Common use of Footnote Clause in Contracts

Footnote. 26 For greater certainty, when a respondent chooses to disclose to the tribunal information that may be withheld in accordance with Article 32.2 (Essential Security) or Article 32.5 (Disclosure of Information), the respondent may still withhold that information from disclosure to the public. 4. Any protected information that is submitted to the tribunal shall be protected from disclosure in accordance with the following procedures: (a) subject to subparagraph (d), neither the disputing parties nor the tribunal shall disclose to the non‐disputing Annex Party or to the public any protected information if the disputing party that provided the information clearly designates it in accordance with subparagraph (b); (b) any disputing party claiming that certain information constitutes protected information shall clearly designate the information according to any schedule set by the tribunal; (c) a disputing party shall, according to any schedule set by the tribunal, submit a redacted version of the document that does not contain the protected information. Only the redacted version shall be disclosed in accordance with paragraph 1; and (d) the tribunal, subject to paragraph 3, shall decide any objection regarding the designation of information claimed to be protected information. If the tribunal determines that the information was not properly designated, the disputing party that submitted the information may: (i) withdraw all or part of its submission containing that information, or (ii) agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal’s determination and subparagraph (c). In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under subparagraph (d)(i) by the disputing party that first submitted the information or redesignate the information consistent with the designation under subparagraph (d)(ii) of the disputing party that first submitted the information. 5. Nothing in this Annex requires a respondent to withhold from the public information required to be disclosed by its laws. The respondent should endeavor to apply those laws in a manner sensitive to protecting from disclosure information that has been designated as protected information. Article 14.

Footnote. 26 33 For greater certainty, when a respondent chooses to disclose to the tribunal information that may be withheld in accordance with Article 32.2 29.2 (Essential SecuritySecurity Exceptions) or Article 32.5 29.7 (Disclosure of Information), the respondent may still withhold that information from disclosure to the public. 4. Any protected information that is submitted to the tribunal shall be protected from disclosure in accordance with the following procedures: (a) subject to subparagraph (d), neither the disputing parties nor the tribunal shall disclose to the any non‐disputing Annex Party or to the public any protected information if the disputing party that provided the information clearly designates it in accordance with subparagraph (b); (ba) any disputing party claiming that certain information constitutes protected information shall clearly designate the information according to any schedule set by the tribunal; (c) a disputing party shall, according to any schedule set by the tribunal, submit a redacted version of the document that does not contain the protected information. Only the redacted version shall be disclosed in accordance with paragraph 1; and (d) the tribunal, subject to paragraph 3, shall decide any objection regarding the designation of information claimed to be protected information. If the tribunal determines that the information was not properly designated, the disputing party that submitted the information may: (i) withdraw all or part of its submission containing that information, ; or (ii) agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal’s determination and subparagraph (c). In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under subparagraph (d)(i) by the disputing party that first submitted the information or redesignate the information consistent with the designation under subparagraph (d)(ii) of the disputing party that first submitted the information. 5. Nothing in this Annex Section requires a respondent to withhold from the public information required to be disclosed by its laws. The respondent should endeavor endeavour to apply those laws in a manner sensitive to protecting from disclosure information that has been designated as protected information. Article 14.Article