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International Trade Administration Act, 2002 (Act No. 71 of 2002)

Chapter 4 : Investigation, evaluation and adjudication procedures

Part D – Confidential information

33. Right of informants to claim confidentiality

 

(1) A person may, when submitting information to the Commission, identify information that the person claims to be information that—
(a) is confidential by its nature; or
(b) the person otherwise wishes to be recognised as confidential.

 

(2) A person making a claim in terms of subsection (1) must support that claim with—
(a) a written statement in the prescribed form—
(i) explaining, in the case of information that is confidential by its nature, how the information satisfies the requirements set out in the definition of "information that is by nature confidential" in section 1(2); or
(ii) motivating, in the case of other information, why that information should be recognised as confidential; and
(b) either—
(i) a written abstract of the information in a non-confidential form; or
(ii) a sworn statement setting out the reasons why it is impossible to comply with subparagraph (i).