Confidentiality

18.  Where a Participant indicates that any information contained in documents filed with the Secretariat or forwarded to other Participants, in connection with a Proceeding, is to be treated confidentially:

(a)  because the information is commercially sensitive or otherwise protected by law; or

(b)  because its disclosure could impair international relations or obligations;

the Secretariat, the Presiding Body and all other Participants shall take all necessary steps to protect the confidentiality of the information and may enter into pre- hearing agreements regarding the protection of such information.

19.  A Participant may disclose to other persons such information in connection with a Proceeding as it considers necessary to prepare its case, but it shall take all necessary steps to ensure that such other persons maintain the confidentiality of the information.

20.  The Secretariat shall take all necessary steps to ensure that experts, interpreters, translators, court reporters and other individuals retained by the Secretariat maintain the confidentiality of any information designated as confidential.

21.  On request of another Participant, a Participant shall promptly deliver to the other Participants and the Secretariat a non-confidential summary of its written submissions.

22.  The Presiding Body shall make the Participants’ written submissions available to the public no later than at the beginning of the hearing before it, except those parts of the written submissions that contain proprietary or confidential information as specified in Rule 18.