ARCHIVED - NAFTA Secretariat — Canadian Section

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SECTION 3 – SUPPLEMENTARY INFORMATION

3.1     Overview

• Mandate:

                    Provide administrative assistance to panels and committees; and
                    Provide assistance to the NAFTA Free Trade Commission (See ANNEX A for details).

• Size:

                    2006-2007 Actual Spending = $1,511,317
                    Number of FTEs = 9

• Role:

                    Administration of international trade dispute settlement mechanisms by providing registry services and procedural guidance with respect to the Rules of Procedures, Code of Conduct and conflict of interest guidelines that apply to panels of experts who hear and decide on cases brought before them (visit http://www.nafta-sec-alena.org/DefaultSite/index_e.aspx?DetailID=8 for an overview of NAFTA dispute settlement provisions); and

                    Joint administration of dispute settlement panels with the other involved national section(s) following an appeal of a decision made by an investigating authority such as, in Canada, the Canada Border Services Agency (CBSA) and the Canadian International Trade Tribunal (CITT) and government to government disputes involving two or three Parties.

• Reporting Relationship:

                    Reports to Parliament through the Minister of International Trade (see Section 3.7 for Accountability Structure).

3.2      Who We Are

The NAFTA Secretariat is a unique organization established by the Free Trade Commission, pursuant to Article 2002 of the NAFTA.  It comprises the Canadian, the United States and the Mexican national sections. 

3.3      Where We Are Located

The national sections, which are "mirror‑images" of each other, are located in Ottawa, Washington and Mexico City, and each is headed by a Secretary appointed by her/his respective government.

3.4      How We Are Organized

Each national section maintains a court-like registry relating to panel and committee proceedings.  The involved national sections provide joint administration of panel and committee proceedings and share equally all expenses related to such proceedings.  As a result, the national sections have harmonized their registry operations and records management practices. Further, the three national sections have jointly developed and administer the Integrated Registry Information System and the NAFTA Trilateral website, which are hosted by the Canadian Section.  In light of this, the Canadian Section’s relationship with its counterpart sections in the United States and Mexico is fundamental to its effective performance.

3.5      Roles

In the administration of the dispute settlement provisions of the relevant free trade agreements (see ANNEX A for details), the NAFTA Secretariat, Canadian Section provides professional and advisory support to panels and committees and coordinates all panel and financial aspects of the process.

In addition to the assistance provided in support of the dispute resolution process, the Canadian Section is also involved in facilitating the operation of these agreements through the provision of information and professional services.  This is achieved through initiatives such as the establishment of an Internet website, the maintenance of a library and reference centre, research and analysis of trade related issues and, through collaboration with other national sections, establishment of management, policy, and procedural frameworks.

3.6      Travel Policies

Special Travel Authorities:
The NAFTA Secretariat, Canadian Section follows the TBS Special Travel Authorities.

Travel Directive, Rates and Allowances:
The NAFTA Secretariat, Canadian Section follows the TBS Travel Directive, Rates and Allowances.

3.7       Responsibility Chart

The NAFTA Secretariat, Canadian Section has one program and one business line.  For financial purposes accountability, the reporting structure is to Parliament through the Minister of International Trade (see figure 1).

* Full-Time Equivalent (FTE):  A full-time equivalent is the unit of measurement for personnel resources and refers to the employment of one person for one full year or the equivalent thereof.  FTEs are not subject to Treasury Board control, but are disclosed in Part III of the Estimates in support of personnel expenditure requirements.

ANNEX A

The Mandate of the NAFTA Secretariat

The mandate of the Secretariat is set out in Article 2002.3 of the NAFTA and reads:
The Secretariat shall:

a)      provide assistance to the Commission;

b)      provide administrative assistance to:

• panels and committees established under Chapter Nineteen  (Review and Dispute Settlement in Antidumping and Countervailing Duty Matters), in accordance with the procedures established pursuant to Article 1908; and
• panels established under this Chapter, in accordance with procedures established pursuant to Article 2012; and

c)      as the Commission may direct:

• support the work of other committees and groups established under this Agreement; and
• otherwise facilitate the operation of this Agreement.

In 1997 and then again in 2002, the Canadian Section's mandate was expanded to include the administration of the dispute settlement processes under the following trade agreements:

• the Canada-Israel Free Trade Agreement (CIFTA);
• the Canada-Chile Free Trade Agreement (CCFTA); and
• the Canada-Costa Rica Free Trade Agreement (CCRFTA).

ANNEX B

Guiding Principles

Commitment to an Unbiased and Equitable Administrative Process	The NAFTA Secretariat, Canadian Section is committed to administering the dispute settlement provisions of the relevant Free Trade Agreements and other Bilateral Agreements as directed by the Parties in a manner which ensures unbiased administrative processes, equity, security and fairness.
Commitment to Service Quality	The NAFTA Secretariat, Canadian Section is committed to maintaining the highest quality of administration to all dispute settlement proceedings and to investing in technologies that will sustain future operations.
Support to Stakeholders	The NAFTA Secretariat, Canadian Section is committed to supporting and providing services to its stakeholders in dispute resolution in a manner that is impartial, responsive, accessible and timely.
Openness and Accountability	The NAFTA Secretariat, Canadian Section is committed to the promotion of a corporate culture implementing transparent management processes and accountability, both to the NAFTA Free Trade Commission and to the public.
Operational Efficiency	The NAFTA Secretariat, Canadian Section is committed to pursuing alternative service delivery to enhance information access and sharing and to improve operating practices.
Continuous Learning	The NAFTA Secretariat, Canadian Section is committed in having in place professional and motivated employees and in offering them the opportunity to advance their careers through continuous learning.

ANNEX C

Financial Statements (Unaudited)

Table of Contents

Statement of Management Responsibility

Statement of Operations (Unaudited)

Statement of Financial Position (Unaudited)

Statement of Equity of Canada (Unaudited)

Statement of Cash Flow (Unaudited)

Notes (Unaudited)

 

 

 

 

 

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