Rules & Procedures of the 2010–2015 Council of Experts

2. Standards of Conduct

2.01 Code of Ethics

Members of the Council of Experts, Expert Committees and Expert Panels shall be required to adhere to the USP Code of Ethics, copies of which are available on USP’s website.

2.02 Representation

Members of the Council of Experts, and Expert Committees, serve USP as individual experts; they do not serve any outside interest. A member of the Council of Experts or an Expert Committee shall not use his or her membership in any way that is, or appears to be, motivated by private gain or any outside interest. A member of an Expert Panel may serve an outside interest provided such interest is disclosed pursuant to Section 6.05 of these Rules.

2.03 Conflict of Interest

1. General. Pursuant to Article VIII, Section 1, of the Bylaws and the Conflict of Interest Policy in the Code of Ethics, all members of the Council of Experts and its Expert Committees (“CoE/EC Expert”) shall adhere to the Conflict of Interest provisions set forth in this section. Expert Panel members are subject to the Conflict of Interest requirements contained in Section 6.05 of these Rules. As used in this section “Conflict of Interest” includes, but is not limited to, any matter in which a CoE/EC Expert has a direct financial interest or any other personal interest of any kind which would preclude or appear to preclude such individual from exercising impartial judgment or otherwise acting in the best interest of the Convention. It is the responsibility of each CoE/EC Expert to inform the USP Executive Secretariat, the Scientific Liaison(s), and/or the chairperson of a particular Expert Committee should a situation arise in which he or she has or may have a Conflict of Interest.
2. Recusal. No CoE/EC Expert shall vote nor take part in the final discussion or deliberation of any matter in which he or she has a Conflict of Interest.  An Expert Panel member may participate in deliberations or recommendations regarding matters in which he or she has a Conflict of Interest provided disclosure of a Conflict of Interest is made pursuant to Section 6.05 of these Rules. 
3. Assignment of Work. No CoE/EC Expert shall be assigned the primary responsibility to work on an issue or question in which he or she has a Conflict of Interest. He or she may, however, provide relevant scientific information and may participate in discussions regarding such issue or question; providing, however, that final discussion, deliberation and vote on such issue or question shall be conducted without such member present. Expert Panel members who have a Conflict of Interest may be assigned work on matters in which they have a Conflict of Interest provided disclosure of such Conflict of Interest is made pursuant to Section 6.05 of these Rules.
4. Conflict of Chair. In the case where the chairperson of an Expert Committee has a Conflict of Interest, the vice chairperson will serve. If the vice chairperson also is conflicted, a designated non-conflicted member shall lead the discussions. The chairperson of an Expert Panel that has a Conflict of Interest may continue to serve in that capacity provided disclosure of such Conflict of Interest is made pursuant to Section 6.05 of these Rules.

2.04 Conflict of Interest Statements

1. Requirement. Each member of the Council of Experts, the Expert Committees, and Expert Panels shall submit to USP a statement disclosing all employment, professional research, organizational memberships, and other interests that could result in a Conflict of Interest (Disclosure Statement).  The Disclosure Statement shall be updated by the member as necessary to keep it current or as requested periodically by USP.  Except as specified in Section 2.05 below, the information provided in Disclosure Statements shall be kept confidential
2. Failure to Submit Statement. If a member of the Council of Experts, Expert Committee, or Expert Panel fails to submit a Disclosure Statement, that member will not be allowed to participate in Expert Committee or Expert Panel activities until such statement is submitted.

2.05 Identification & Resolution of Conflict Issues

1. USP Responsibility. USP staff, together with the chairperson of an Expert Committee or Expert Panel, shall review Disclosure Statements on an ongoing basis to identify potential Conflicts of Interest and to ensure that all interests disclosed on the Disclosure Statements are disclosed to the other members of the Expert Committee or Expert Panel.  Where a potential Conflict of Interest arises, the chairperson and USP staff shall work with the individual, and if necessary or in the case of Conflicts of Interest involving a member of the Council of Experts, the Chair of the Council of Experts and the USP Executive Secretariat, to resolve the matter.  If the matter cannot be resolved, the question shall be referred to the Chairperson of the Council of Experts, who shall have final authority for resolving matters involving Conflicts of Interest.  The minutes of any meeting at which a Conflict of Interest issue has been identified shall reflect disclosure and resolution of such issue, including any recusal of a CoE/EC Expert due to conflict of interest.
2. Expert Responsibility. Any CoE/EC Expert or member of an Expert Panel who believes or should have reason to believe that he or she may have a Conflict of Interest shall notify USP staff and the chairperson of the Expert Committee or Expert Panel, as applicable, prior to any work on or discussion of the matter in question, and such issues shall be resolved as described in Section 2.05(a) above.

2.06 Confidentiality

1. Obligation to Maintain Confidentiality. Each CoE/EC member shall maintain the confidentiality of all information gained in the course of his or her activities as a CoE/EC Expert, and shall not use or disclose such information for any purpose, unless such information is already publicly available. In case of doubt as to whether information is deemed confidential, the information shall be treated as confidential until otherwise indicated by the USP Executive Secretariat or USP Secretary. Expert Panel members are obligated to maintain confidentiality of materials in accordance with Section 6.05(b) of these Rules.
2. Confidentiality Agreement. Each CoE/EC Expert and Expert Panel member shall sign a confidentiality agreement reflecting the confidentiality obligations set forth in Section 2.06(a). If a CoE/EC Expert or Expert Panel member fails to submit a confidentiality agreement, that member will not be allowed to receive any confidential information or participate in the Council of Experts, Expert Committee or Expert Panel activities until such agreement is submitted.