[Code of Federal Regulations]
[Title 19, Volume 3]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR356.9]

[Page 307-308]
 
                        TITLE 19--CUSTOMS DUTIES
 
            CHAPTER III--INTERNATIONAL TRADE ADMINISTRATION,
                         DEPARTMENT OF COMMERCE
 
PART 356--PROCEDURES AND RULES FOR IMPLEMENTING ARTICLE 1904 OF THE NORTH 
AMERICAN FREE TRADE AGREEMENT--Table of Contents
 
            Subpart C--Proprietary and Privileged Information
 
Sec. 356.9  Persons authorized to receive proprietary information.


    Persons described in paragraphs (a), (d), (e), (f) and (g) of this 
section shall, and persons described in paragraphs (b) and (c) of this 
section may, be authorized by the Department to receive access to 
proprietary information if they comply with this subpart and such other 
conditions imposed upon them by the Department:
    (a) The members of, and appropriate staff of, a binational panel or 
extraordinary challenge committee;
    (b) Counsel to participants in panel reviews and professionals 
retained by, or under the direction or control of such counsel, provided 
that the counsel or professional does not participate in competitive 
decision-making activity (such as advice on production, sales, 
operations, or investments, but not legal advice) for the participant 
represented or for any person who would gain competitive advantage 
through

[[Page 308]]

knowledge of the proprietary information sought;
    (c) Other persons who are retained or employed by and under the 
direction or control of a counsel or professional, panelist, or 
committee member who has been issued a protective order, such as 
paralegals, law clerks, and secretaries, if such other persons are:
    (1) Not involved in the competitive decision-making of a participant 
to the panel review or for any person who would gain competitive 
advantage through knowledge of the proprietary information sought; and
    (2) Have agreed to be bound by the terms set forth on the 
application for protective order of the counsel or professional, 
panelist, or committee member;
    (d) Each Secretary and every member of the staff of the Secretariat;
    (e) Such officials of the United States Government (other than an 
officer or employee of the investigating authority that issued the final 
determination subject to review) as the United States Trade 
Representative informs the Department require access to proprietary 
information for the purpose of evaluating whether the United States 
should seek an extraordinary challenge committee review of a panel 
determination;
    (f) Such officials of the Government of a FTA country as an 
authorized agency of the FTA country informs the Department require 
access to proprietary information for the purpose of evaluating whether 
the FTA country should seek an extraordinary challenge committee review 
of a panel determination; and
    (g) Every court reporter, interpreter and translator employed in a 
panel or extraordinary challenge committee review.