The requirements shall not demand procedures, practices or investments in excess of anything undertaken in the firm’s industry or related industries throughout the world, such that the sponsor shall be prepared to show that such a demand has been accomplished in the normal course of business elsewhere without apparent, extenuating circumstances.
No requirement may cause or compel actions by the firm that have the potential to pose a significant other legal, financial or business threat to the firm, including but not limited to:
Surrendering significant rights, privileges or immunities under state or federal law;
Labor relations that may compromise practices by the firm in other locations where it operates in the United States; or
The release of information that is proprietary, confidential or otherwise threatening to the firm’s market competitiveness or contractual obligations or that of any third party.
The criteria in this rule will typically concern a zone sponsor’s underlying policy, hence the recommendations in OAR 123-668-2400 (Zone Sponsor Policies) for deliberate and explicit policy-making to cover certain potentialities.