Sec. 305. Participation in WTO panel proceedings
305 words·~1 min read·
/bill/115/hr/2756/ih/section-305·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If the United States Trade Representative, in proceedings before a dispute settlement panel or the Appellate Body of the WTO, seeks to enforce United States rights under a multilateral trade agreement or to defend a challenged action or determination of the United States Government, a United States citizen or an alien lawfully admitted for permanent residence to the United States that— is supportive of the United States Government’s position before the panel or Appellate Body; and has a direct economic interest in the panel’s or Appellate Body’s resolution of the matters in dispute, shall, to the extent appropriate, be permitted to participate in consultations and panel proceedings.
The Trade Representative shall issue regulations, consistent with subsections
(b)and (c), ensuring full and effective participation by any such private person. The United States Trade Representative shall make available to persons described in subsection
(a)all information presented to or otherwise obtained by the Trade Representative in connection with a WTO dispute settlement proceeding. The United States Trade Representative shall promulgate regulations implementing a protective order system to protect information designated by the submitting member as confidential. Upon request from a person described in subsection (a), the United States Trade Representative shall— consult in advance with such person regarding the content of written submissions from the United States to the WTO panel concerned or to the other member countries involved; include, where appropriate, such person or its appropriate representative as an advisory member of the delegation in sessions of the dispute settlement panel; allow such special delegation member, where such member would bring special knowledge to the proceeding, to appear before the panel, directly or through counsel, under the supervision of responsible United States Government officials; and in proceedings involving confidential information, allow appearance of such person only through counsel as a member of the special delegation.