Page 172 - Compendium of Law & Regulations
P. 172
Article VI of GATT, 1994
supplying the information or upon a person from whom that person acquired
the information), or which is provided on a confidential basis by parties to an
investigation shall, upon good cause shown, be treated as such by the authorities.
Such information shall not be disclosed without specific permission of the party
submitting it.
6.5.1 The authorities shall require interested parties providing confidential
information to furnish non confidential summaries thereof. These
summaries shall be in sufficient detail to permit a reasonable understanding
of the substance of the information submitted in confidence. In exceptional
circumstances, such parties may indicate that such information is not
susceptible of summary. In such exceptional circumstances, a statement
of the reasons why summarization is not possible must be provided.
6.5.2 If the authorities find that a request for confidentiality is not warranted and
if the supplier of the information is either unwilling to make the information
public or to authorize its disclosure in generalized or summary form, the
authorities may disregard such information unless it can be demonstrated
to their satisfaction from appropriate sources that the information is
correct.
6.6 Except in circumstances provided for in paragraph 8, the authorities shall
during the course of an investigation satisfy themselves as to the accuracy of the
information supplied by interested parties upon which their findings are based.
6.7 In order to verify information provided or to obtain further details, the
authorities may carry out investigations in the territory of other Members as
required, provided they obtain the agreement of the firms concerned and notify
the representatives of the government of the Member in question, and unless
that Member objects to the investigation. The procedures described in Annex
I shall apply to investigations carried out in the territory of other Members.
Subject to the requirement to protect confidential information, the authorities
shall make the results of any such investigations available, or shall provide
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