Dow AgroSciences files Notice of Intent to submit NAFTA challenge in Canada



    CALGARY, Oct. 22 /CNW/ - Dow AgroSciences LLC today confirms that it has
submitted a Notice of Intent to Submit a Claim to Arbitration for breach of
Canada's obligations under NAFTA.
    In filing this Notice, Dow AgroSciences alleges that the Government of
Canada has breached its obligations under Section A of Chapter 11 of NAFTA,
under Article 1105 (Fair and Equitable Treatment in Accordance with
International Law) and Article 1110 (Expropriation). Dow AgroSciences bases
its claim on the actions of the Government of Quebec in starting a campaign in
2002 to ban 2,4-D, a Dow AgroSciences pesticide product, without any
scientific basis for such a ban. That ban went into force on April 3, 2006
despite the Government of Quebec's own advice that there was no scientific
basis for this ban and despite numerous attempts by Dow AgroSciences to work
with the Government of Quebec in using a science-based, transparent
policymaking framework for the decision affecting 2,4-D. The Government of
Quebec and the Government of Canada are both parties to NAFTA.
    "This challenge is aimed at ensuring that important public policy
decisions are based on scientific evidence, predictability and a clear set of
principles, and are managed within a transparent framework," said Jim
Wispinski, President and CEO of Dow AgroSciences. "The actions of the
Government of Quebec are tantamount to a blanket ban based on non-scientific
criteria, and we are of the view that this is in breach to certain provisions
of NAFTA. We don't welcome this step, but feel it is necessary given the
circumstances."
    Dow AgroSciences manufactures 2,4-D for sale to companies around the
world, including Canada. Regulators in several countries, including Canada,
the United States and in the European Union, have all reviewed 2,4-D on the
basis of modern science and concluded that it is safe for use according to
label instructions. On May 16, 2008, Health Canada's Pest Management
Regulatory Agency announced the results of an extensive review on 2,4-D. The
PMRA concluded that 2,4-D can be used safely according to label directions for
a variety of lawn, turf and agricultural applications, and that the product
meets all of Canada's pesticide health and safety regulations, which are among
the toughest and most stringent in the world.
    The Notice of Intent was filed with The Department of Justice and is
available online at
    http://www.international.gc.ca/trade-agreements-accords-commerciaux/disp-
diff/gov.aspx?lang=en. Dow AgroSciences is seeking a $2 million CAD
settlement, plus legal costs, in filing its Notice.

    About Dow AgroSciences

    Dow AgroSciences LLC, based in Indianapolis, Indiana, USA, is a top-tier
agricultural company that combines the power of science and technology with
the "Human Element" to constantly improve what is essential to human progress.
Dow AgroSciences provides innovative technologies for crop protection, pest
and vegetation management, seeds, traits, and agricultural biotechnology to
serve the world's growing population. Learn more at http://www.dowagro.com
    Dow AgroSciences Canada Inc. is headquartered in Calgary, Alberta with a
regional office in Saskatoon, Saskatchewan. Learn more at
http://www.dowagro.com/ca





For further information:

For further information: Brenda Harris, Regulatory and Government
Affairs Manager, Dow AgroSciences, (403) 735-8800, bjharrisdowagro@dow.com

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DOW AGROSCIENCES LLC

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