Rules for Article 10.13 Special Committees

Summary#

This notice publishes the Rules of Procedure for Article 10.13 (Special Committees). It sets the practical rules for how special committees will run under the trade Agreement signed by Canada, Mexico and the United States on November 30, 2018. The item appeared in the Canada Gazette on October 29, 2022.

What it does#

• Sets a single set of procedures for special committees that deal with matters under Article 10.13 (Safeguarding the Panel Review System) of the Agreement.
• Lays out time limits for written steps and reports, including:
  • an initial report, wherever practicable, within 60 days after the last committee member is appointed;
  • parties may comment on the initial report within 14 days;
  • a final report must be issued within 30 days after the initial report.
• Requires the complaining party’s written initial submission no later than 10 days after the last member is appointed, and a responding party’s written response within 20 days after that filing.
• Provides procedures for reconvening a committee and sets shorter deadlines for certain reconvening requests, including a decision within 45 days for some requests.
• Requires at least one hearing, with a verbatim transcript, and specifies the order and equal time for oral arguments.
• Makes hearings, deliberations, written submissions and transcripts confidential unless the involved Parties agree otherwise.
• Specifies who pays for committee costs: the involved Parties share remuneration and expenses equally; rates and allowances are tied to existing international reference rates (WTO and UN ICSC) at the date a request is made. Assistants are paid at one-fifth the rate of a committee member.
• Sets rules on language and translation: proceedings may be in English, French, or Spanish; translation costs for written submissions are borne by the filing Party, while interpretation and report translation costs are split equally.
• Prohibits ex parte contacts (no meetings with one Party in the absence of the other) and keeps committee deliberations private.
• Describes filing, service, and administrative duties of the responsible Secretariat, and how notices and final reports are published in official journals.

Who's affected#

• Canada, Mexico, and the United States as the three involved governments.
• The Secretariat sections and staff who administer special committee proceedings.
• Officials, legal teams, and advisers who take part in or run these special committee hearings.
• Anyone directly involved in a complaint under Article 10.13 — that is, the governments making or responding to allegations about the operation of domestic law and panel review.
• It is not aimed at individual businesses directly, although exporters, importers or industries could be indirectly affected if their government's dispute uses these procedures.

Why it matters#

• The rules make the process for these special committees clearer and more predictable. That affects how quickly disputes move and how public (or private) the proceedings are.
• Sharing costs and setting standard timelines can affect the financial and practical burden on governments and advisers handling these disputes.
• Language, confidentiality, and translation rules shape who can participate effectively and what information becomes public.
• For people and companies following cross-border trade disputes between the three countries, these rules influence how disputes about the panel review system are decided and how long a resolution might take.