1. For the purposes of this Article, legal person means an entity other than an individual that can establish a permanent customer relationship with a financial institution or otherwise own property. Such an entity may include a company, body corporate, foundation, anstalt, partnership, association, and other relevantly similar entity.
2. Each Party is committed, consistent with the relevant recommendations of the FATF, to:
(a) assessing the money laundering and terrorism financing risks associated with all types of legal persons created under its domestic law, as well as the risks associated with foreign-created legal persons that have sufficient links with that Party;
(b) taking action to effectively implement measures that enhance the transparency of legal persons with emphasis on the revisions to FATF Recommendation 24 and its interpretive note adopted by the FATF Plenary in March 2022 regarding transparency and beneficial ownership of legal persons, including the revision relating to beneficial ownership transparency of legal persons in the course of government procurement; and
(c) providing rapid, constructive, and effective international cooperation with other Parties in relation to basic and beneficial ownership information of legal persons.
3. In this regard, each Party is committed to identifying concrete action items to address gaps in its legal and operational frameworks for preventing money laundering and modifying its measures to meet the standards set out in FATF Recommendation 24.
4. Each Party is committed to:
(a) taking concrete actions in its territory to prevent corrupt actors from funneling the proceeds of their corruption into its real estate markets, consistent with the FATF standards; and
(b) exchanging information and best practices on how to mitigate abuse of its real estate markets by corrupt actors.
Article 9. Persons That Report Corruption Offenses
1. Each Party shall identify its competent authorities responsible for the enforcement of the measures described in Article 5 and publish such information on a website.
2. Each Party shall adopt or maintain confidential complaint systems or procedures, consistent with its domestic law, including protected reporting systems and programs or other measures for the appropriate protection of individuals reporting an offense described in Articles 5.3 or 5.5 or an act described in Article 5.4, and work to increase awareness of those systems or procedures.
3. Each Party shall adopt or maintain publicly available procedures for a person to report to its competent authorities, including, where appropriate, anonymously, any incident that may be considered to constitute an offense described in Articles 5.3 or 5.5 or an act described in Article 5.4,
4. Each Party shall adopt or maintain appropriate measures to protect against any discriminatory, retaliatory, or improper disciplinary treatment of any individual who, on reasonable grounds, reports to its competent authorities any suspected incident that may be considered to constitute an offense described in Articles 5.3 or 5.5 or an act described in Article 5.4,
5. Each Party should require an external auditor of an issuer's financial statement who discovers indications of a suspected incident that may be considered an offense described in Articles 5.3 or 5.5 or an act described in Article 5.4 to report this discovery to the issuerâs management and, as appropriate, to corporate monitoring bodies. Each Party should also encourage issuers that receive such a report from an external auditor to actively and effectively respond to the report.
6. Each Party should consider requiring an external auditor of an issuer's financial statement to report to that Party's competent authorities any suspected incident that may be considered an offense described in Articles 5.3 or 5.5 or an act described in Article 5.4. If a Party requires such reporting, it shall ensure that any external auditor who, on reasonable grounds and in accordance with its domestic law, reports to its competent authorities any such suspected incident is provided appropriate protection from legal action related to such reporting in accordance with its domestic law.
Article 10. Promoting Integrity Among Public Officials (9)
1. To prevent and combat corruption, including bribery, each Party shall promote, among other things, integrity, honesty, and responsibility among its public officials. To this end, each Party shall, in accordance with the fundamental principles of its legal system, adopt or maintain measures to:
(a) as appropriate, promote education and training programs to enable public officials to meet the requirements for the correct, honorable, and proper performance of public functions and that provide them with specialized and appropriate training to enhance their awareness of the risk of corruption in the performance of their functions;
(b) provide adequate procedures for the selection and training of public officials for public positions considered by the Party to be especially vulnerable to corruption;
(c) promote transparency and accountability of public officials in the exercise of public functions, including in government procurement;
(d) require senior public officials, and other public officials as the Party considers appropriate, to make available to appropriate authorities declarations regarding, among other things, their outside activities, employment, investments, assets, and substantial gifts or benefits from which a conflict of interest may result with respect to their functions as public officials; and
(e) facilitate or require reporting by public officials of acts of corruption, including bribery, to competent authorities when such acts come to their notice in the performance of their functions.
2. Each Party shall adopt or maintain appropriate policies and procedures to identify and manage actual or potential conflicts of interest of public officials, including those engaged in or having influence over government procurement.
3. Each Party shall adopt or maintain codes or standards of conduct for the correct, honorable, and proper performance of public functions and the avoidance of conflicts of interests by public officials. Each Party shall endeavor to adopt or maintain measures providing for disciplinary or other actions, if warranted, against a public official who violates a code or standard that is consistent with this paragraph.
4. Each Party to the extent consistent with the fundamental principles of its legal system shall adopt or maintain procedures through which a public official charged or convicted of an offense described in this Section may be removed, suspended, or reassigned by the appropriate authority, bearing in mind respect for the principle of presumption of innocence.
5. Each Party affirms its obligations under Article 11 (Measures relating to the judiciary and prosecution services) of the UNCAC.
Article 11. Promoting Integrity and Transparency In Government Procurement
1. For the purposes of this Article, supplier means a person or group of persons that provides or could provide a good or service to a procuring entity.
2. Each Party affirms its obligations under paragraph 1 of Article 9 (Public procurement and management of public finances) of the UNCAC. Each Party intends to share best practices with the other Parties regarding government procurement and the management of public finances, including best practices on measures to promote transparency and accountability in the management of public finances.
3. Each Party shall adopt or maintain, in accordance with its domestic laws, criminal, civil, or administrative measures to address corruption, fraud, and other illegal acts in its government procurement.
4. Each Party should, where appropriate, require contract bidders to disclose their beneficial ownership information to procuring agencies and successful suppliers to publicly disclose their beneficial ownership information, or use other means to make such beneficial ownership information available to procuring agencies, to prevent waste, fraud, and abuse in government procurement.
5. Each Party should, where appropriate, put in place policies or procedures that promote contracting with suppliers that operate with integrity and have good business practices. Such policies or procedures could include provisions in tender documentation or other relevant measures that require successful suppliers to maintain and enforce effective internal controls, ethics, and compliance programs, taking into account the size of the supplier, particularly MSMEs, and other relevant factors that could contribute to preventing and detecting corruption, fraud, and other illegal acts.
6. If a Party has a suspension or debarment framework in place, in making decisions on suspension or debarment from eligibility to participate in government procurements of a supplier that has engaged in corruption, fraud, or other illegal acts, which may include in making a decision on whether to reduce the period, extent, or application of suspension or debarment, that Party is encouraged, where appropriate, to take into account any mitigating factors or remedial measures developed by the supplier to address specific corruption risks as well as the supplier's existing internal controls, ethics, and compliance programs or measures.
7. Each Party intends, within its available resources, to provide guidance or training to its relevant government officials on preventing, detecting, and deterring corruption throughout the government procurement lifecycle, which may include, as appropriate, guidance or training on:
(a) suspension and debarment or alternative measures to promote and acknowledge the implementation of internal controls, ethics, and compliance programs or measures; and
(b) how internal controls, ethics, and compliance programs or measures may be taken into account in making decisions regarding suspension and debarment or alternative measures.
8. If a Party has a suspension or debarment framework in place, it shall provide for transparency and notice of procedures in suspension and debarment proceedings, such as providing to a supplier notice of initiation of a proceeding regarding that supplier, a description of the nature of the proceeding, a statement of the authority under which the proceeding was initiated and the reasons for the proceeding, and providing the supplier opportunity to present facts and arguments in support of its position.
9. If a Party has a suspension or debarment framework in place, it shall, where appropriate, disseminate or publish, and update, a list of persons that it has debarred, suspended, or declared ineligible, including owing to corruption, fraud, or other illegal acts.
Article 12. Promoting Society Engagement In Anti-Corruption Efforts
1. To prevent and combat corruption, including bribery, each Party shall take appropriate measures, within its means and in accordance with the fundamental principles of its domestic law, to promote the active participation of individuals and groups outside the public sector, such as civil society, non-governmental organizations, community based organizations, enterprises including business organizations and industry associations, and especially MSMEs, workers, women, Indigenous Peoples, persons with disabilities, rural and remote populations, minorities, and local communities, in preventing and combating corruption, including bribery, and to raise public awareness regarding the existence, causes, and gravity of and the threat posed by corruption, including bribery.
2. Each Party intends to promote and advocate for the meaningful participation in the fight against corruption, including bribery, of individuals and groups outside the public sector, including media, by facilitating conditions for their effective contribution to achieving the objectives of the UNCAC, particularly their ability to operate independently and without fear of reprisal, in accordance with the Party's domestic law and applicable international obligations.
3. Each Party intends to respect, promote, and protect the freedom to seek, receive, publish, and disseminate information concerning corruption, including bribery, consistent with the UNCAC, including Article 13 (Participation of society) of the UNCAC.
4. Each Party intends to provide appropriate support and protections to media against harassment, intimidation, and violence resulting from their efforts to document, report on, and expose corruption, in accordance with its domestic law and applicable international obligations.
Article 13. Strengthening Anti-Corruption Review Processes
1. Each Party is committed to completing its UNCAC country reviews under the UNCAC Implementation Review Mechanism (UNCAC country reviews) in a timely manner.
2. Each Party is committed to transparency and inclusion in its UNCAC country reviews, which may include publishing its country review reports and including individuals and groups outside the public sector in the implementation review process.
3. Each Party is committed to sharing with the other Parties information on the provision of anti-corruption technical assistance and needs for such assistance, including those identified through its UNCAC country reviews, as appropriate and in accordance with its domestic law.
4. Each Party shall consider incorporating priority anti-corruption technical assistance needs identified in its UNCAC country review reports into its national anti-corruption strategies and accompanying implementation plans, as appropriate.
5. Each Party is committed to following up on its UNCAC country review reports and sharing updates on efforts made in response to the reports' recommendations with other Parties and stakeholders, as appropriate.
Article 14. Anti-Corruption, Transparency, and Labor Law Enforcement
1. Recognizing the importance of preventing and combating corruption, including bribery, in the context of labor law implementation and enforcement, each Party affirms its obligations as a member of the ILO, including to respect, promote, and realize the principles concerning the fundamental rights as stated in the ILO Declaration, and shall adopt or maintain measures, as appropriate, to ensure that labor rights are respected.
2. The Parties recognize that corruption, including bribery, increases the particular vulnerability of migrant workers with respect to labor protections. Accordingly, each Party shall:
(a) provide appropriate protections for migrant workers under its labor laws; and
(b) adopt or maintain measures toward significantly reducing or eliminating the charging of recruitment fees and related costs to migrant workers, and effectively enforce those measures.
3. To prevent corruption, including bribery, that undermines labor rights, each Party shall take appropriate measures to prohibit employers and, as applicable, employers' agents and employer associations, from: (10)
(a) interfering with, restraining, or coercing employees in their decision to join or not join a labor organization or in the exercise of their freedom of association or collective bargaining rights; and
(b) promising or making a payment of money, or any other thing of value, to a workers' organization, a labor organization, an official or representative of a workers' organization or labor organization, or a worker, with the intent to corruptly influence the exercise of freedom of association or collective bargaining rights. (11)
4. Each Party shall provide a person with a recognized interest under its domestic law in a particular matter appropriate access to tribunals for the enforcement of its labor laws. These tribunals may include administrative tribunals, quasi-judicial tribunals, judicial tribunals, or labor tribunals, as provided for in that Party's domestic law.
5. Each Party shall ensure that proceedings before these tribunals for the enforcement of its labor laws:
(a) are fair, equitable, and transparent;
(b) comply with due process of law; and
(c) do not entail unreasonable fees or time limits or unwarranted delay,
and that any hearing in these proceedings is open to the public, except where the administration of justice otherwise requires, and in accordance with its applicable domestic laws.
6. Each Party shall promote transparency and public awareness of its labor laws, including through publicly available and accessible information related to its labor laws and enforcement and compliance procedures.
7. Each Party shall ensure, in a manner it considers appropriate, that its system of government procurement takes steps to promote labor rights. Such steps may include prohibiting government procurement inconsistent with any of those rights.
8. The Parties shall, commensurate with the availability of resources, cooperate on capacity building issues relating to addressing corruption, including bribery, and enforcing labor laws, including establishing and enforcing public sector integrity measures.
Section C. Tax
Article 15. Scope
1. This Section applies to international tax matters that affect any Party, impact a fair economy, and relate to improving the commerce, trade, and investment climate in the Indo-Pacific region.
2. Any support expressed in this Section for any other agreement, initiative, or project shall not be construed as obligating a Party to take any action with respect to such agreement, initiative, or project. For the purposes of this Section, any agreement, initiative, or project only applies to a Party that is a party to or a participant in such agreement, initiative, or project.
3. Nothing in this Agreement shall affect the rights and obligations of a Party under any tax convention. In the event of any inconsistency between this Agreement and any such tax convention, that tax convention shall prevail to the extent of the inconsistency.
4. For the purposes of this Section, tax convention means a convention for the avoidance of double taxation or other bilateral or multilateral taxation agreement or arrangement, such as regarding the exchange of information for tax purposes.
Article 16. Transparency and Exchange of Information for Tax Purposes
1. The Parties recognize the importance of transparency and exchange of information between tax competent authorities for tax purposes based on internationally agreed standards, pursuant to applicable tax conventions that provide legal authority for the exchange of information for tax purposes (applicable tax conventions).
2. The Parties recognize, consistent with Section D, that increased capacity and expertise on the requirements regarding confidentiality of exchanged information will lead to greater participation in the exchange of information for tax purposes based on internationally agreed standards, more effective use of exchanged information, and increased cooperation between jurisdictions.
3. The Parties support the work of the OECD's Global Forum on Transparency and Exchange of Information for Tax Purposes to assist jurisdictions in implementing the exchange of information for tax purposes between tax competent authorities, such as the automatic exchange of financial account information, including assistance in meeting confidentiality and data safeguarding standards, pursuant to applicable tax conventions.
4. The Parties support the OECD Crypto-Asset Reporting Framework as an integral addition to the global standards for automatic exchange of information for tax purposes.
Article 17. Domestic Resource Mobilization
1. The Parties support global and regional efforts to improve domestic resource mobilization in developing countries through TACB.
2. The Parties support global and regional initiatives that assist jurisdictions in building tax administration capacity or developing sound tax policy, and the Parties call for such initiatives to increase their engagement in the Indo-Pacific region, including:
(a) the Asia Initiative and the Pacific Initiative, launched by the OECD's Global Forum on Transparency and Exchange of Information for Tax Purposes;
(b) the Asia Pacific Tax Hub, led by the Asian Development Bank;
(c) the OECD's Joint International Taskforce on Shared Intelligence and Collaboration;
(d) the OECD's Forum on Tax Administration;
(e) the Study Group on Asia-Pacific Tax Administration and Research; and
(f) Tax Inspectors Without Borders, a joint initiative of the OECD and the UN Development Programme.
3. The Parties recognize that capacity building, enhancement, and development benefit developing countries by increasing such countries' ability to administer tax laws, collect revenue, and improve voluntary taxpayer compliance, as well as reducing administrative burdens, costs, and disputes, all of which improve the investment climate and contribute to the transparency and efficiency of tax systems. The Parties recognize that these activities also benefit developed countries through reduced administration and dispute resolution costs and a healthier international business environment for domestic-based taxpayers.
Article 18. Capacity Building with Respect to OECD/G20 Inclusive Framework's Two- Pillar Solution
1. The Parties acknowledge the ongoing work of the OECD/G20 Inclusive Framework on Base Erosion and Profit Shifting regarding the Two-Pillar Solution to Address the Tax Challenges Arising from the Digitalisation of the Economy (OECD/G20 Two-Pillar Solution).
2. The Parties recognize the need for capacity building to ensure the development of well-trained and efficient tax administrations suited to the modern globalized economy and international tax architecture, and that the implementation of the OECD/G20 Two-Pillar Solution would highlight that need even further. Each Party, taking into account its existing capabilities, shall endeavor to support capacity building as set forth in Section D, as it relates to tax administration, by further developing its own capabilities, providing assistance for the further development of other Parties' capabilities, or both.
3. The Parties recognize that Article 16, which pertains to transparency and exchange of information for tax purposes, and Section D, as it relates to capacity building, are integral to not only implementing, but also successfully administering, the OECD/G20 Two-Pillar Solution.
4. The Parties anticipate that effective implementation and administration of the OECD/G20 Two-Pillar Solution would result in greater transparency and catalyze additional TACB.
Section D. Capacity Building, Technological Innovation, and Inclusion
Article 19. Scope and General Provisions
1. This Section applies to measures to implement this Agreement and to support capacity building, technological innovation, and stakeholder engagement.
2. The Parties recognize that accelerating progress towards effective implementation of international agreements and standards related to anti-corruption and tax requires sharing expertise and information, building institutional capacities, deploying innovative technologies, and promoting inclusion, including through stakeholder engagement.
Article 20. Sharing of Information and Best Practices Among the Parties
1. To support capacity building, technological innovation, and stakeholder engagement, the Parties may share information and best practices, as appropriate and to the extent permitted under relevant agreements and domestic law:
(a) among themselves as related to Section B; and
(b) among their tax authorities as related to Section C.
2. The Parties recognize the importance of cooperation, coordination, and exchange of information between their competent authorities to foster effective measures to prevent, detect, and deter corruption, including bribery. In particular, the Parties should consider opportunities for spontaneous transmission of information, without prior request, when appropriate and without prejudice to their respective domestic law or jeopardizing ongoing investigations, if a Party considers that such information could assist competent authorities in relevant jurisdictions in undertaking or successfully concluding inquiries and criminal proceedings relating to corruption, including bribery.
3. The Parties acknowledge the importance of international cooperation and coordination, including through the UNCAC Conference of the States Parties and its working groups and, as applicable, other multilateral and regional bodies, such as the OECD Working Group on Bribery in International Business Transactions (OECD Working Group on Bribery), the APEC Anti- Corruption and Transparency Experts' Working Group (ACTWG), the G20 Anti-Corruption Working Group, and the FATF.
4. The Parties intend to demonstrate concrete efforts and share information with each other, as appropriate, on actions towards criminalizing domestic and foreign bribery and enforcing relevant laws in accordance with their respective domestic law.
5. The Parties intend to, in accordance with their respective domestic laws, strengthen information-sharing among themselves concerning cross-border movements of illicitly acquired assets and individuals, including public officials, who are the subject of or otherwise involved in corruption investigations.
6. As described in Section C, the Parties support the exchange of information for tax purposes, subject to the limitations on use and restrictions on disclosure in applicable multilateral and bilateral agreements and arrangements and subject to their respective domestic law.
7. Each Party, noting the important role of sharing financial intelligence, is committed to rapidly, constructively, and effectively providing the widest range of international cooperation in relation to money laundering, associated predicate offenses, and countering the financing of terrorism. Each Party is committed to sharing such financial intelligence via the appropriate channels both spontaneously and on request, in each case pursuant to a lawful basis for cooperation.
Article 21. Capacity Building, Technology Deployment, and Cooperation
1. Recognizing the importance and necessity of TACB to facilitating the effective implementation of commitments under this Agreement, the Parties agree to work pursuant to the CBF, commensurate with the availability of resources, to enhance each other's capabilities to effectively implement all aspects of this Agreement. The CBF outlines the principles, modalities, identification of needs, and processes for the provision of TACB underpinning this Agreement.
2. Recognizing that the Parties can benefit by sharing their diverse experiences and best practices in developing, implementing, and enforcing their domestic anti-corruption laws and policies, the Parties intend to encourage their competent anti-corruption authorities and anti-corruption law enforcement agencies to consider technical cooperation activities, including training programs, as decided by the Parties.
3. The Parties recognize that they have established working relationships in many bilateral and multilateral fora and that cooperation under this Agreement can enhance the Parties' joint efforts in those fora, including among:
(a) their competent anti-corruption authorities and anti-corruption law enforcement agencies;
(b) their tax competent authorities; and
(c) their central and competent authorities for international legal cooperation.
4. The Parties shall endeavor to support building each other's capacity, including through the CBF, in particular, to effectively:
(a) investigate and prosecute complex, transnational corruption offenses, including those involving bribery, asset recovery, and money laundering; and
(b) cooperate on international tax matters.
5. To strengthen the exchange of information and expertise between and among themselves, the Parties shall, unless they decide otherwise:
(a) hold at least one anti-corruption-focused coordination meeting annually to discuss their implementation of anti-corruption commitments under this Agreement, including any challenges with that implementation and any TACB needs. Meetings may take place by video conference or other means decided by the Parties;
(b) hold annual coordination meetings to discuss their implementation of Article 14, including any challenges with that implementation and any TACB needs. Meetings may take place by video conference or other means decided by the Parties, and in coordination with other relevant meetings or include discussions at other meetings between the Parties, when appropriate. If a meeting under this subparagraph and a meeting of the IPEF Labor Rights Advisory Board pursuant to Article 8 of the Indo-Pacific Economic Framework for Prosperity Agreement Relating to Supply Chain Resilience, done at San Francisco, November 14, 2023, are to be held in person and during the same year, the meetings should, where possible, occur concurrently and in the same location; and
(c) consider opportunities to hold separate convenings of the Parties on the margins of the UNCAC Conference of the States Parties and its working groups, and as applicable, other working groups or meetings of which Parties may be a member or that Parties may attend, such as the APEC ACTWG and Anti-Corruption Authorities and Law Enforcement Agencies Network, OECD Working Group on Bribery, and Global Operational Network of Anti-Corruption Law Enforcement Authorities, to discuss anti-corruption issues related to this Agreement, such as best practices, case coordination, or other topics, including anti-money laundering, as appropriate.
6. To strengthen tax cooperation between and among themselves, the Parties shall, unless they decide otherwise, hold one tax-focused coordination meeting per year among relevant authorities to discuss their implementation of Section C, challenges with that implementation, and any TACB needs. Meetings shall take place by video conference unless the Parties decide to meet by other means.
7. The Parties shall endeavor to share best practices on the design, development, and application of technological innovations to advance the objectives of this Agreement, including to prevent, detect, and combat corruption, including bribery, including in government procurement, and facilitate transparent and efficient digital government.
8. With a view to strengthening each Party's capacity to combat corruption, including bribery, in the area of government procurement, the Parties shall endeavor to share expertise and best practices and to support each other's capacity building, particularly with respect to training of relevant government procurement officials. Such training may include suspension and debarment, integrity, sustainable environmental, social, and governance practices, and mitigating risks to the public from using technological innovations.
9. The Parties are committed to sharing expertise and best practices and promoting policies that advance gender equality and women's empowerment in anti-corruption programs and initiatives.
10. Each Party shall endeavor to identify, advance, and share relevant information about domestic measures or programs to support the implementation of this Agreement.
Article 22. Stakeholder Engagement on this Agreement
1. Each Party intends to share information with stakeholders, such as individuals and groups outside the public sector, non-governmental organizations, enterprises including business organizations and industry associations, academia, and workers' organizations, on the provisions in this Agreement, which may include holding meetings or roundtables, providing guidance on how stakeholders can support the implementation of this Agreement, and publishing on a website relevant information about its implementation of this Agreement, as appropriate.
2. The Parties intend to facilitate stakeholder input on the implementation of this Agreement and dialogue with the private sector to deepen coordination on supporting the objectives of this Agreement.
3. The Parties recognize and welcome that non-government stakeholders, workers' organizations, and the private sector in particular, may contribute to capacity building efforts among the Parties, as appropriate.
Article 23. Implementation, Accountability, and Monitoring
1. Each Party shall inform the other Parties, at regular intervals to be established by the Parties, of its efforts to implement Sections B and C.
2. The Parties intend to monitor their implementation of this Agreement through a system of mutual information exchange to be decided by the Parties, including to inform the Parties' TACB needs for the CBF.
Section E. General and Final Provisions
Article 24. Consultations
1. If at any time a Party has concerns with another Party's implementation of a provision of this Agreement, the concerned Party may request consultations through a written notification to the other Party, and shall set out the reasons for the request, and the other Party shall respond promptly in writing.
2. The concerned Party shall immediately notify the other Parties of the request.
3. If the concerned Party's request and the other Party's response do not resolve the concerns that are the subject of the request, consultations shall commence on a mutually decided date no later than 60 days after the date of receipt of the response.
4. The consulting Parties shall attempt to arrive at a mutually satisfactory resolution as soon as practicable, and shall notify the Parties that did not participate in the consultations (non-consulting Parties) of any mutually satisfactory resolution. The content of such notification shall be mutually decided by the consulting Parties.
5. Consultations shall be deemed to be concluded no later than 120 days after the date of the concerned Party's receipt of the response, unless the consulting Parties decide otherwise. If the consultations conclude without the consulting Parties reaching a mutually satisfactory resolution, a consulting Party, or the consulting Parties by agreement, may, no later than 60 days after the conclusion of the consultations, request in writing the establishment of an ad hoc Committee composed of the non-consulting Parties. The Party or Parties requesting the establishment of an ad hoc Committee shall immediately provide copies of the written request for consultations and any response referred to in paragraph 1 to the non-consulting Parties.
6. If a request referred to in paragraph 5 is made, each non-consulting Party that decides to participate in the ad hoc Committee shall designate a government official to serve on the ad hoc Committee no later than 30 days after the date of the request. Each non-consulting Party that decides to participate in the ad hoc Committee shall notify the other Parties of its designee and the means to transmit communications to its designee. The ad hoc Committee shall be deemed to be established 45 days after the date of the request made under paragraph 5.
7. The ad hoc Committee shall consider the matter at issue, having regard to any written notification and response referred to in paragraph 1 and any views, including any written submissions, of the consulting Parties, and:
(a) provide a summary of the matter including the facts and the consulting Parties' views; and
(b) encourage the consulting Parties to continue to pursue efforts toward resolution of the matter.
8. The ad hoc Committee may, if requested by the consulting Parties, offer advice and propose solutions for consideration by the consulting Parties. The consulting Parties may accept or reject a proposed solution or mutually decide on a different solution.
9. The consulting Parties shall promptly inform the ad hoc Committee of any mutually satisfactory resolution that they reach.