5. Panelists may furnish separate opinions on matters not unanimously agreed upon.
6. A Party may submit written comments to the arbitral panel on its initial report within 14 days of presentation of the report or within such other period as the Parties may agree.
7. After considering any written comments on the initial report, the arbitral panel may reconsider its report and make any further examination it considers appropriate.
Article 70. Final Report
1. The arbitral panel shall present a final report to the Parties, including any separate opinions on matters not agreed to by consensus, within 30 days of presentation of the initial report, unless the Parties otherwise agree.
2. No arbitral panel may, either in its initial report or its final report, disclose which panelists are associated with majority or minority opinions.
3. The disputing Parties shall transmit to the Commission on the final report of the panel, as well as any written views that a disputing Party desires to be appended, on a confidential basis within a reasonable period of time after it is presented to them.
4. Unless the Commission decides otherwise, the final report of the panel shall be published 15 days after it is transmitted to the Commission.
Article 71. Implementation of Final Report
1. On receipt of the final report of an arbitral panel, the Parties shall agree on the resolution of the dispute, which normally shall conform with the findings and recommendation of the Panel.
2. Wherever possible, the resolution shall be removal of a major not conforming with this Agreement or a non-implementation of such a measure or, failing such a resolution, compensation.
Article 72. Non Implementation – Suspension of Benefits
1. If in its final report a panel has determined that a measure is inconsistent with the obligations of this Agreement and the Party complained against has not reached agreement with the complaining Party on a mutually satisfactory resolution pursuant to Article 71 (implementation of final report) within 30 days of receiving the final report, such complaining Party may suspend the application to the responding Party of benefits of equivalent effect until such time as they have reached agreement on a resolution of the dispute or the responding Party has brought its measures at issue into conformity with its obligations under this Agreement.
2. In considering what benefits to suspend pursuant to paragraph 1:
(a) a complaining Party should first seek to suspend benefits in the same sector or sectors as that affected by the measure or other matter that the Panel has found to be inconsistent with the obligations of this Agreement; and
(b) a complaining Party that considers it is not practicable or effective to suspend benefits in the same sector or sectors may suspend benefits in other sectors.
3. On the written request of any disputing Party delivered to the other Party, a panel shall be established, which should be the original panel when possible, to determine whether the level of benefits suspended by a Party pursuant to paragraph 1 is manifestly excessive.
4. The panel shall present its determination within 60 days after the panel is established or such other period as the disputing Parties may agree.
Article 73. Compliance Review
1. If the responding Party considers that it has eliminated the non-conformity that the arbitral panel has found, it may provide written notice to the complaining Party with a description of how non-conformity has been removed. If the complaining Party has disagreement, it may refer the matter to the original arbitral panel within 60 days after receipt of such written notice.
2. The arbitral panel shall release its report within 90 days after the referral of the matter.
Article 74. Private Rights
Any question regarding conformity of a measure taken by either Party under this Agreement shall be submitted and proceeded with as provided under Chapter X of this Agreement.
Chapter XI. Administration
Article 75. Establishment of the Free Trade Commission
The Parties hereby establish the Free Trade Commission (Commission), comprising representatives of the Parties as follows:
(a) in the case of China, the Ministry of Commerce (MOFCOM); and
(b) in the case of Pakistan, the Ministry of Commerce.
Article 76. Mandate of the Free Trade Commission
1. The Commission shall:
(a) supervise the implementation and, where appropriate, give interpretation of this Agreement;
(b) oversee the further elaboration of this Agreement; (c) facilitate avoidance and settlement of any disputes that may arise regarding the interpretation or application of this Agreement;
(d) supervise the work of all committees and working groups established under this Agreement;
(e) consider any other matter that may affect the operation of this Agreement.
2. The Commission shall establish its rules and procedures. All decisions of the Commission shall be taken by consensus.
Article 77. Meetings of the Free Trade Commission
1. The Commission shall convene the first session after six months of the implementation of this Agreement and the following sessions at least once a year in regular session, or as otherwise mutually determined by the Parties.
2. Regular sessions of the Commission shall be chaired alternatively by the Parties.
Chapter XII. Final Provisions
Article 78. Annexes and Footnotes
The annexes and footnotes to this Agreement constitute an integral part of this Agreement.
Article 79. Amendments
1. The Parties may agree on any amendment to this Agreement.
2. When so agreed, and entered into force according to Article 81 (Entry into Force), the amendment shall constitute an integral part of this Agreement.
Article 80. Amendment of the WTO Agreement
If any provision of the WTO Agreement that has been incorporated into this Agreement is amended, the Parties shall consult whether to amend this Agreement.
Article 81. Entry Into Force
1. The entry into force of this Agreement is subject to the completion of necessary domestic legal procedures by each Party.
2. Unless otherwise agreed by the Parties, this Agreement shall enter into force 30 days after the date on which the Parties exchange written notification that such procedures have been completed.
Article 82. Termination
Either Party may terminate this Agreement by written notification to the other Party. This Agreement shall expire 180 days after the date of such notification.
Article 83. Future Work Program
Unless otherwise agreed by the Parties, they shall negotiate trade in services after the conclusion of the negotiations of this Agreement.
Conclusion
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement.
DONE at Islamabad, the Islamic Republic of Pakistan, in duplicate, the twenty-fourth day of November two thousand and six.
This Agreement shall be done in duplicate in Chinese and English languages, both texts being equally authentic.
For and on behalf of the Government of the Islamic Republic of Pakistan
Minister of Commerce
For and on behalf of the Government of the People's Republic of China
Minister of Commerce