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Public Citizen Global Trade Watch v. Office of the U.S. Trade Representative, et al.

Topic(s): Government Transparency – FOIA
Date Of Involvement: 09/13/2001
Docket: 01-00096 (RWR/JMF)

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This Freedom of Information Act case sought to compel the Office of the United States Trade Representative and the State Department to produce records relating to a claim filed by UPS against Canada under Chapter 11 of the North American Free Trade Agreement (NAFTA), which authorizes investor-state international arbitrations. The case turned on whether the State Department properly classified on national security grounds UPS's Statement of Claim. The document was concededly not sensitive in content, but Canada had asked the State Department to not to disclose the document until after a ruling by the arbitral tribunal on a request by UPS for confidentiality. Before the court ruled, the State department released the document to us, ending the case.