Non-Resident Disclosure Undertaking
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Request for disclosure of information pursuant to subsection 84(3) of the Special Import Measures Act (SIMA) and disclosure of customs information for use in proceedings under SIMA 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 SIMA regarding the [specify the proceedings, product, country of export, and date proceedings were initiated].
In this capacity, I request authorization to access the confidential information which has been placed on the record of the above-noted SIMA proceedings.
Part 1: Declaration
I declare that:
- I have read and understand subsection 84(3) of SIMA relating to the disclosure of confidential information to counsel.
Disclosure to counsel
84 (3) Notwithstanding subsection (1), information to which that subsection applies that has been provided to the President in any proceedings under this Act shall, on written request and on payment of the prescribed fee, be disclosed by the President, in the manner and at the time specified by the President, to counsel for any party to those proceedings or to other proceedings under this Act arising out of those proceedings for use, notwithstanding any other Act or law, by that counsel only in those proceedings, subject to any conditions that the President considers reasonably necessary or desirable to ensure that the information will not, without the written consent of the person who submitted it to the President, be disclosed to any person by counsel in any manner that is calculated or likely to make it available to
- any party to the proceedings or other proceedings, including a party who is represented by that counsel; or
- any business competitor or rival of any person to whose business or affairs the information relates.
- I am not a director, servant or employee of the party for which I act, or of any other known participant in these proceedings.
- I have read and understand section 96.4 of SIMA.
96.4 (1) Every person commits an offence who
- 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
- contravenes a condition imposed by the President under subsection 84(3).
(2) Every person who commits an offence under subsection (1) is guilty of
- an indictable offence and liable to a fine of not more than $1,000,000; or
- an offence punishable on summary conviction and liable to a fine of not more than $100,000.
(3) No proceedings for an offence under this section shall be instituted without the consent in writing of the Attorney General of Canada.
- I have read and understand section 107 of the Customs Act, including paragraph 107(5)(h) of the Customs Act.
Provision of information to certain persons
(5) An official may provide, allow to be provided or provide access to customs information to the following persons:
- counsel, as defined in subsection 84(4) of the Special Import Measures Act, in accordance with subsection 84(3) of that Act and subject to subsection 84(3.1) of that Act, except that the word “information” in those subsections is to be read as a reference to the words “customs information”
- I have read and understand section 160 of the Customs Act.
General offence and punishment
160 (1) Every person who contravenes section 11, 12, 13, 15 or 16, subsection 20(1), section 31 or 40, subsection 43(2), 95(1) or (3), 103(3) or 107(2) or section 153, 155, 156 or 159.1 or commits an offence under section 159 or knowingly contravenes an order referred to in subsection 107(11)
- 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
- 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.
Part 2: Undertaking
- to use the information disclosed under the terms and conditions of this Undertaking exclusively for duties performed regarding the above-noted proceedings;
- not to divulge information disclosed under the terms and conditions of this Undertaking except to personnel of the Trade and Anti-dumping Programs Directorate of the CBSA, unless written permission to disclose such information to other parties has been provided by the Director, Trade and Anti-dumping Programs Directorate of the CBSA (Director);
- to ensure the secure storage, transmission and transportation of any information disclosed under the terms and conditions of this Undertaking;
- to destroy all hard copy and electronic files, documents and materials containing information disclosed under the terms and conditions of this Undertaking, including notes, charts and memoranda based on such information and to notify the Director that such documents and materials have been destroyed within the earlier of thirty days of the completion of the proceedings, or within thirty days of the end of my participation in these proceedings. In the case of an appeal or judicial review related to these proceedings, destruction may be postponed with written approval of the Director;
- to inform the Director immediately of any changes to the facts referred to in the Declaration (Part 1) or of any violation or suspected violation of this Undertaking (Part 2).
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.
- Dated at
- Name and address of firm
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.
- Dated at
- Name and address of firm
- Date modified: