1. Upon the notification by the respondent Party to the complaining Party of the measure taken to comply with the final report:
(a) in a situation where the right to suspend benefits or other obligations has been exercised by the complaining Party in accordance with Article 16.23, the complaining Party shall tenninate the suspension of benefits or other obligations no later than 30 days after the date of receipt of the notification, with the exception of the cases referred to in paragraph 2; or
(b) in a situation where necessary compensation has been agreed, the respondent Party may tenninate the application of such compensation no later than 30 days after the date of receipt of the notification, with the exception of the cases referred to in paragraph 2.
2. If the Parties do not reach an agreement on whether the measure notified in accordance with paragraph 1 is consistent with the relevant covered provisions within 30 days after the date of receipt of the notification, the complaining Party shall request in writing the original panel to examine the matter. That request shall be notified simultaneously to the respondent Party. The decision of the panel shall be notified to the Parties no later than 45 days after the date of submission of the request. If the panel decides that the measUie notified in accordance with paragraph 1 is consistent with the relevant covered provisions, the suspension of benefits or other obligations, or the application of the compensation, shall be terminated no later than 15 days after the date of the decision. If the panel determines that the notified measUie achieves only partial compliance with the covered provisions, the level of suspension of benefits or other obligations, or of the compensation, shall be adapted in light of the decision of the panel.
Article 16.27. Suspension and Termination of Proceedings
If both Parties so request, the panel shall suspend for a period agreed by the Parties and not exceeding 12 consecutive months. In the event of a suspension of the work of the panel, the relevant time periods under this Section shall be extended by the same period of time for which the work of the panel was suspended. The panel shall resume its work before the end of the suspension period at the written request of both Parties. If the work of the panel has been suspended for more than 12 consecutive months, the authority of the panel shall lapse and the dispute settlement procedure shall be terminated.
Article 16.28. Costs
1. Unless the Parties otherwise agree, the costs of the panel and other expenses associated with the conduct of its proceedings shall be borne in equal parts by both the Parties. 2. Each Party shall bear its own expenses and legal costs m the panel proceedings.
Article 16.29. Mutually Agreed Solution
1. The Parties may reach a mutuaJly agreed solution at any time with respect to any dispute referred to in Article 16.3.
2. If a mutually agreed solution is reached during the panel procedure, the Parties shall jointly notify that solution to the chairperson of the panel. Upon such notification, the panel shall be terminated.
3. Each Party shall take measures necessary to implement the mutually agreed solution within the agreed time period.
4. No later than at the expiry of the agreed time period, the implementing Party shall inform the other Party, in writing, of any measure that it has taken to implement the mutually agreed solution.
Article 16.30. Time Periods
1. All time periods laid down in this Chapter shall be counted in calendar days from the day following the act to which they refer.
2. Any time period referred to in this Chapter may be modified by mutual agreement of the Parties.
Article 16.31. Annexes
The Joint Committee may modify the Annexes 16A (Rules of Procedure) and 16B (Code of Conduct for Panelists).
ANNEX 16A. RULES OF PROCEDURE FOR THE PANEL
Timetable
1. After consulting the Parties, the panel shaU, whenever possible within 7 days of the appointment of the final panelist, fix the timetable for the panel process. The indicative timetable attached to chapter should be used as a guide.
2. The panel process shall, as a general rule, not exceed 120 days from the date of establishment of the panel until the date of the final report, unless the Parties otherwise agree.
3. Should the panel consider there is a need to modify the timetable, it shall inform the Parties in writing of the proposed modification and the reason for it.
Written Submissions and other Documents
4. Unless the Panel otherwise decides, the complaining Party shall deliver its first written submission to the panel no later than 20 days after the date of appointment of the final panelist. The Party complained against shall deliver its first written submission to the panel no later than 20 days after the date of delivery of the complaining Party's first written submission. Copies shall be provided for each panelist.
5. Each Party shall also provide a copy of its first written submission to the other Party at the same time as it is delivered to the panel.
6. Within 10 days of the conclusion of the hearing, each Party may deliver to the panel and the other Party a supplementary written submission responding to any matter that arose during the hearing.
7. The Parties shall transmit all information or written submissions, written versions of oral statements and responses to questions put by the Panel to the other Party to the dispute at the same time as it is submitted to the Panel.
8. All written documents provided to the panel or by one Party to the other Party shall also be provided in electronic form.
9. Minor errors of a clerical nature in any request, notice, written submission or other document related to the panel proceeding may be corrected by delivery of a new document clearly indicating the changes.
Operation of the Panel
10. The Chair of the panel shall preside at all of its meetings. The panel may delegate to the Chair the authority to make administrative and procedural decisions.
11. Panel deliberations shall be confidential. Only panelists may take part in the deliberations of the panel. The reports of panels shall be drafted without the presence of the Parties in the light of the information provided and the statements made.
12. Opinions expressed in the panel report by individual panelists shall be anonymous.
Hearings
13. The Parties shall be given the opportunity to attend hearings and meetings of the Panel.
14. The timetable established in accordance with Rule 1 shall provide for at least one hearing for the Parties to present their cases to the panel.
15. The panel may convene additional hearings if the Parties so agree.
16. All panelists shall be present at hearings. Panel hearings shall be held in closed session with only the panelists and the Parties in attendance. However, in consultation with the Parties, assistants, translators or designated note takers may also be present at hearings to assist the panel in its work. Any such arrangements established by the panel may be modified with the agreement of the Parties.
17. The hearing shall be conducted by the panel in a manner ensuring that the complaining Party and the respondent Party are afforded equal time to present their case. The panel shall conduct the hearing in the following manner: argument of the complaining Party; argument of the respondent Party; the reply of the complaining Party; the counter-reply of the respondent; closing statement of the complaining Party; and closing statement of the respondent Party. The Chair may set time limits for oral arguments to ensure that each Party is afforded equal time.
Questions
18. The panel may direct questions to either Party at any time during the proceedings. The Parties shall respond promptly and fully to any request by the panel for such information as the panel considers necessary and appropriate.
19. Where the question is in writing, each Party shall also provide a copy of its response to such questions to the other Party at the same time as it is delivered to the panel. Each Party shall be given the opportunity to provide written comments on the response of the other Party.
Confidentiality
20. The panel's hearings and the documents submitted to it shall be confidential. Each Party shall treat as confidential information submitted to the panel by the other Party which that Party has designated as confidential.
21. Where a Party designates as confidential its written submissions to the panel, it shall, on request of the other Party, provide the panel and the other Party with a non-confidential summary of the information contained in its written submissions that could be disclosed to the public no later than 10 days after the date of request. Nothing in these Rules shall prevent a Party from disclosing statements of its own positions to the public.
Working language
22. The working language of the panel proceedings, including for written submissions, oral arguments or presentations, the report of the panel and all written and oral communications between the Parties and with the panel, shall be English.
Venue
23. The venue for the hearings of the Panel shall be decided by agreement between the Parties. If there is no agreement, the first bearing shall be held in the territory of the respondent Party complained against, and any additional hearings shall alternate between the territories of the Parties.
Expenses
24. The panel shall keep a record and render a final account of all general expenses incurred in connection with the proceedings, including those paid to its assistants, designated note takers or other individuals that it retains. Indicative Timetable for the Panel
25. Panel established on xx/xx/xxxx.
26. Receipt of first written submissions of the Parties:
(a) complaining Party: 20 days after the date of appointment of the final panelist;
(b) respondent Party: 20 days after (a);
27. Date of the first hearing with the Parties: 20 days after receipt of the first submission of the respondent Party against;
28. Receipt of written supplementary submissions of the Parties: 10 days after the date of the first hearing;
29. Issuance of initial report to the Parties: 90 days of the date of composition of the panel.;
30. Deadline for the Parties to provide written comments on the initial report: 15 days after the issuance of the initial report; and
31. Issuance of final report to the Parties: within 120 days of the date of composition of the panel.
ANNEX 16B. CODE OF CONDUCT FOR PANELISTS
Definitions
1. For the purposes of this Annex:
(a) assistant means a person who, under the terms of appointment of a panelist, conducts research or provides support for the panelist;
(b) panelist means a member of a panel established under Article 8;
(c) proceeding, unless otherwise specified, means the proceeding of a panel under this Chapter; and
(d) staff, in respect of a panelist, means persons under the direction and control of the panelist, other than assistants.
Responsibilities to the Process
2. Every panelist shall avoid impropriety and the appearance of impropriety, shall be independent and impartial, shall avoid direct and indirect conflicts of interests and shall observe high standards of conduct so that the integrity and impartiality of the dispute settlement process are preserved. Former panelists shall comply with the obligations established in paragraphs 17 through 20.
Disclosure Obligations
3. Prior to confirmation of his or her selection as a panelist under this Agreement, a candidate shall disclose any interest, relationship or matter that is likely to affect bis or her independence or impartiality or that might reasonably create an appearance of impropriety or bias in the proceeding. To this end, a candidate shall make all reasonable efforts to become aware of any such interests, relationships and matters.
4. Once selected, a panelist shall continue to make all reasonable efforts to become aware of any interests, relationships and matters referred to in paragraph 3 and shall disclose them by communicating them in writing to the Joint Committee for consideration by the Parties. The obligation to disclose is a continuing duty, which requires a panelist to disclose any such interests, relationships and matters that may arise during any stage of the proceeding. Performance of Duties by Panelists
5. A panelist shall comply with the provisions of this Chapter and the applicable rules of procedure.
6. On selection, a panelist shall perform his or her duties thoroughly and expeditiously throughout the course of the proceeding with fairness and diligence.
7. A panelist shall not deny other panelists the opportunity to participate in all aspects of the proceeding.
8. A panelist shall consider only those issues raised in the proceeding and necessary to rendering a decision and shall not delegate the duty to decide to any other person.
9. A panelist shall take all appropriate steps to ensure that the panelist's assistant and staff are aware of, and comply with, paragraphs 2 through 4 and 19 through 21.
10. A panelist shall not engage in ex parte contacts concerning the proceeding.
11. A panelist shall not communicate matters concerning actual or potential violations of this Annex by another panelist unless the communication is to both Parties or is necessary to ascertain whether that panelist has violated or may violate this Annex. Independence and Impartiality of Panelists
12. A panelist shall be independent and impartial. A panelist shall act in a fair manner and shall avoid creating an appearance of impropriety or bias.
13. A panelist shall not be influenced by self-interest, outside pressure, political considerations, public clamour, loyalty to a Party or fear of criticism.
14. A panelist shall not, directly or indirectly, incur any obligation or accept any benefit that would in any way interfere, or appear to interfere, with the proper performance of the panelist's duties.
15. A panelist shall not use his or her position on the panel to advance any personal or private interests. A panelist shall avoid actions that may create the impression that others are in a special position to influence the panelist. A panelist shall make every effort to prevent or discourage others from representing themselves as being in such a position.
16. A panelist shall not allow past or existing financial, business, professional, family or social relationships or responsibilities to influence the panelist's conduct or judgment.
17. A panelist shall avoid entering into any relationship, or acquiring any financial interest, that is likely to affect the panelist's impartiality or that might reasonably create an appearance of impropriety or bias. Duties in Certain Situations 18. A panelist or former panelist shall avoid actions that may create the appearance that the panelist was biased in carrying out the panelist's duties or would benefit from the decision or report of the panel. Maintenance of Confidentiality
19. A panelist or former panelist shall not at any time disclose or use any non-public information concerning the proceeding or acquired during the proceeding except for the purposes of the proceeding and shall not, in any case, disclose or use any such information to gain personal advantage, or advantage for others, or to affect adversely the interest of others.
20. A panelist shall not disclose a panel report, or parts thereof, prior to its publication.
21. A panelist or former panelist shall not at any time disclose the deliberations of a panel, or any panelist's view, except as required by legal or constitutional requirements.
Chapter 17. FINAL PROVISIONS
Article 17.1. Annexes, Side Letters, and Footnotes
The Annexes, Side letters, and footnotes to this Agreement constitute an integral part of this Agreement.
Article 17.2. Review
This Agreement shall be reviewed every five years from the date of its entry into force.
Article 17.3. Amendments
1. Either Party may submit proposals for amendments to this Agreement to the Joint Committee for consideration and recommendation.
2. Amendments to this Agreement shall, after consideration and recommendation by the Joint Committee, be submitted to the Parties for ratification, acceptance, or approval in accordance with the constitutional requirements or legal procedures of the respective Party.
3. Amendments to this Agreement shall enter into force in the same manner as provided for in Article 17.6, unless otherwise agreed by the Parties.
Article 17.4. Accession
1. This Agreement shall be open for accession by any country or group of countries including a contracting Party to the treaty for the establishment of the East African Community after the date of entry into force of this Agreement. An applicant may accede to this Agreement subject to such terms and conditions as may be agreed between the applicant and the Parties.
2. An applicant may seek to accede to this Agreement by submitting a request in writing through the Joint Committee.
3. Following the approval of the Joint Committee the applicant may deposit the instrument of accession.
4. This Agreement shall enter into force in relation to the acceding Party on the date its instrument of accession is deposited or on such other date as maybe agreed by all of the Parties.
5. In addition to this Article, the accession process shall be carried out in accordance with the procedure for accession to be adopted by the Joint Committee.
6. Where certain amendments to this Agreement may be required as a result of accession, the Parties will jointly identify and agree to such amendments.
Article 17.5. Duration and Termination
1. This Agreement shall be valid for an indefinite period unless terminated by either Party in accordance with the terms herein.
2. Either Party may terminate this Agreement by written notification to the other Party, and such termination shall take effect six months after the date of the notification.
Article 17.6. Entry Into Force
1. The Parties shall ratify this Agreement in accordance with their internal legal procedures.
2. When a Party has ratified this Agreement in accordance with its internal legal procedures, that Party shall notify the other Party of such ratification, approval or acceptance in writing, through diplomatic channels, within a period of 60 days from such ratification.
3. Unless the Parties agree otherwise, where both Parties have notified each other of such ratification, approval or acceptance, this Agreement shall enter into force on the first day of the second month following the date of receipt of the last written notification.
Article 17.7. Authentic Texts
This Agreement is done in duplicate in Arabic, and English languages. All texts shall be equally authentic. In case of any divergence, the English text shall prevail.
Conclusion
lN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement.
DONE at Abu Dhabi, United Arab Emirates on the 14th day of January, 2025.
For the Government of the Republic of Kenya
H.E. Dr. Musalia Mudavadi, EGH
Prime Cabinet Secretary and Cabinet Secretary Ministry of Foreign and Diaspora Affairs
For the Government of the United Arab Emirates
H.E. Dr. Thani bin Ahmed Al Zeyoudi
Minister of State for Foreign Trade