2. The parties designate as information centres, institutions contained in the annex to this article.
3. Where a Party designates more of an information centre:
a) It shall inform the other Party on the scope of responsibility of each such centres; and
b) Ensure that any request sent the wrong information centre shall convey expeditiously to correct information centre.
Where an information centre requests copies of the documents referred to in paragraph 1 shall be provided free of charge. Interested persons, they are supplied at the same price to its nationals, the actual cost of shipment.
Article 13.11. Committee on Technical Barriers to Trade
The Parties shall establish the Committee on Technical Barriers to Trade (hereinafter referred to as the Committee), comprising an equal number of representatives of each country in this Treaty, which shall begin its functions upon the entry into force of the Agreement and shall take its decisions by consensus.
The functions of the Committee are defined in the annex to this article.
Article 13.12. Settlement of Disputes
1. The differences between the parties with regard to the provisions of this chapter, they shall have recourse to the Committee on Technical Barriers to Trade.
2. In the event that the recommendation issued by the Technical Committee fails to resolve the dispute, the parties may have recourse to the dispute settlement mechanism established in this Treaty.
Article 13.13. Management of Hazardous Substances and Wastes
For the control and management of chemicals and hazardous wastes the Parties shall apply the provisions, guides or recommendations of the United Nations Charter, the Basel Convention and the international agreements to which the parties are party and the existing legislation of the Parties.
Each Party shall, in accordance with its laws, the introduction, acceptance, storage, transport and transit through its territory of hazardous waste, radioactive and other internal or external, by their nature, constitute a danger to the health and safety of persons or to the environment.
Article 13.14. Environmental Protection
For the care and protection of the environment, each Party shall apply the provisions, guides or recommendations of the United Nations Organisation and the relevant international agreements to which the parties are party, in addition to its legislation.
Article 13.15. Registration Procedures
Goods subject to registration in the territory of one of the Parties, shall be registered, recognized or evaluated by the competent authority of that Party, based on a system of mandatory. Such records shall be effected as expeditiously as possible.
Article 13.16. Technical Cooperation
Each Party shall promote technical cooperation of its standardization and metrology bodies providing information or technical assistance as possible and on mutually agreed terms, in order to assist in the implementation of this chapter and strengthen activities, processes, systems and standardization and metrology measures of the Parties.
The Parties shall undertake joint efforts to manage technical cooperation from third countries.
Chapter XIV. Intellectual Property
Article 14.01. Implementation
The Parties confirm their rights and obligations existing between them in accordance with the agreement on Intellectual Property Rights (TRIPS), established in Annex 1C to the WTO Agreement.
Article 14.02. Committee on Intellectual Property
The Committee on Intellectual Property that depend on the Council and shall be composed of representatives of each party. The Committee will lead to seek the most appropriate measures to implement the provisions of paragraph 1, as well as any other tasks assigned to it by the Council.
Chapter XV. Competition Policy
Article 15.01. Implementation
The Parties shall ensure that the benefits of this treaty are not undermined by anticompetitive business practices. Similarly, endeavour to move towards the adoption of common provisions to prevent such practices.
Furthermore, the Parties shall endeavour to establish mechanisms to facilitate and promote the development of competition policy and ensure the implementation of rules on competition between and within the parties to avoid negative effects of anti-competitive business conduct in the Free Trade Area.
Article 15.02. Committee on Trade and Competition
It is established a Committee on Trade and Competition, consisting of two members from each of the Parties. The Committee will lead to seek the most appropriate measures to implement the provisions of paragraphs 1 and 2, as well as any other tasks assigned to it by the Council.
Chapter XVI. Settlement of Disputes
Article 16.01. Definitions
For the purposes of this chapter:
Disputing parties : the claimant and the respondent;
Complaining party means the Party or Parties making the claim, taking into consideration that:
In any case, Dominican Republic may make a claim in conjunction with any other party;
The Parties shall, individually or jointly, shall only use this procedure relating to the settlement of disputes contained in this chapter to make claims against the Dominican Republic;
Defendant: the party or parties against which a claim is made under the definition of the complaining party;
The consulting party means any party to conduct consultations under Article 16.06;
Mandate: record of mission with which shall comply with the arbitral tribunal in accordance with paragraph 3 of Article 16.12;
Understanding: Understanding on Rules and Procedures Governing the Settlement of disputes in the World Trade Organization.
Article 16.02. Cooperation
The Parties shall endeavour to agree on the interpretation and application of this Treaty through cooperation and consultations and shall endeavour to reach a mutually satisfactory resolution of any matter that might affect its operation.
Article 16.03. Scope
Except as otherwise provided in this Treaty, the procedure of this chapter shall apply:
To the avoidance or settlement of disputes between all the parties concerning the interpretation or application of this treaty; or
Where a Party considers that an existing or proposed measure of another party is inconsistent with the obligations of this Treaty or even though not contrary to the Treaty as to nullify or impair the benefits that could reasonably have expected to receive from the implementation of this Treaty.
Article 16.04. Dispute Settlement Understanding
Disputes that may arise in relation to the provisions of this Treaty and under the WTO agreement or agreements negotiated in accordance with the latter may be settled in either forum at the discretion of the complaining party.
Once it has requested the establishment of an arbitral tribunal under the provisions of this chapter or one in accordance with the understanding, the Forum selected shall be exclusive of any other.
For the purposes of this article shall be instituted a dispute settlement procedure in accordance with the understanding when a Party requests:
The integration of a Panel under Article 6 of the Understanding; or
The investigation by a committee, in accordance with the agreements negotiated under the WTO Agreement.
Article 16.05. Perishable Goods
In disputes concerning perishable goods, the parties, the Council or the arbitral tribunal to accelerate the maximum time limits established in this chapter.
Article 16.06. Consultations
Any Party may request in writing to the other party or parties consultations with respect to any measure adopted or planned, or any other matter it considers that might affect the operation of this treaty in terms of article 16.03.
The requesting party shall deliver the request to the Council and to the other parties. The parties are entitled to:
Provide information to examine the manner in which the measure adopted or proposed might affect the operation of this Treaty;
Treat any confidential information exchanged in the course of consultations in the same manner as the party providing the provided; and
They shall avoid any resolution that adversely affects the interests of any other party pursuant to this Treaty.
Article 16.07. Council Intervention, Good Offices, Mediation and Conciliation
Any consulting Party may request in writing through its national section of the Secretariat which shall meet the Council provided that an issue is not resolved in accordance with article previous within thirty (30) days after the delivery of the request for consultations. The request shall be communicated to all parties.
A Party may also request in writing that the Council meets the technical consultations have been held pursuant to article 6.04 and 13.12 .
The requesting party shall request the measure or other matter complained of and indicate the provisions of this Agreement that it considers applicable.
The Council shall meet within ten (10) days following the submission of the request and with the aim of reaching a mutually satisfactory solution to the dispute, shall:
Convene technical advisers or create such working groups or expert as it deems necessary;
Recourse to conciliation, mediation or such other dispute resolution procedures; or
Make recommendations.
On its own initiative or at the request of a party, the Council may accumulate the dispute settlement procedures set out in this article, where two or more claims to hear matters relating to the same or different measure appropriate joint matters whose consideration.
Article 16.08. Application of Integration of the Arbitral Tribunal
Any consulting Party may request in writing the establishment of an arbitral tribunal if the Council has met in accordance with paragraph 4 of Article 4.07 and the matter has not been resolved within:
Thirty (30) days after the meeting, or
Thirty (30) days from the date on which the Council has met most recently accumulated and the matter referred to it pursuant to article 4.07.
The requesting party shall deliver the request to the Council through its national section of the Secretariat and the other parties. The Council, where appropriate, invite the other parties entitled to participate in the arbitration, which shall be a period of ten (10) days to respond.
Such time and with the parties that have accepted the invitation,
Council shall constitute a single arbitral tribunal.
The parties have not agreed to participate in the arbitration under the preceding paragraph shall not lose its right to request the establishment of an arbitral tribunal different as set forth in this chapter, if the scope, nature or cause the dispute is not the same at the discretion of the Party concerned.
5. Unless otherwise agreed between the parties to the conflict, the arbitral tribunal shall be established and perform its functions in accordance with the provisions of this chapter.
Article 16.09. List of Arbitrators
The Parties shall constitute a list of thirty (30) persons who have the necessary skills and the provision to be arbitrators.
Roster members shall be appointed by agreement of the Parties for terms of three (3) years and may be re-elected for a period equal.
This list shall comprise three (3) National experts of each party and twelve (12) are not nationals of the Parties.
The members of the panel shall meet the qualifications set out in paragraph 1;
Following article.
Article 16.10. Qualities of Arbitrators
All the arbitrators shall meet the following qualifications:
Shall have expertise or experience in law and international trade, and other matters related to this Treaty or in the settlement of disputes arising under international trade agreements;
They shall be elected strictly according to their integrity, objectivity and reliability;
They shall be independent, not linked with the parties and not receive instructions from the same; and
Shall comply with the code of conduct to be established by the Council.
Persons that have participated in a dispute under the terms of paragraph 4 of Article 4.07, may not be arbitrators for the same dispute.
Article 16.11. Constitution of the Arbitral Tribunal
For the establishment of the arbitral tribunal shall apply the following procedures:
The arbitral tribunal shall be composed of three (3) members;
The Parties involved shall endeavour to agree on the designation of the Chairman of the arbitral tribunal within fifteen (15) days following the submission of the request for the integration of the same. If the parties fail to reach agreement within this period, one appointed by lot shall, within five (5) days. To that end, where two or more Parties decide to act jointly, one of them elected, by lot shall represent the other. any person appointed as Chairman of the arbitral tribunal shall not be a national of any of the Parties;
Within five (5) days following the choice of the Chairman, each Party shall select one lot by litigants (1) arbitrator who is a national of the other party combatant;
If a Party fails to select its arbitrator litigants within that period, the latter shall be appointed by lot from among the roster members who are citizens of the other party litigants.
The arbitrators shall preferably be selected from the roster within five (5) days from the date on which the opposing side, any proposal may challenge, without giving due to any person not included in the list referred to it by a party litigants as an arbitrator.
Where a Party considers that an arbitrator litigants is in violation of the Code of Conduct, opposing parties shall be consulted and if they agree, they will destitute that arbitrator and will select a new one pursuant to the provisions of this article.
Article 16.12. Rules of Procedure
The Commission shall establish model rules of procedure, in accordance with the following principles:
The procedures shall ensure the right to a hearing before the Tribunal
The arbitral tribunal, as well as the opportunity to submit arguments and written responses; and
The hearings before the arbitral tribunal, deliberations and the preliminary ruling, as well as all submissions and communications presented in the same, shall be of a confidential nature.
Unless otherwise agreed between the parties - the proceedings before the arbitral tribunal is governed by the Model Rules of Procedure.
The mission of the arbitral tribunal, contained in the terms of reference shall be:
"review in the light of the provisions of this Treaty, the dispute referred to it in the request for the meeting of the Council and issue resolution preliminary and final resolution".
If the complaining party claims that a matter has been a cause of nullification or impairment of benefits in the sense of paragraph (b) of paragraph 2 of article 16.03, record of the Mission shall indicate.
Where a Party combatant request that the arbitral tribunal to make findings as to the degree of adverse trade effects caused to a party to the extent that it is inconsistent with this Agreement or to have caused nullification or impairment in the sense of paragraph (b) of paragraph 2 of article 16.03, record of the Mission shall indicate.
Article 16.13. Information and Technical Advice
At the request of a party or on its own initiative litigants, the arbitral tribunal may seek information and technical advice from persons or institutions as it deems appropriate.
Article 16.14. Draft Resolution
The arbitral tribunal shall give a preliminary ruling based on the submissions and arguments presented by the parties and on any information received in accordance with this article.
Unless the Parties decide otherwise, the arbitral tribunal shall present to the parties, within ninety (90) days of the appointment of the last arbitrator, a preliminary ruling that shall contain:
The findings of fact, including any resulting from a request under paragraph 5 of Article 16.12;
The determination as to whether the measure at issue is or would be inconsistent with the obligations of this Agreement or cause nullification or impairment in the sense of paragraph (b) of paragraph 2 of article 16.03, or any other determination requested in the terms of reference; and
The draft decision.
The arbitrators shall explain its vote in writing on matters in respect of which there is unanimous decision.
Warring parties may submit written comments to the Tribunal concerning the preliminary ruling within thirty (30) days following the submission of the same.
In this case, and considering such written comments after the arbitral tribunal may on its own initiative or at the request of any party combatant:
Any proceeding that it considers appropriate; and
Reconsider the preliminary ruling.
Article 16.15. Final Resolution
The arbitral tribunal shall simultaneously to the Council and the parties to conflict resolution to the final agreed by majority and, where appropriate, the reasoned opinions in writing on matters in respect of which there has been unanimous decision within forty five (45) days of the presentation of the preliminary ruling.
Neither the resolution preliminary or final resolution shall disclose the identity of the arbitrators who have voted with the majority or minority.
The final decision shall be published within fifteen (15) days of its notification to the Council and to the parties to the conflict.
Article 16.16. Implementation of the Final Resolution
The final decision shall be binding on the parties to the conflict in the terms and within the time that it provides.
When the final resolution of the arbitral tribunal shall declare that the measure is inconsistent with this Treaty, the respondent Party shall refrain from executing the measure or repealed.
When the final resolution of the arbitral tribunal shall declare that the measure is a cause of nullification or impairment in the sense of paragraph (b) of paragraph 2 of article 1603 shall determine the level of nullification or impairment and may suggest that the adjustments it considers mutually satisfactory for the parties involved.
Article 16.17. Suspension of Benefits
The complaining party may suspend the application of benefits arising from this Agreement that have an effect equivalent to the benefits, if not the arbitral tribunal decides:
A measure that is inconsistent with the obligations of this Treaty and the responding party does not comply with the final decision within the period set by the court; or
A measure that is a cause of nullification or impairment in the sense of paragraph (b) of paragraph 2 of article 16.03, and the respondent fails to reach a mutually satisfactory agreement on the dispute with the complaining party within the timeframe determined by the arbitral tribunal.
The suspension of benefits shall last until the defendant complies with the final decision or until it and the complaining party to reach a mutually satisfactory agreement on the dispute, as the case may be. However, if the defendant is composed of two or more Parties under the definition of a respondent Party, and any of them or comply with the final decision, or to reach a mutually satisfactory agreement with the complaining party, it shall levantarle or lifted the suspension of benefits.
In considering the benefits to be suspended in accordance with this article:
The complaining party should first seek to suspend benefits in the same as that sector or sectors affected by the measure or other matter that the arbitral tribunal has found to be inconsistent with the obligations of this Agreement or that has been a cause of nullification or impairment in the sense of paragraph (b) of paragraph 2 of article 16.03; and
If the complaining party considers that it is not practicable or effective to suspend benefits in the same sector or sectors may suspend benefits in other sectors.
Upon written request of any opposing side, notified to its national section of the Secretariat and the other parties, the Council will, within a period of twenty five days (25), an arbitral tribunal is manifestly excessive to determine whether the level of benefits that the complaining party has suspended in accordance with this article.
The proceedings before the arbitral tribunal established for the purposes of the preceding paragraph shall be settled in accordance with the model rules of procedure. the arbitral tribunal shall present its final decision within sixty (60) days of the appointment of the last arbitrator, or at any time agreed by the parties involved.
Article 16.18. Judicial and Administrative Authorities
The Council will soon achieve an adequate response non-binding interpretation or, when:
A Party considers that a matter of interpretation or application of this Treaty, arisen or which may arise in a judicial or administrative proceeding of another party warrants the interpretation of the Council; or
A Party receives a request for an opinion on a question of interpretation or application of this treaty by a court or administrative body of that Party.
The Party in whose territory the court or administrative body, shall submit to the Council's response, in accordance with the procedures of that forum.
When the Council fails to agree on a response, any Party may submit its own views to the court or administrative body in accordance with the procedures of that forum.