Secretariat of the Commission for Labor Cooperation

Site Map

Select Language

Rules of Procedures

Application
Definitions
Establishment of Evaluation Committee of Experts
Interpretive Rulings
Rosters of Experts for ECEs
Selection of ECE Members
ECE Mandate
Operation of ECEs
Written Submissions
Confidentiality
ECE Information Forum
Supplementary Information Requests to the Parties
Other Sources of Information
Draft Report
Final Report
Ex Parte Contacts
Translation and Interpretation
Computation of Time
ECE Archives
Amendment
Authentic Texts

Application

1.	These rules are established under Article 24 of the North American Agreement on Labor Cooperation (NAALC) and apply to proceedings under Section B (Evaluations) of Part Four (Cooperative Consultations and Evaluations) of the NAALC unless the Council decides otherwise.

Definitions

In these rules:

Agreement means the North American Agreement on Labor Cooperation;

business day means Monday through Friday, except legal holidays as designated by any Party and as to which the Secretariat is so notified;

confidential or proprietary information means any information designated as such by the submitter;

Consulting Party means a Party participating in ministerial consultations under Article 22;

Council means the Council established under Article 9;

day means calendar day, unless otherwise indicated;

ECE means an Evaluation Committee of Experts established under Article 23;

interpretive rulings means rulings by an independent expert acting under Article 23 and Annex 23;

Party means a Party to the Agreement;

representative of a Party means an employee of a government department or agency or of any other government entity of a Party; and

Requesting Party means the Party that requested in writing the establishment of an ECE;

Secretariat means the Secretariat established under Article 12.

Any reference made in these rules to an Article, Annex or Chapter is a reference to the appropriate Article, Annex or Chapter of the Agreement. All definitions contained in Article 49 and Annex 49 govern any interpretation of the Agreement and these rules.

Establishment of Evaluation Committee of Experts

4.	If a matter has not been resolved after ministerial consultations pursuant to Article 22, any consulting Party may request in writing the establishment of an Evaluation Committee of Experts (ECE). In accordance with Article 23(1), the requesting Party shall deliver the request to the other Parties and to the Secretariat. The date on which the request was received by the Secretariat shall be deemed the date of the delivery of the request. The Secretariat shall promptly notify the Parties of this date.
5.	Subject to Article 23(3) and (4) and rules 8 and 17, the Council shall establish an ECE no sooner than 7 days after the delivery of the request. If, during this 7day period, a request for an interpretive ruling pursuant to rule 12 is made or a Party notifies the Secretariat and the other Parties that in its view the matter concerned was previously the subject of an ECE report and there is no new information warranting a further report within the meaning of Article 23(4), the Council shall refrain from establishing the ECE pending the issuance of the interpretive ruling or a decision by the Council as to the applicability of Article 23(4).
	If a request for an interpretive ruling or a notification as to the applicability of Article 23(4) is made, the members of the ECE shall be appointed no later than 2 business days following the release of an interpretive ruling determining that the matter is "trade-related" or covered by "mutually recognized labor laws" as defined in Article 49 or a determination by the Council, pursuant to rule 8, that Article 23(4) does not apply.
	If there is no request for an interpretive ruling or notification as to the applicability of Article 23(4), the members of the ECE shall be appointed no later than 21 days after the delivery of the request, unless the Council decides otherwise.
6.	An ECE shall be deemed established on the date that all its members have been appointed.
7.	Prior to the establishment of an ECE, the Council shall establish specific terms of reference for the ECE for the purpose of rule 28.
8.	In accordance with Article 23(4), no ECE may be convened regarding any matter that the Council determines by a two-thirds vote was previously the subject of an ECE report in the absence of such new information as would warrant a further report. The Council may request the Secretariat to provide the Council with an analysis of the request within 2 business days.

Interpretive Rulings

9.	The Council shall establish and maintain a roster of up to 15 experts in international trade for purposes of selection as experts to give rulings pursuant to rule 12(a). The roster members shall be appointed by consensus for terms of three years, and may be reappointed. The Secretariat shall have custody of the roster.
10.	The Council shall establish and maintain a roster of up to 15 experts in labor law for purposes of selection as experts to give rulings pursuant to rule 12(b). The roster members shall be appointed by consensus for terms of three years, and may be reappointed. The Secretariat shall have custody of the roster.
11.	Roster members shall:
	(a) have expertise or experience in international trade, for the roster established pursuant to rule 9, or labor law or its administration, for the roster established pursuant to rule 10; (b) be chosen strictly on the basis of objectivity, reliability and sound judgment; (c) be independent of, and not be affiliated with or take instructions from, any Party or the Secretariat; and (d) comply with the code of conduct established by the Council.
12.	A Party may seek a ruling under Annex 23 by notifying the Secretariat and the other Parties in writing, no later than 7 days after the request to establish an ECE. On delivery of the notice, the Council shall select an independent expert from the roster established under rule 9 or 10 to make a ruling concerning whether the matter is:
	(a) "trade-related", or (b) covered by "mutually recognized labor laws", as defined in Article 49.
13.	In order to be considered, a Party's notice seeking a ruling under Annex 23 made pursuant to rule 12 must be accompanied by a memorandum, not exceeding 10 pages in length, supporting the contention that the matter is not trade-related or is not covered by mutually recognized labor laws. Any other Party may submit a memorandum, not exceeding 10 pages, objecting to or supporting the notice within 7 days of the delivery of the notice or within 2 business days following the selection of an independent expert, whichever is later.
14.	The independent expert may request additional information from one or more of the Parties. A Party that has received such a request shall respond within 7days.
15.	Unless the Council decides otherwise, the expert shall make a ruling within 14days after the expert is selected. The expert's ruling shall be final and binding on the Parties.
16.	If the Council is unable to reach consensus within 14 days from the date of a notice pursuant to rule 12, the expert shall be chosen by lot from the appropriate roster, with the Secretariat administering the selection.
17.	In accordance with Article 23(3), no ECE may be convened by the Council if the independent expert has ruled that the matter:
	(a) is not "trade-related", or (b) is not covered by "mutually recognized labor laws".

Rosters of Experts for ECEs

18.	The Council shall establish and maintain a roster of up to 45 experts who are willing and able to serve as members of ECEs. The roster members shall be appointed by consensus for terms of three years, and may be reappointed. Experts whose names appear on the rosters established pursuant to rule 10 are not excluded from eligibility for this roster. The Secretariat shall have custody of the roster.
19.	Roster members shall:
	(a) have expertise or experience in labor matters or other appropriate disciplines; (b) be chosen strictly on the basis of objectivity, reliability and sound judgment; (c) be independent of, and not be affiliated with or take instructions from, any Party or the Secretariat; and (d) comply with a code of conduct established by the Council.
20.	An independent expert selected to make an interpretive ruling shall not be eligible to serve as a member of an ECE in the same matter.
21.	In consultation with the International Labor Organization, the Council shall establish and maintain a roster of 12 experts who are willing and able to serve as chairs of ECEs. The roster members shall be appointed by consensus for terms of three years, and may be reappointed. Persons whose names appear on the roster established pursuant to rules 10 or 18 shall be eligible for appointment to the roster established under this rule. The persons on the roster shall meet the requirements of rule 19. The Secretariat shall have custody of the roster.

Selection of ECE Members

22.	An ECE shall normally consist of a chair and two other members.
23.	The chair shall be selected by the Council from the roster provided for in rule 21. The other members of an ECE shall be selected by the Council from the roster provided for in rule 18. If the Council is unable to agree on the selection of one or more members of an ECE, the expert shall be selected by lot from the appropriate roster. The selection by lot must continue until it results in an ECE membership composed of three nationalities.
24.	When an ECE member is to be selected by lot, pursuant to rule 23, all the names on the roster of experts established under rule 18, minus the names of the persons currently serving on this or another ECE, shall be made available for the selection process. The Executive Director of the Secretariat shall select names from this grouping at random until a person is identified who is not of the same nationality as the existing ECE members.
	The Executive Director of the Secretariat shall inform the Council immediately of the name selected and the Council will appoint the new ECE member without delay. If the individual does not accept the appointment, the random selection process will be repeated.
25.	When an ECE chair is to be selected by lot, the procedures stipulated in rule 24 will apply except that the roster established under rule 21 shall be used. When both the chair and one or more other members are to be selected by lot, the chair will be selected first.
26.	If a Party believes that a member of an ECE is in violation of the code of conduct, it may bring the matter to the Council. If two Council members agree that a violation of the code of conduct has occurred, the member shall be removed and a new member shall be selected in accordance with rule 23.

ECE Mandate

27.	In accordance with Article 23(2), the ECE shall analyze, in the light of the objectives of the Agreement and in a non-adversarial manner, patterns of practice by each Party in the enforcement of its occupational safety and health or other "technical labor standards" defined in the Agreement, as they apply to the particular matter previously considered by the Parties under Article 22.
28.	Subject to rule 27, the ECE shall follow the specific terms of reference set by the Council.

Operation of ECEs

29.	The chair of the ECE shall preside at all of its meetings. An ECE may delegate authority to the Chair to make administrative and procedural decisions. Within 21 days of the establishment of an ECE, the chair, after consulting with the Executive Director of the Secretariat, shall present a budget to the Council covering the expenses related to the work of the ECE, including the remuneration of the ECE members. The Executive Director of the Secretariat is authorized to cover ordinary expenses of the ECE pending approval of the budget.
30.	Only members of the ECE may take part in the deliberations of the ECE. The ECE may permit the Executive Director or other members of the Secretariat to be present during such deliberations to provide assistance as required. The Secretariat shall maintain the records of the ECE process.
31.	Where a procedural question arises that is not covered by these rules, an ECE may adopt an appropriate procedure that is not inconsistent with the Agreement.
32.	If a member of an ECE dies, withdraws or is removed, a replacement shall be selected as expeditiously as possible in accordance with the selection procedure of rule 23. Following the selection of a replacement, the ECE process shall be resumed at the stage where it had been interrupted.
33.	Any time period applicable to the ECE process shall be suspended for a period beginning on the date the member of the ECE dies, withdraws or is removed and ending on the date the replacement is selected.
34.	The Council, at the request of an ECE, may modify any time period applicable in the ECE process and make such other adjustments as may be required in the proceeding.

Written Submissions

35.	The Parties and members of the public may make written submissions to the ECE by delivering the original and six copies to the Secretariat no later than 30 days following a request for written submissions by the ECE. The Secretariat shall communicate a request by the ECE for written submissions to all Parties expeditiously. The Secretariat shall ensure that an ECE request for written submissions is given appropriate public notice.
36.	A written submission shall clearly indicate the person(s) or organization(s) making the submission, including the address. Submissions in excess of 10 pages shall be accompanied by an executive summary.
37.	The Secretariat shall acknowledge receipt of all written submissions.
38.	The Secretariat shall notify the Parties of the receipt of written submissions. Subject to rules 39 through 41, the Secretariat shall transmit copies of submissions to the ECE and, on request, to the Parties. The Parties may comment in writing within 14 days of receipt of a written submission of a Party and at any time on a public submission.

Confidentiality

39.	A Party or member of the public making a submission pursuant to rule 35 may request that the source of the information be kept confidential and may designate any information provided as confidential or proprietary.
40.	In accordance with Article 12(6)(a) of the Agreement, the Secretariat shall safeguard from disclosure to the ECE members, the Parties, and the public information that could identify a source, if the submitter requests or if the Secretariat otherwise considers it appropriate. In such case, the Secretariat shall ensure that any identifying information is deleted from a document before it is disseminated to ECE members, the Parties or the public.
	In accordance with Article 12(6)(b) of the Agreement, the Secretariat shall safeguard from disclosure to the public information that the submitter designates as confidential or proprietary. In such case, the Secretariat shall ensure that any information designated as confidential or proprietary is clearly identified before dissemination to ECE members or the Parties and deleted before dissemination to the public.
41.	The Parties and the ECE members shall accord sources and information contained in submissions the confidentiality requested or designated pursuant to rules 39 and 40. The Secretariat and ECE shall ensure that any person handling confidential or proprietary information has signed a confidentiality agreement.
42.	Subject to the requirements of rule 40, the Secretariat shall make copies of written submissions available to the public on request.

ECE Information Forum

43.	The chair shall fix the date and time of any ECE information forum in cooperation with the Parties, the other members of the ECE and the Secretariat. The Secretariat shall notify the Parties in writing 14 days in advance of the date, time and location of an ECE information forum, which shall gather information from the Parties or the public in order to better analyze the subject matter under consideration in an ECE evaluation.
44.	The ECE may invite organizations, institutions, persons with relevant experience and members of the public to an ECE information forum. The Secretariat shall ensure that these invitations are given appropriate public notice.
45.	An ECE may fix separate ECE information fora for representatives of the Parties and for others.
46.	ECE information fora shall normally be held at the seat of the Secretariat.
47.	The Secretariat shall provide simultaneous interpretation as required at the ECE information fora.
48.	All members of the ECE shall normally be present at the ECE information fora.
49.	No later than 10 days before the date of an ECE information forum to which the Parties are invited, each Party shall advise the Secretariat whether it wishes to participate. No later than 5 days before the date of an ECE information forum, each participating Party shall deliver to the Secretariat a list of its representatives who would like to address the ECE. The Secretariat shall prepare the list of the speakers and circulate it to the Parties.
50.	No later than 10 days before the date of an ECE information forum in which organizations, institutions, persons with relevant experience and members of the public are invited, those wishing to participate shall so advise the Secretariat. No later than 5 days before the date of an ECE information forum, each organization or institution shall deliver to the Secretariat a list of its representatives who would like to address the ECE. The Secretariat shall prepare a list of the names of such representatives as well as of persons with relevant experience and members of the public who wish to address the ECE, circulate it to the Parties and give it appropriate public notice.
51.	Each ECE information forum shall be open to the public, unless the ECE decides that, for compelling reasons, it will be closed.
52.	The Secretariat shall arrange to have a transcript of each ECE information forum prepared and a copy of the transcript delivered as soon as possible to all Parties and the members of the ECE.
53.	Within 14 days after the ECE information forum, any Party may deliver to the Secretariat a supplementary written submission responding to any matter that arose from the ECE information forum or from any written submission. The Secretariat shall transmit copies of supplementary written submissions to the members of the ECE and to the other Parties.

Supplementary Information Requests to the Parties

54.

The ECE may at any time during the ECE process address questions in writing to one or more of the Parties. The ECE shall deliver the written questions to the Party or Parties to whom the questions are addressed through the Secretariat which, in turn, shall provide for the delivery of copies of the questions by the most expeditious means practicable to the other Parties.

55.

A Party to whom the ECE addresses written questions shall deliver its written reply to the Secretariat within the time frame specified by the ECE. The Secretariat shall transmit copies of the written reply to the members of the ECE and provide for the delivery of copies of the reply by the most expeditious means practicable to the other Parties. Each Party shall be given an equal opportunity to provide written comments on the reply within the time frame specified by the ECE.

Other Sources of Information

56.	The Secretariat and the National Administrative Office of each Party may provide the ECE with relevant information, either at their own initiative or at the request of the ECE. When requesting information from the Secretariat or the National Administrative Offices, the ECE shall stipulate the deadlines involved.
57.	In addition to information received through written submissions, written comments or ECE information fora, an ECE may consider in preparing its report any other information provided by the Secretariat, theNational Administrative Office of each Party, organizations, institutions and persons with relevant expertise, and the public.
58.	Where the ECE has determined that information received under rule 57 will be considered in preparing its report, the Secretariat shall provide copies of such information to all Parties. Each Party shall be given an equal opportunity to comment within the time frame specified by the ECE.

Draft Report

59.	Unless the Council decides otherwise, the ECE shall present a draft report for consideration by the Council within 120 days after it is established, which shall contain:
	(a) a comparative assessment of the matter under consideration; (b) its conclusions; and (c) where appropriate, practical recommendations that may assist the Parties in respect of the matter.
60.	Following the transmittal of the draft report to the Council, each Party may submit written views to the ECE within 14 days. The Secretariat shall transmit copies of such views to the other Parties within 2 business days. The Parties may express their comments on such views to the ECE, through the Secretariat, within 14 days. The ECE shall take such comments and views into account in preparing its final report.
61.	The Parties, ECE members and the Secretariat shall not disclose the ECE's draft report or any of its contents.

Final Report

62.	Unless the Council decides otherwise, the ECE shall present a final report to the Council, including any separate views on matters not unanimously agreed, within 60 days after presentation of the draft report.
63.	Unless the Council decides otherwise, the final report shall be published within 30 days after its presentation to the Council.
64.	The Parties shall provide to each other and the Secretariat written responses to the recommendations contained in the ECE report within 90 days of its publication.
65.	The final report and such written responses shall be tabled for consideration at the next regular session of the Council. The Council may keep the matter under review.

Ex Parte Contacts

66.	Whenever the ECE or any of its members has discussed the matter under consideration pursuant to rules 27 and 28 with any one Party in the absence of the other Parties, the ECE shall so advise the other Parties through the Secretariat.
67.	Any ECE member who discusses the subject matter under consideration pursuant to rules 27 and 28 with any organization, institution or member of the public shall immediately advise the other members of the ECE of the purpose and nature of the discussion.
68.	The ECE shall provide the Parties, through the Secretariat, with a list of the names of organizations, institutions and members of the public with whom the ECE or any one of its members has discussed the matter under consideration pursuant to rules 27 and 28.

Translation and Interpretation

69.	A Party shall, within a reasonable period of time before it delivers its written submission in the ECE process, advise the Secretariat in writing of the language or languages in which its written submission will be made and in which it wishes to receive the written submissions replies and comments of the other Parties. The Secretariat shall promptly notify the other Parties of such notification.
70.	A Party participating in an ECE information forum shall, within a reasonable period of time before the date of such an ECE information forum, advise the Secretariat in writing of the language or languages in which it will make oral presentations and in which it wishes to hear oral presentations by the other participating Parties. When the Secretariat is so advised it shall promptly notify the other Parties and the ECE.
71.	Where in accordance with the advice provided by each Party under rules 69 or 70, written submissions or oral presentations in the ECE process will be made in more than one language, or if a member of the ECE so requests, the Secretariat shall arrange for the translation of written submissions, replies and comments, and the ECE report; and for the interpretation of oral presentations, as the case may be.
72.	Any time period under these rules for comment by a Party on written submissions, replies, comments or views of another Party shall be extended for a reasonable period, not to exceed 10 business days, necessary to complete the translation of the submissions, replies, comments or views. On agreement of the Parties, the time period may be extended for a further period not to exceed 10 additional business days.
73.	The costs incurred to prepare translations of written submissions, replies, comments or views and of the draft and final reports as well as of interpretation requirements in ECE information fora shall be included in the ECE budget.
74.	Any Party may provide comments on a translated version of a document that is prepared in accordance with these rules.

Computation of Time

75.

In computing any period of time prescribed or allowed by these rules or by the ECE, the day of the act or event when the designated period of time begins to run shall not be included. The last day of the period shall be included unless it is not a business day as defined by these rules, in which event the period runs until the end of the next business day.

ECE Archives

76.	After the submission of the final ECE report, all relevant documents related to the work of the ECE shall be deposited with the Secretariat in accordance with the policy of the Commission for Labor Cooperation.

Amendment

77.	The Council may amend these rules at any time.

Authentic Texts

78.	The English, French and Spanish texts are equally authentic.

For a free copy of this report write to clcpubs@naalc.org.

Home Tel: (202) 464-1100 1211 Connecticut Ave. NW | Suite 400 | Washington D.C. 20036 | USA