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The Canada Border Services Agency (CBSA) is seeking to make its disclosure practices with respect to the Special Import Measures Act (SIMA) more secure, efficient and responsive to stakeholder needs. The following outlines some proposed new practices, for which the CBSA seeks your feedback.
A two business day service standard to action exhibit requests from stakeholders
The CBSA website currently specifies that stakeholders should allow 48 hours for the processing of exhibit requests and that larger requests may require more time to process. The CBSA proposes to make it a service standard to process all such requests within two business days (in addition to time for overnight courier delivery outside of Ottawa). The clock will be suspended in the event that the CBSA has to seek clarifications from the requestor.
Distribution of exhibits on USB keys or on DVDs
The CBSA’s long term goal is to receive and disclose case exhibits and documents electronically; however, the CBSA is still a few years away from this ideal. In the interim, do you prefer receiving exhibits on DVDs or on USB keys? Note that if the CBSA switches to USB keys, there would be a requirement to return these at the end of the case.
Proactive disclosure of exhibits
Are you in favour of proactive disclosure of exhibits, where the CBSA would provide disclosure documents at three scheduled dates in the investigation? A sample investigation schedule is appended below, which shows how this could work.
Close of record: USB keys or DVDs containing the complete list of exhibits would be sent to all counsel with disclosure undertakings within 48 hours of the close of record. Again, please allow time for overnight courier delivery outside of Ottawa. Note that the CBSA will usually schedule its close of record on Monday or Tuesday to allow for disclosure prior to the weekend. In the event that the CBSA has the disclosure packages ready before the scheduled disclosure date, it will release them early.
Case arguments and reply submissions: USB keys or DVDs containing the confidential versions of the case arguments and reply submissions would be distributed to all counsel with disclosure undertakings on the day following their respective due dates. Non-confidential versions will be distributed by email once they have been verified by the CBSA. As done previously, persons who submit an inadequate version will be notified and required to provide proper version to the CBSA as soon as possible. In the event that a proper non-confidential version is not provided, all counsel will be notified and asked to destroy the corresponding confidential version.
In the event that CBSA adopts a pro-active disclosure model, should counsel be permitted to request and receive specific exhibits prior to the scheduled disclosure dates?
Do the conditions imposed on counsel by disclosure undertakings need to be updated due to changes in technology that affect the way we access and work with information?
Are there other ways in which the CBSA could receive and process exhibits and make them available quicker that would better meet the needs of stakeholders?
All stakeholders are invited to provide comments on these proposals as well as any other suggestions related to SIMA Registry and disclosure practices. Please provide your response by E-mail to firstname.lastname@example.org by February 13, 2017. All submissions received will be posted on this webpage. The CBSA will review all responses and communicate any changes that may be made to its disclosure practices.
The CBSA appreciates the opportunity to consult with its stakeholders to improve the SIMA program. We look forward to your feedback.
Acting Manager, SIMA Registry and Disclosure Unit
Trade and Anti-dumping Programs Directorate
Investigation Schedule Example
Certain subject goods originating in or exported from subject country.
|June 8, 2016||Initiation of the CBSA’s dumping investigation|
|June 23, 2016||Statement of Reasons issued regarding the initiation of the investigation|
|June 29, 2016||Importer responses to CBSA’s Request for Information due|
|July 15, 2016||Exporter responses to CBSA’s Request for Information due|
|September 6, 2016||Preliminary Determination or termination of the CBSA’s dumping investigation|
|September 21, 2016||Statement of Reasons issued (Preliminary Determination or termination)|
|September 6, 2016||Exporter and Importer ruling letters available|
|October 24, 2016, at noon||Closing of the Record date|
|October 26, 2016||Disclosure of Exhibit listing to all counsel with disclosure undertakings|
|October 31, 2016, by noon||Case Arguments due from all parties|
|November 1, 2016||Disclosure of confidential case arguments to all counsel with disclosure undertakings|
|November 7, 2016, by noon||Reply Submissions due from all parties in respect of Case Arguments|
|November 8, 2016||Disclosure of confidential reply submissions to all counsel with disclosure undertakings|
|December 5, 2016||Final Determination or termination of the CBSA’s dumping investigation|
|December 5, 2016||Exporter and Importer ruling letters available|
|December 20, 2016||Statement of Reasons issued (Final Determination or termination)|
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