(b) opportunities for its public to provide, on an on-going basis, views, recommendations, or advice on matters related to the provisions of this Chapter. Such views, recommendations, or advice shall be made available to the other Party and the public.
2. Each Party may convene, or consult with an existing, national advisory committee, composed of representatives of its environmental and business organizations and other members of its public, to advise it on the implementation of this Chapter, as appropriate.
3. Each Party shall make best efforts to respond favorably to requests for consultations by persons or organizations of its territory regarding that Party's implementation of this Chapter.
Article 18.6. ENVIRONMENTAL COOPERATION
1. The Parties recognize the importance of strengthening capacity to protect the environment and to promote sustainable development in concert with the strengthening of trade and investment relations between them. The Parties shall, as appropriate, pursue cooperative environmental activities, including those pertinent to trade and investment and to strengthening environmental performance, such as information reporting, enforcement capacity, and environmental management systems, under a Memorandum of Intent on Cooperation in Environmental Matters to be entered into between the Government of Singapore and the United States and in other fora. The Parties also recognize the ongoing importance of environmental cooperation that may be undertaken outside this Agreement.
2. The Parties shall take into account public comment and recommendations regarding cooperative environmental activities undertaken pursuant to this Chapter. Each Party shall also seek opportunities for its citizens to participate in the development and implementation of cooperative environmental activities, such as through the use of public-private partnerships.
3. In addition to the environmental cooperation activities outlined in Paragraph 1 of this Article, the Parties shall, as they deem appropriate, share information on their experiences in assessing and taking into account positive or negative environmental effects of trade agreements and policies.
Article 18.7. ENVIRONMENTAL CONSULTATIONS
1. A Party may request consultations with the other Party regarding any matter arising under this Chapter. Unless the Parties otherwise agree, consultations shall commence within 30 days of a Party's delivery of a request for consultations to the contact point designated by the other Party for this purpose.
2. The Parties shall make every attempt to arrive at a mutually satisfactory resolution of the matter and may seek advice or assistance from any person or body they deem appropriate.
3. If the consultations fail to resolve the matter, either Party may request that the subcommittee described in Article 18.4 be convened. The subcommittee shall convene within 30 days of a Party's delivery of a written request to convene the subcommittee to the other Party's contact point designated pursuant to paragraph 1, (18-1) unless the Parties otherwise agree, and shall endeavor to resolve the matter expeditiously, including, where appropriate, by consulting governmental or outside experts and having recourse to such procedures as good offices, conciliation, or mediation.
4. If a Party considers that the other Party has failed to carry out its obligations under Article 18.2.1(a), the Party may request consultations pursuant to Article 20.4.2(a) (Additional Dispute Settlement Procedures) or under paragraph 1 of this Article.
(a) If a Party requests consultations pursuant to Article 20.4.2(a) at a time when the Parties are engaged in consultations on the same matter under paragraph 1 of this Article or the subcommittee is endeavoring to resolve the matter under paragraph 3, the Parties shall discontinue their efforts to resolve the matter under this Article. Once consultations have begun under Article 20.4.2(a), no consultations on the same matter may be entered into under this Article.
(b) If a Party requests consultations pursuant to Article 20.4.2(a) more than 60 days after the commencement of consultations under paragraph 1, the Parties may at any time agree to refer the matter to the Joint Committee pursuant to Article 20.4.2(a).
5. Articles 20.3 (Consultations) and 20.4 (Additional Dispute Settlement Procedures) shall not apply to a matter arising under any provision of this Chapter other than Article 18.2.1(a).
Article 18.8. RELATIONSHIP TO ENVIRONMENTAL AGREEMENTS
The Parties recognize the critical role of multilateral environmental agreements in addressing some environmental challenges, including through the use of carefully tailored trade measures to achieve specific environmental goals and objectives. Recognizing that WTO Members have agreed in paragraph 31 of the Ministerial Declaration adopted on 14 November 2001 in Doha to negotiations on the relationship between existing WTO rules and specific trade obligations set out in multilateral environmental agreements, the Parties shall consult on the extent to which the outcome of those negotiations applies to this Agreement.
Article 18.9. PRINCIPLES OF CORPORATE STEWARDSHIP
Recognizing the substantial benefits brought by international trade and investment as well as the opportunity for enterprises to implement policies for sustainable development that seek to ensure coherence between social, economic and environmental objectives, each Party should encourage enterprises operating within its territory or subject to its jurisdiction to voluntarily incorporate sound principles of corporate stewardship in their internal policies, such as those principles or agreements that have been endorsed by both Parties.
Article 18.10. DEFINITIONS
For purposes of this Chapter:
1. environmental laws means any statutes or regulations of a Party, or provisions thereof, the primary purpose of which is the protection of the environment, or the prevention of a danger to human, animal, or plant life or health, through:
(a) the prevention, abatement, or control of the release, discharge, or emission of pollutants or environmental contaminants;
(b) the control of environmentally hazardous or toxic chemicals, substances, materials, and wastes, and the dissemination of information related thereto; or
(c) the protection or conservation of wild flora or fauna, including endangered species, their habitat, and specially protected natural areas,
in areas with respect to which a Party exercises sovereignty, sovereign rights, or jurisdiction, but does not include any statute or regulation, or provision thereof, directly related to worker safety or health; and
2. (a) for the United States, statutes or regulations means an act of the U.S. Congress or regulations promulgated pursuant to an act of the U.S. Congress that is enforceable, in the first instance, by action of the federal government; and
(b) for Singapore, statutes or regulations means an Act of the Parliament of Singapore and any subsidiary legislation made thereunder. Subsidiary legislation includes proclamations, rules, regulations, orders, notifications, by-laws, or other instruments made under any Act or other lawful authority and having legislative effect.
Chapter 19. TRANSPARENCY
Article 19.1. DEFINITIONS
For 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:
(a) 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
(b) a ruling that adjudicates with respect to a particular act or practice.
Article 19.2. CONTACT POINTS
1. Each Party shall designate a contact point or points to facilitate communications between the Parties on any matter covered by this Agreement.
2. On the request of the other Party, the contact points shall identify the office or official responsible for the matter and assist, as necessary, in facilitating communications with the requesting Party.
Article 19.3. 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 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:
(a) publish in advance any such laws, regulations, procedures, and administrative rulings that it proposes to adopt; and
(b) provide interested persons and the other Party a reasonable opportunity to comment on such proposed measures.
Article 19.4. NOTIFICATION AND PROVISION OF INFORMATION
1. To the maximum extent possible, each Party shall notify the other Party of any actual or proposed measure that the Party considers might materially affect the operation of this Agreement or otherwise substantially affect the other Party's interests under this Agreement.
2. On request of the other Party, a Party shall promptly provide information and respond to questions pertaining to any actual or proposed measure, whether or not the other Party has been previously notified of that measure.
3. Any notification, request, or information under this Article shall be provided to the other Party through the relevant contact points.
4. Any notification or information provided under this Article shall be without prejudice as to whether the measure is consistent with this Agreement.
Article 19.5. ADMINISTRATIVE PROCEEDINGS
1. With a view to administering in a consistent, impartial, and reasonable manner all measures referred to in Article 19.3, each Party shall ensure that in its administrative proceedings applying such measures to particular persons, goods, or services of the other Party in specific cases that:
(a) wherever possible, persons of the other Party that are directly affected by a proceeding are provided reasonable notice, in accordance with domestic 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;
(b) such persons are afforded 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
(c) its procedures are in accordance with domestic law.
Article 19.6. REVIEW AND APPEAL
1. Each Party shall establish or maintain judicial, quasi-judicial, or administrative tribunals or procedures for the purpose of the prompt review and, where warranted, correction of final administrative actions (19-1) 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:
(a) a reasonable opportunity to support or defend their respective positions; and
(b) a decision based on the evidence and submissions of record or, where required by domestic law, the record compiled by the administrative authority.
3. Each Party shall ensure, subject to appeal or further review as provided in its domestic law, that such decision shall be implemented by, and shall govern the practice of, the offices or authorities with respect to the administrative action at issue.
Chapter 20. ADMINISTRATION AND DISPUTE SETTLEMENT
Article 20.1. JOINT COMMITTEE
1. The Parties hereby establish a Joint Committee to supervise the implementation of this Agreement and to review the trade relationship between the Parties.
(a) The Joint Committee shall be composed of government officials of each Party and shall be chaired by (i) the United States Trade Representative and (ii) Singapore's Minister for Trade and Industry or their designees.
(b) The Joint Committee may establish and delegate responsibilities to ad hoc and standing committees or working groups, and seek the advice of non-governmental persons or groups.
2. The Joint Committee shall:
(a) review the general functioning of this Agreement;
(b) review and consider specific matters related to the operation and implementation of this Agreement in the light of its objectives, such as those related to customs administration, technical barriers to trade, electronic commerce, the environment, labor, the Medical Products Working Group, and distilled spirits;
(c) facilitate the avoidance and settlement of disputes arising under this Agreement, including through consultations pursuant to Articles 20.3 and 20.4;
(d) consider and adopt any amendment to this Agreement or other modification to the commitments therein, subject to completion of necessary domestic legal procedures by each Party;
(e) as appropriate, issue interpretations of this Agreement, including as provided in Articles 15.21 (Governing Law) and 15.22 (Interpretation of Annexes);
(f) consider ways to further enhance trade relations between the Parties and to further the objectives of this Agreement; and
(g) take such other action as the Parties may agree.
3. At its first meeting, the Joint Committee shall consider the review performed by each Party of the environmental effects of this Agreement and shall provide the public an opportunity to provide views on those effects.
4. The Joint Committee shall establish its own rules of procedure.
5. Unless the Parties otherwise agree, the Joint Committee shall convene:
(a) in regular session every year in order to review the general functioning of the Agreement, with such sessions to be held alternately in the territory of each Party; and
(b) in special session within 30 days of the request of a Party, with such sessions to be held in the territory of the other Party or at such location as may be agreed by the Parties. A requirement under Article 20.4 that the Joint Committee take any action with regard to a dispute shall not be interpreted to require the convening of a special session of the Joint Committee.
6. Recognizing the importance of transparency and openness, the Parties reaffirm their respective practices of considering the views of members of the public in order to draw upon a broad range of perspectives in the implementation of this Agreement.
7. Each Party shall treat any confidential information exchanged in relation to a meeting of the Joint Committee on the same basis as the Party providing the information.
Article 20.2. ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS
1. Each Party shall:
(a) designate an office that shall be responsible for providing administrative assistance to panels established under Article 20.4;
(b) be responsible for the operation and costs of its designated office; and
(c) notify the other Party of the location of its office.
2. The Joint Committee shall establish the amounts of remuneration and expenses to be paid to panelists.
3. The remuneration of panelists and their assistants, their travel and lodging expenses, and all general expenses relating to proceedings of a panel established under Article 20.4 shall be borne equally by the Parties.
4. Each panelist shall keep a record and render a final account of the panelist's time and expenses, and the panel shall keep a record and render a final account of all general expenses.
Article 20.3. CONSULTATIONS
1. Except as otherwise provided in this Agreement, either Party may request consultations with the other Party with respect to any matter that it considers might affect the operation of this Agreement by delivering written notification to the other Party's office designated under Article 20.2.1(a). If a Party requests consultations with regard to a matter, the other Party shall afford adequate opportunity for consultations and shall reply promptly to the request for consultations and enter into consultations in good faith.
2. In consultations under this Article, a Party may request the other Party to make available personnel of its government agencies or other regulatory bodies who have expertise in the matter subject to consultations.
3. In the consultations, each Party shall:
(a) provide sufficient information to enable a full examination of how the matter subject to consultations might affect the operation of this Agreement; and
(b) treat any confidential information exchanged in the course of consultations on the same basis as the Party providing the information.
Article 20.4. ADDITIONAL DISPUTE SETTLEMENT PROCEDURES
1. Except as otherwise provided in this Agreement or as the Parties otherwise agree, the provisions of this Article shall apply wherever a Party considers that:
(a) a measure of the other Party is inconsistent with the obligations of this Agreement;
(b) the other Party has otherwise failed to carry out its obligations under this Agreement; or
(c) a benefit the Party could reasonably have expected to accrue to it under Chapters 2 (National Treatment and Market Access for Goods), 3 (Rules of Origin), Chapter 8 (Cross Border Trade in Services), or Chapter 16 (Intellectual Property Rights) is being nullified or impaired as a result of a measure that is not inconsistent with this Agreement.
2. (a) The Parties shall first seek to resolve a dispute described in paragraph 1 through consultations under Article 20.3. If the consultations fail to resolve the dispute within 60 days of the delivery of a Party's request for consultations under Article 20.3.1, either Party may, by delivering written notification to the other Party's office designated under Article 20.2.1(a), refer the matter to the Joint Committee, which shall endeavor to resolve the dispute.
(b) Subject to Article 20.3.3(b), promptly after requesting or receiving a request for consultations related to a matter identified in paragraph 1, each Party shall solicit and consider the views of members of the public in order to draw upon a broad range of perspectives.
3. (a) Where a dispute regarding any matter referred to in paragraph 1 arises under this Agreement and under the WTO Agreement, or any other agreement to which both Parties are party, the complaining Party may select the forum in which to settle the dispute.
(b) The complaining Party shall notify the other Party in writing of its intention to bring a dispute to a particular forum before doing so.
(c) Once the complaining Party has selected a particular forum, the forum selected shall be used to the exclusion of other possible fora.
(d) For the purposes of this paragraph, a Party shall be deemed to have selected a forum when it has requested the establishment of, or referred a matter to, a dispute settlement panel.
4. (a) If the Joint Committee has not resolved a dispute within 60 days after delivery of the notification described in paragraph 2(a) or within such other period as the Parties may agree, the complaining Party may refer the matter to a dispute settlement panel by delivering written notification to the other Party's office designated under Article 20.2.1(a). (20-1) Unless the Parties otherwise agree:
(i) The panel shall have three members.
(ii) Each Party shall appoint one panelist, in consultation with the other Party, within 30 days after the matter has been referred to a panel. If a Party fails to appoint a panelist within such period, a panelist shall be selected by lot from the contingent list established under subparagraph (b) to serve as the panelist appointed by that Party.
(iii) The Parties shall endeavor to agree on a third panelist who shall serve as chair.
(iv) If the Parties are unable to agree on the chair of the Panel within 30 days after the date on which the second panelist has been appointed, the chair shall be selected by lot from the contingent list established under subparagraph (b).
(v) The date of establishment of the panel shall be the date on which the chair is appointed.
(b) (i) By the date of entry into force of this Agreement, the Parties shall establish a contingent list of five individuals who are willing and able to serve as a panelist or chair.
(ii) Each such individual shall have expertise or experience in law, international trade, or the resolution of disputes arising under international trade agreements; shall be independent of, and not be affiliated with or take instructions from, any Party; and shall comply with the code of conduct to be established by the Joint Committee.
(iii) Individuals on the contingent list shall be appointed by agreement of the Parties for terms of three years, and may be reappointed.
(c) Panelists other than those chosen by lot from the contingent list shall meet the criteria set out in subparagraph (b)(ii) and have expertise or experience relevant to the subject matter that is under dispute.
(d) The Parties shall establish by the date of entry into force of this Agreement model tules of procedure, which shall ensure:
(i) a right to at least one hearing before the panel, which, subject to clause (vi), shall be open to the public;
(ii) an opportunity for each Party to provide initial and rebuttal submissions;
(iii) that each Party's written submissions, written versions of its oral statement, and written responses to a request or questions from the panel will be made public within ten days after they are submitted, subject to clause (vi);
(iv) that the panel shall consider requests from nongovernmental entities in the Partiesâ territories to provide written views regarding the dispute that may assist the panel in evaluating the submissions and arguments of the Parties;
(v) a reasonable opportunity for each Party to submit comments on the initial report presented pursuant to paragraph 5(a); and
(vi) the protection of confidential information.
Unless the Parties agree otherwise, the panel shall follow the model rules of procedure and may, after consulting the Parties, adopt additional rules of procedure not inconsistent with the model rules.
5. (a) Unless the Parties agree otherwise, the panel shall, within 150 days after the chair is appointed, present to the Parties an initial report containing findings of fact and its determination as to whether:
(i) the measure at issue is inconsistent with the obligations of this Agreement;
(ii) a Party has otherwise failed to carry out its obligations under this Agreement; or
(iii) the measure at issue causes a nullification or impairment described in subparagraph 1(c); as well as any other determination requested by both Parties with regard to the dispute.
(b) The panel shall base its report on the submissions and arguments of the Parties. The panel may, at the request of the Parties, make recommendations for the resolution of the dispute.
(c) After considering any written comments by the Parties on the initial report, the panel may modify its report and make any further examination it considers appropriate.
(d) The panel shall present a final report to the Parties within 45 days of presentation of the initial report, unless the Parties agree otherwise. The Parties shall release the final report to the public within 15 days thereafter, subject to the protection of confidential information.
Article 20.5. IMPLEMENTATION OF THE FINAL REPORT
1. On receipt of the final report of a panel, the Parties shall agree on the resolution of the dispute, which normally shall conform with the determinations and recommendations, if any, of the panel.
2. If, in its final report, the panel determines that a Party has not conformed with its obligations under this Agreement or that a Party's measure is causing nullification or impairment in the sense of Article 20.4.1(c), the resolution, whenever possible, shall be to eliminate the non- conformity or the nullification or impairment.
Article 20.6. NON-IMPLEMENTATION
1. Ifa panel has made a determination of the type described in Article 20.5.2, and the Parties are unable to reach agreement on a resolution pursuant to Article 20.5.1 within 45 days of receiving the final report, or such other period as the Parties agree, the Party complained against shall enter into negotiations with the other Party with a view to developing mutually acceptable compensation.
2. If the Parties:
(a) are unable to agree on compensation within 30 days after the period for developing such compensation has begun; or
(b) have agreed on compensation or on a resolution pursuant to Article 20.5.1 and the complaining Party considers that the other Party has failed to observe the terms of such agreement,
the complaining Party may at any time thereafter provide written notice to the office designated by the other Party pursuant to Article 20.2.1(a) that it intends to suspend the application to the other Party of benefits of equivalent effect. The notice shall specify the level of benefits that the Party proposes to suspend. Subject to paragraph 5, the complaining Party may begin suspending benefits 30 days after the later of the date on which it provides notice to the other Party's designated office under this paragraph or the panel issues its determination under paragraph 3, as the case may be.
3. If the Party complained against considers that:
(a) the level of benefits that the other Party has proposed to be suspended is manifestly excessive; or
(b) it has eliminated the non-conformity or the nullification or impairment that the panel has found,
it may, within 30 days after the complaining Party provides notice under paragraph 2, request that the panel be reconvened to consider the matter. The Party complained against shall deliver its request in writing to the office designated by the other Party pursuant to Article 20.2. 1(a). The panel shall reconvene as soon as possible after delivery of the request to the designated office and shall present its determination to the Parties within 90 days after it reconvenes to review a request under subparagraph (a) or (b), or within 120 days for a request under subparagraphs (a) and (b). If the panel determines that the level of benefits proposed to be suspended is manifestly excessive, it shall determine the level of benefits it considers to be of equivalent effect.
4. The complaining Party may suspend benefits up to the level the panel has determined under paragraph 3 or, if the panel has not determined the level, the level the Party has proposed to suspend under paragraph 2, unless the panel has determined that the Party complained against has eliminated the non-conformity or the nullification or impairment.
5. The complaining Party may not suspend benefits if, within 30 days after it provides written notice of intent to suspend benefits or, if the panel is reconvened under paragraph 3, within 20 days after the panel provides its determination, the Party complained against provides written notice to the other Party's office designated pursuant to Article 20.2.1(a) that it will pay an annual monetary assessment. The Parties shall consult, beginning no later than ten days after the Party complained against provides notice, with a view to reaching agreement on the amount of the assessment. If the Parties are unable to reach an agreement within 30 days after consultations begin, the amount of the assessment shall be set at a level, in U.S. dollars, equal to 50 percent of the level of the benefits the panel has determined under paragraph 3 to be of equivalent effect or, if the panel has not determined the level, 50 percent of the level that the complaining Party has proposed to suspend under paragraph 2.
6. Unless the Joint Committee otherwise decides, a monetary assessment shall be paid to the complaining Party in U.S. currency, or in an equivalent amount of Singaporean currency, in equal, quarterly installments beginning 60 days after the Party complained against gives notice that it intends to pay an assessment. Where the circumstances warrant, the Joint Committee may decide that an assessment shall be paid into a fund established by the Joint Committee and expended at the direction of the Joint Committee for appropriate initiatives to facilitate trade between the Parties, including by further reducing unreasonable trade barriers or by assisting a Party in carrying out its obligations under the Agreement.
7. If the Party complained against fails to pay a monetary assessment, the complaining Party may suspend the application to the Party complained against of benefits in accordance with paragraph 4.
8. This Article shall not apply with respect to a matter described in Article 20.7.1.