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• Chapter 19: Transparency [PDF 12 KB]

Article 19.1: Publication

1. Each Party shall ensure that its laws, regulations, procedures and administrative
   rulings of general application respecting any matter covered by this Agreement
   are promptly published, including on the Internet where feasible, or otherwise
   made available in such a manner as to enable interested persons and the other
   Party to become acquainted with them.
2. To the extent possible, each Party shall:
   1. publish in advance any such laws, regulations, procedures and administrative
      rulings of general application that it proposes to adopt; and
   2. provide interested persons and the other Party a reasonable opportunity
      to comment on such proposed measures.

Article 19.2: Provision of Information

On request of the other Party, a Party shall promptly provide information and respond to questions pertaining to any actual or proposed measure that the requesting Party considers might affect the operation of this Agreement, regardless of whether the requesting Party has been previously notified of that measure.

Article 19.3: Administrative Proceedings

1. Each Party shall ensure that all laws, regulations, procedures, and administrative
   rulings of general application to which this Agreement applies are administered
   in a consistent, impartial, objective and reasonable manner.
2. With a view to administering in a consistent, impartial, objective and reasonable
   manner its laws, regulations, procedures and administrative rulings of general
   application with respect to any matter covered by this Agreement, each Party
   shall ensure, in its administrative proceedings applying these measures to
   particular persons, goods or services of the other Party in specific cases
   that it:
   1. provides wherever possible, persons of the other Party that are directly
      affected by a proceeding reasonable notice, in accordance with its procedures,
      when a proceeding is initiated, including a description of the nature
      of the proceeding, a statement of the legal authority under which the
      proceeding is initiated, and a general description of any issues in controversy;
   2. affords such persons a reasonable opportunity to present facts and arguments
      in support of their positions prior to any final administrative action,
      when time, the nature of the proceeding and the public interest permit;
      and
   3. follows its procedures in accordance with its law.

Article 19.4: Review and Appeal

1. Each Party shall establish or maintain judicial, quasi-judicial, or administrative
   tribunals or procedures for the purposes of the prompt review and, where warranted,
   correction of final administrative actions regarding matters covered by this
   Agreement. Such tribunals shall be impartial and independent of the office
   or authority entrusted with administrative enforcement and shall not have
   any substantial interest in the outcome of the matter.
2. Each Party shall ensure that, in any such tribunals or procedures, the parties
   to the proceeding are provided with the right to:
   1. a reasonable opportunity to support or defend their respective positions;
      and
   2. a decision based on the evidence and submissions of record or, where
      required by the law of the party, the record compiled by the administrative
      authority.
3. Each Party shall ensure, subject to appeal or further review as provided
   in its law, that such decision shall be implemented by, and shall govern the
   practice of, the office or authority with respect to the administrative action
   at issue.

Article 19.5: Definitions

For the purposes of this Chapter:

administrative ruling of general application means an administrative ruling or interpretation that applies to all persons and fact situations that fall generally within its ambit and that establishes a norm of conduct but does not include:

1. a determination or ruling made in an administrative or quasi-judicial proceeding
   that applies to a particular person, good, or service of the other Party in
   a specific case; or
2. a ruling that adjudicates with respect to a particular act or practice.