U.S. International Trade Commission
500 E Street, SW
Washington, DC 20436 United States
Phone: 202-205-2000
Fax: 202-205-2104
www.usitc.gov
Nondisclosure Confidentiality
Agreement for Mediators
– to be signed by the mediator and countersigned by the Secretary –
I, __________________________________, a mediator, intending to be legally bound, consent to the terms in
this Agreement in consideration of my being granted conditional access to certain information, as specified
below:
1. This information includes all communications (written or oral) provided by the U.S. International Trade
Commission (“Commission”) and the private parties to this investigation under section 337 of the
Tariff Act of 1930, 19 U.S.C. § 1337, including all confidential business information and all information
provided in mediation. The mediation is confidential and is protected by the confidentiality provisions
of the Alternative Dispute Resolution Act, 5 U.S.C. § 574. A dispute resolution communication
between a mediator and a party that is protected from disclosure under 5 U.S.C. § 574 is also
protected from disclosure under the Freedom of Information Act, 5 U.S.C. § 552(b)(3), as provided by 5
U.S.C. § 574. The parties’ communications are also protected by other authorities, including the
Federal Rules of Evidence, the Administrative Procedures Act, 5 U.S.C. § 551, and 19 U.S.C. §
1337(n). By my being granted conditional access to the information indicated above, the Commission
has placed special confidence and trust in me, and I am obligated to protect this information from
unauthorized disclosure.
2. This agreement is made and intended for the benefit of the Commission and may be enforced by the
Commission. By granting me conditional access to information in this context, the Commission, or any
authorized representative, may seek any remedy available to it to enforce this Agreement, including,
but not limited to, a court order prohibiting disclosure of this Agreement, I could be subjected to
administrative, disciplinary, civil, or criminal action, as appropriate, under the laws, regulations, and
directives applicable to the category of information involved. I also understand that the Commission
has not waived any statutory or common law evidentiary privileges or protections that it may assert in
any administrative or court proceeding to protect any sensitive information to which I have been given
conditional access under the terms of this Agreement.
3. All forms of communication (written and oral) are to be protected.
4. Communications made by the private parties in joint session may not be disclosed to anyone not
participating in the session.
5. Communications of information that is other public may be disclosed.
6. If I am served with a subpoena or other demand, I will promptly advise the General Counsel of the
Commission of such service or demand, the nature of the documents or information sought, and all
relevant facts or circumstances. The Chairman of the Commission may assert privileges for the
information described above. See Touchy v. Regan, 340 U.S. 462 (1951). If the Chairman asserts
privilege over the information, I will respectfully decline to produce the requested documents, to testify,
