405(d) of the United States - Canada Free- Trade Agreement Implementation Act of 1988, to establish a United States Secretariat to facilitate the operation of this Chapter and the work of the binational panels, extraordinary challenge committees and special committees convened under this Chapter. 6. The United States shall amend section 407 of the United States - Canada Free- Trade Agreement Implementation Act of 1988, to provide that an extraordinary challenge committee convened pursuant to Article 1904 and Annex 1904.13 shall have authority to obtain information in the event of an allegation that a member of a binational panel was guilty of gross misconduct, bias, or a serious conflict of interest, or otherwise materially violated the rules of conduct, and for the committee to summon the attendance of witnesses, order the taking of depositions and obtain the assistance of any district or territorial court of the United States in aid of the committee's investigation. 7. The United States shall amend section 408 of the United States - Canada Free- Trade Agreement Implementation Act of 1988, to provide that, in the case of a final determination of a competent investigating authority of Mexico, as well as Canada, the filing with the United States Secretary of a request for binational panel review by a person described in Article 1904(5) shall be deemed, on receipt of the request by the Secretary, to be a request for binational panel review within the meaning of Article 1904(4). 8. The United States shall amend section 516A of the Tariff Act of 1930, as amended, to provide that judicial review of antidumping or countervailing duty cases regarding Mexican, as well as Canadian, merchandise shall not be commenced in the Court of International Trade if binational panel review is requested. 9. The United States shall amend section 516A(a) of the Tariff Act of 1930, as amended, to provide that the time limits for commencing an action in the Court of International Trade with regard to antidumping or countervailing duty proceedings involving Mexican or Canadian merchandise shall not begin to run until the 31st day after the date of publication in the Federal Register of notice of the final determination or the antidumping duty order. 10. The United States shall amend section 516A(g) of the Tariff Act of 1930, as amended, to provide, in accordance with the terms of this Chapter, for binational panel review of antidumping and countervailing duty cases involving Mexican or Canadian merchandise. Such amendment shall provide that if binational panel review is requested such review will be exclusive. 11. The United States shall amend section 516A(g) of the Tariff Act of 1930, as amended, to provide that the competent investigating authority shall, within the period specified by any panel formed to review a final determination regarding Mexican or Canadian merchandise, take action not inconsistent with the decision of the panel or committee. 12. The United States shall amend section 777 of the Tariff Act of 1930, as amended, to provide for the disclosure to authorized persons under protective order of proprietary information in the administrative record, if binational panel review of a final determination regarding Mexican or Canadian merchandise is requested. 13. The United States shall amend section 777 of the Tariff Act of 1930, as amended, to provide for the imposition of sanctions on any person who the competent investigating authority finds to have violated a protective order issued by the competent investigating authority of the United States or disclosure undertakings entered into with an authorized agency of Mexico or with a competent investigating authority of Canada to protect proprietary material during binational panel review. Annex 1905.6 Annex 1905.6 Special Committee Procedures The Parties shall establish rules of procedure by the date of entry into force of this Agreement in accordance with the following principles: (a) the procedures shall assure a right to at least one hearing before the special committee as well as the opportunity to provide initial and rebuttal written submissions; (b) the procedures shall assure that the special committee shall prepare an initial report typically within 60 days of the appointment of the last member, and shall afford the Parties 14 days to comment on that report prior to issuing a final report 30 days after presentation of the initial report; (c) the special committee's hearings, deliberations, and initial report, and all written submissions to and communications with the special committee shall be confidential; (d) unless the Parties to the dispute otherwise agree, the decision of the special committee shall be published 10 days after it is transmitted to the disputing Parties, along with any separate opinions of individual members and any written views that either Party may wish to be published; and (e) unless the Parties to the dispute otherwise agree, meetings and hearings of the special committee shall take place at the office of the Section of the Secretariat of the Party complained against. Annex 1911 Annex 1911 Country-Specific Definitions For purposes of this Chapter: antidumping statute means: (a) in the case of Canada, the relevant provisions of the Special Import Measures Act, as amended, and any successor statutes; (b) in the case of the United States, the relevant provisions of Title VII of the Tariff Act of 1930, as amended, and any successor statutes; (c) in the case of Mexico, the relevant provisions of the Ley Reglamentaria del Art¡culo 131 de la Constituci¢n Pol¡tica de los Estados Unidos Mexicanos en Materia de Comercio Exterior ("Foreign Trade Act Implementing Article 131 of the Constitution of the United Mexican States"), as amended, and any successor statutes; and (d) the provisions of any other statute that provides for judicial review of final determinations under subparagraph (a), (b) or (c), or indicates the standard of review to be applied to such determinations; competent investigating authority means: (a) in the case of Canada (i) the Canadian International Trade Tribunal, or its successor, or (ii) the Deputy Minister of National Revenue for Customs and Excise as defined in the Special Import Measures Act, as amended, or the Deputy Minister's successor; (b) in the case of the United States (i) the International Trade Administration of the United States Department of Commerce, or its successor, or (ii) the United States International Trade Commission, or its successor; and (c) in the case of Mexico, the designated authority within the Secretar¡a de Comercio y Fomento Industrial ("Secretariat of Trade and Industrial Development"), or its successor; countervailing duty statute means: (a) in the case of Canada, the relevant provisions of the Special Import Measures Act, as amended, and any successor statutes; (b) in the case of the United States, section 303 and the relevant provisions of Title VII of the Tariff Act of 1930, as amended, and any successor statutes; (c) in the case of Mexico, the relevant provisions of the Ley Reglamentaria del Art¡culo 131 de la Constituci¢n Pol¡tica de los Estados Unidos Mexicanos en Materia de Comercio Exterior ("Foreign Trade Act Implementing Article 131 of the Constitution of the United Mexican States"), as amended, and any successor statutes; and (d) the provisions of any other statute that provides for judicial review of final determinations under subparagraph (a), (b) or (c), or indicates the standard of review to be applied to such determinations; final determination means: (a) in the case of Canada, (i) an order or finding of the Canadian International Trade Tribunal under subsection 43(1) of the Special Import Measures Act, (ii) an order by the Canadian International Trade Tribunal under subsection 76(4) of the Special Import Measures Act, as amended, continuing an order or finding made under subsection 43(1) of the Act with or without amendment, (iii) a determination by the Deputy Minister of National Revenue for Customs and Excise pursuant to section 41 of the Special Import Measures Act, as amended, (iv) a re-determination by the Deputy Minister pursuant to section 59 of the Special Import Measures Act, as amended, (v) a decision by the Canadian International Trade Tribunal pursuant to subsection 76(3) of the Special Import Measures Act, as amended, not to initiate a review, (vi) a reconsideration by the Canadian International Trade Tribunal pursuant to subsection 91(3) of the Special Import Measures Act, as amended, and (vii) a review by the Deputy Minister of an undertaking pursuant to subsection 53(1) of the Special Import Measures Act, as amended; (b) in the case of the United States, (i) a final affirmative determination by the International Trade Administration of the United States Department of Commerce or by the United States International Trade Commission under section 705 or 735 of the Tariff Act of 1930, as amended, including any negative part of such a determination, (ii) a final negative determination by the International Trade Administration of the United States Department of Commerce or by the United States International Trade Commission under section 705 or 735 of the Tariff Act of 1930, as amended, including any affirmative part of such a determination, (iii) a final determination, other than a determination in (iv), under section 751 of the Tariff Act of 1930, as amended, (iv) a determination by the United States International Trade Commission under section 751(b) of the Tariff Act of 1930, as amended, not to review a determination based on changed circumstances, and (v) a final determination by the International Trade Administration of the United States Department of Commerce as to whether a particular type of merchandise is within the class or kind of merchandise described in an existing finding of dumping or antidumping or countervailing duty order; and (c) in the case of the Mexico, (i) a final resolution regarding antidumping or countervailing duties investigations by the Secretar¡a de Comercio y Fomento Industrial ("Secretariat of Trade and Industrial Development"), pursuant to Article 13 of the Ley Reglamentaria del Art¡culo 131 de la Constituci¢n Pol¡tica de los Estados Unidos Mexicanos en Materia de Comercio Exterior ("Foreign Trade Act Implementing Article 131 of the Constitution of the United Mexican States"), as amended, (ii) a final resolution regarding an annual administrative review of antidumping or countervailing duties by the Secretar¡a de Comercio y Fomento Industrial ("Secretariat of Trade and Industrial Development"), as described in paragraph (o) of its Schedule to Annex 1904.15, and (iii) a final resolution by the Secretar¡a de Comercio y Fomento Industrial ("Secretariat of Trade and Industrial Development") as to whether a particular type of merchandise is within the class or kind of merchandise described in an existing antidumping or countervailing duty resolution; and standard of review means the following standards, as may be amended from time to time by the relevant Party: (a) in the case of Canada, the grounds set out in subsection 18.1(4) of the Federal Court Act, as amended, with respect to all final determinations; (b) in the case of the United States, (i) the standard set out in section 516A(b)(l)(B) of the Tariff Act of 1930, as amended, with the exception of a determination referred to in (ii), and (ii) the standard set out in section 516A(b)(l)(A) of the Tariff Act of 1930, as amended, with respect to a determination by the United States International Trade Commission not to initiate a review pursuant to section 751(b) of the Tariff Act of 1930, as amended; and (c) in the case of the Mexico, the standard set out in Article 238 of the C¢digo Fiscal de la Federaci¢n ("Federal Fiscal Code"), or any successor statutes, based solely on the administrative record.