1. The arbitration panel shall base its report on the relevant provisions of this Agreement and the submissions and arguments of the Parties, and may take into account any other relevant information provided to the arbitration panel in accordance with this Agreement.
2. Unless the Parties otherwise agree, the arbitration panel shall issue the initial report to the Parties no later than 120 days after the date of its composition. If the arbitration panel considers that it cannot issue its initial report within this period, it shall inform the Parties in writing of the reasons for the delay together with an estimate of the period within which it will issue its initial report. Any delay shall not exceed a further period of 30 days unless the Parties otherwise agree.
3. Each Party may submit written comments to the arbitration panel within 15 days of the issuance of the initial report. After considering these written comments by the Parties and making any further examination it considers appropriate, the arbitration panel shall present Parties its final report within 30 days of issuance of the initial report, unless the Parties otherwise agree.
The final report of the arbitration panel shall be final and has no binding force except between the Parties and in respect of the matter to which the report refers.
4. The final report shall be made available to the public no later than 15 days after its issuance to the Parties, subject to the protection of confidential information, unless either Party decides not to do so.
Article 9.12. Implementation of the Final Report
1. Unless the Parties agree otherwise, the Party complained against shall eliminate the non-conformity as determined in the final report of the arbitration panel, immediately, or if this is not practicable, within a reasonable period of time.
2. Unless the Parties reach agreement on compensation or other mutually satisfactory solution, the Party complained against shall 141
implement the recommendations and rulings in the final report of the arbitration panel.
3. The reasonable period of time referred to in paragraph 1 of this Article shall be mutually determined by the Parties. Where the Parties fail to agree on the reasonable period of time within 45 days after the date of issuance of the final report of the arbitration panel, either Party may refer the matter wherever possible to the original arbitration panel, which shall determine the reasonable period of time.
4. The arbitration panel shall provide its determination to the Parties within 60 days after the date of the referral of the matter to it. When the arbitration panel considers that it cannot provide its determination within this time frame, it shall inform the Parties in writing of the reasons for the delay together with an estimate of the period within which it will provide its determination. Any delay shall not exceed a further period of 30 days unless the Parties otherwise agree.
5. The reasonable period of time normally should not exceed 15 months from the date of issuance of the final report.
6. The Party complained against shall notify in writing to the complaining Party the implementing measures adopted in order to put an end to the violation of its obligations under this Agreement, before the expiry of the reasonable period of time agreed by the Parties or determined in accordance with paragraph 2 of this Article.
Article 9.13. Compliance Review
1. Where the Parties disagree on the existence or consistency with this Agreement of measures taken to comply with the recommendations and rulings of the arbitration panel, such dispute shall be decided through recourse to the dispute settlement procedures under this Chapter, including wherever possible by resort to the original arbitration panel.
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2. The arbitration panel shall convene as soon as possible after the delivery of the request and shall issue its report on the matter within 60 days of the date of delivery of the written notification. When the arbitration panel considers that it cannot issue its report within this time frame, it shall inform the Parties in writing of the reasons for the delay together with an estimate of the period within which it will issue its report. Any delay shall not exceed a further period of 30 days unless Parties agree otherwise.
3. Articles concerning the procedure of arbitration panel in this Chapter shall apply mutatis mutandis to the procedure under this Article.
Article 9.14. Non-Implementation, Compensation and Suspension of Concessions or other Obligations
1. If the Party complained against:
(a) fails to comply with the recommendations and rulings of the arbitration panel within the reasonable period of time;
(b) notifies the complaining Party in writing that it will not comply with the recommendations and rulings of the arbitration panel; or
(c) has been found through the compliance review process set out in Article 9.13 (Compliance Review) to have not complied with the obligations under paragraph 1 of Article 9.12 (Implementation of the Final Report),
the Party complained against shall, if so requested, enter into negotiations with the complaining Party with a view to reaching a mutually satisfactory agreement on compensation.
2. If the Parties do not reach agreement on compensation in accordance with paragraph 1 of this Article within 20 days from the receipt of the request pursuant to paragraph 1 of this Article, or Parties agreed on compensation but the Party complained against has failed to observe the
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terms and conditions of that agreement, the complaining Party may notify the Party complained against in writing that it intends to suspend the application to the Party complained against of concessions and obligations under this Agreement of equivalent effect to the level of non-conformity that the arbitration panel has found. The notification shall specify the level of concessions or other obligations that the complaining Party proposes to
suspend.
3. The compensation referred to in paragraph 1 of this Article and the suspension referred to in paragraph 2 of this Article shall be temporary measures in the event that the Party complained against does not comply with the obligation under Article 9.12 (implementation of the Final Report). Neither compensation nor suspension is preferred to full elimination of the non-conformity as determined in the report of the arbitration panel. The complaining Party may begin suspending concessions and obligations 30 days after it provides notification of its intention to suspend, or after an arbitration panel issues its determination under paragraph 6.
4. In considering what concessions or other obligations to suspend pursuant to paragraph 2 of this Article the complaining Party shall apply the following principles and procedures:
(a) the complaining Party should first seek to suspend concessions or other obligations with respect to the same sector(s) as that in which the Arbitration Panel has found a violation or other nullification or impairment;
(b) the complaining Party should first seek to suspend concessions or other obligations with respect to the same sector(s) in which the report of the arbitration panel has found a failure to comply with the obligations under this Agreement. The notification of such suspension shall indicate the reasons on which it is based;
(c) if that party considers that it is not practicable or effective to suspend concessions or other obligations with respect to the
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same sector(s), it may seek to suspend concessions or other obligations in other sectors under this agreement;
(d) in the selection of the benefits to suspend, the complaining Party shall endeavor to take into consideration those which least disturb the implementation of this Agreement.
5. The level of suspension of concessions and obligations referred to in paragraph 2 of this Article shall be equivalent to the level of the nullification or impairment.
6. If the Party complained against objects to the level of suspension proposed, or considers that the principles set out in paragraph 4 of this Article have not been applied, it may make a written request to reconvene the original arbitration panel to examine the matter. The arbitration panel shall determine whether the level of concessions and obligations to be suspended by the complaining Party in accordance with paragraph 2 of this Article is equivalent to the level of non-conformity. If the arbitration panel cannot be established with its original arbitrators, the proceeding set out in Article 9.8 (Composition of Arbitration Panels) shall be applied.
The arbitration panel shall present its determination within 60 days of the request made in accordance with paragraph 6 of this Article or, if an arbitration panel cannot be established with its original arbitrators, from the date on which the last arbitrator is appointed. The determination of the arbitration panel shall be final and binding and shall be made publicly available.
7. The complaining Party may not suspend the application of concessions or other obligations before the issuance of the arbitration panelâs determination pursuant to this Article.
Article 9.15. Post Suspension
1. Without prejudice to the procedures in Article 9.14 (Non- Implementation, Compensation and Suspension of Concessions or Other Obligations), if the Party complained against considers that it
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has eliminated the non-conformity that the arbitration 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 disagrees, it may refer the matter to the original arbitration panel within 60 days after receipt of such written notice. Otherwise, the complaining Party shall promptly stop the suspension of concessions or other obligations.
2. The arbitration panel shall issue its report within 60 days after the referral of the matter by the complaining Party pursuant to paragraph 1 of this Article. If the arbitration panel concludes that the Party complained against has eliminated the non-conformity, the complaining Party shall promptly stop the suspension of concessions or other obligations.
Article 9.16. Rules of Procedure
Unless the Parties agree otherwise, the arbitration panel shall follow the rules of procedure set out in Annex 9-1 (Rules of Procedure of Arbitration Panel) and may, after consulting with the Parties, adopt additional rules of procedure not inconsistent with Annex 9-1 (Rules of Procedure of Arbitration Panel).
Article 9.17. Application and Modification of Rules and Procedures
Any time period or other rules and procedures for arbitration panels provided for in this Chapter, including the Rules of Procedure referred to in Article 9.16 (Rules of Procedure), may be modified by mutual consent of the Parties.
Article 9.18. Private Rights*
Neither Party may provide for a right of action under its domestic law against the other Party on the ground that a measure of the other Party is inconsistent with this Agreement.
58 For greater certainty, disputes regarding the interpretation and application of this Agreement arising between the Parties shall be resolved in accordance with the provision of this Chapter.
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ANNEX 9-1 RULES OF PROCEDURE OF ARBITRATION PANEL
First Written Submissions
1. The complaining Party shall deliver its first written submission no later than 20 days after the appointment of the last arbitrator. The Party complained against shall deliver its first written submission no later than 30 days after the date of delivery of the complaining Partyâs first written submission, unless the arbitration panel otherwise decides.
2. A Party shall provide a copy of its first written submission to each of the arbitrators and to the other Party. A copy of the documents shall also be provided in electronic format.
Hearings
3. The chair of the arbitration panel shall fix the date and time of the hearing after consultation with the Parties and other members of the arbitration panel. The venue of the hearings shall be agreed by the Parties. If there is no agreement, the venue shall alternate between the territories of the Parties with the first hearing to be held in the territory of the Party complained against. The chair of the arbitration panel shall notify in writing to the Parties of the date, time and venue of the hearing. Unless either Party disagrees, the arbitration panel may decide not to convene a hearing.
4. The arbitration panel may convene additional hearings. 5. All arbitrators shall be present at hearings.
6. The hearings of the arbitration panel shall be held in closed session.
Supplementary Written Submissions
7. Where the arbitration panel so agrees, each Party may, within 20
days after the date of the hearing, deliver a supplementary written
submission responding to any matter that arose during the hearing. 147
The supplementary written submission shall be delivered in accordance with paragraph 2 of this Annex.
Questions in Writing
8. The arbitration panel may at any time during the proceedings put questions in writing to the Parties. A Party shall deliver the written reply to the arbitration panel and the other Party in accordance with the timetable established by the arbitration panel. Each Party shall be given the opportunity to provide written comments on the reply of the other Party.
Confidentiality
9. The arbitration panelâs hearings and the documents submitted to it shall be kept confidential. Nothing in these rules shall preclude a Party from disclosing statements of its own positions to the public. The information submitted by a Party to the arbitration panel which that Party has designated as confidential shall be treated as confidential.
Ex parte Contacts
10. The arbitration panel shall not meet or contact a Party in the absence of the other Party.
11. No Party may contact any arbitrator in relation to the dispute in the absence of the other Party and the other arbitrators.
12. No arbitrator may discuss any aspect of the subject matter of the proceeding with a Party or the Parties in the absence of the other arbitrators.
13. The initial and final reports of the arbitration panel shall be drafted without the presence of the Parties.
Role of Experts
14. Upon request of a Party or on its own initiative, the arbitration panel may seek information and technical advice from any
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individual or body that it deems appropriate. Any information so obtained shall be provided to the Parties for comments.
Working Language
15. Unless otherwise agreed by the Parties, English shall be the working language of the dispute settlement proceedings.
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Chapter CHAPTER X INSTITUTIONAL AND FINAL PROVISIONS Article 10.1 Annexes
The Annexes to this Agreement constitute an integral part of this Agreement.
Article 10.2. Joint Committee
1. The Parties hereby establish a Joint Committee comprising representatives of the Peopleâs Republic of China and the Republic of Belarus as follows:
(a) in the case of the Peopleâs Republic of China, the Ministry of Commerce (MOFCOM); and
(b) in the case of the Republic of Belarus, the Ministry of Economy of the Republic of Belarus.
2. All decisions and recommendations referred to in this Chapter shall be taken by consensus.
3. The Joint Committee shall: (a) endeavour to ensure that this Agreement operates properly;
(b) supervise, review and facilitate the implementation and application of this Agreement;
(c) supervise the work of all sub-committees, working groups and other bodies established under this Agreement;
(d) consider ways to further enhance trade and investment between the Parties;
(e) without prejudice to Chapter IX (Dispute Settlement), seek to solve differences or disputes which might arise regarding the interpretation or application of this Agreement;
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(f) consider proposals and make recommendations to the Parties on amendments of this Agreement in accordance with Article 10.4 (Amendments and Review) of this Chapter;
(g) consider any other matter of interest relating to the implementation or operation of this Agreement.
4. The Joint Committee may:
(a) decide to establish or dissolve sub-committees, or allocate responsibilities to them;
(b) seek the advice of all interested parties including private sector and non-governmental organizations;
(c) consult the Parties in case of any controversial issue; (d) adopt its own rules of procedure; and
(e) take any other action in the exercise of its functions as the Parties may agree.
5. The first meeting of the Joint Committee shall be held within one year after the entry into force of this Agreement. Thereafter, the Joint Committee shall meet every two years or whenever necessary in the Peopleâs Republic of China or the Republic of Belarus alternately, unless the Parties agree otherwise. The Joint Committee shall be co-chaired by the representatives appointed by the Peopleâs Republic of China and the Republic of Belarus at the Ministerial level or its designated representatives.
6. Each Party may request at any time, through a notice in writing to the other Party, that a special meeting of the Joint Committee be held. Such a meeting shall take place within 30 days from the receipt of the request, unless the Parties agree otherwise.
7. Each meeting of the Joint Committee shall be held on a date mutually agreed by the Parties.
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8. The Parties hold Joint Committee meetings as both virtual and face-to-face meetings.
9. The Joint Committee may invite, by agreement between the Parties, academics, experts from private sector or representatives from non-governmental organizations to attend its meetings in order to provide information on particular subjects.
10. A provisional agenda for each meeting shall be drawn up by the hosting Party on the basis of suggestions by the Parties. It shall be circulated to the other Party no later than 14 days before the meeting. The agenda shall be adopted by the Joint Committee at the beginning of each meeting. At the meeting, additional items may be included in the agenda, if the Parties so agree.
11. The working language of the Joint Committee shall be English. All working documents, minutes and decisions shall be in English.
12. Draft minutes of each meeting shall be drawn up by the host Party. The minutes shall, as a general rule, contain the following:
(a) a summary of the statements and conclusions reached on specific issues;
(b) decisions, recommendations and declarations adopted by the Joint Committee;
(c) all documentation formally presented by a Party and agreed to be included as annexes to the Joint Report; and
(d) a list of participants.
13. The draft agreed minutes shall be submitted to the Joint Committee for approval at the end of the meeting. If the approval is not possible during the meeting, the agreed minutes shall be approved by the Parties no later than three months after the date of the meeting.
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14. The Joint Committee may adopt decisions or make recommendations by written procedure, if so agreed by the Parties.
15. Decisions and recommendations adopted by the Joint Committee shall bear a number and a title referring to their subject matter.
16. Each Party shall cover its own expenses relating to meetings of the Joint Committee. Expenses in connection with the organization of meetings, shall be borne by the Party that hosts the meeting.
Article 10.3. Entry Into Force
This Agreement shall come into force on the first day of the second month following the date of receipt through diplomatic channels of the last written notification of the completion of the internal legal procedures required for its entry into force by the Parties.
Article 10.4. Amendments and Review
1. The Parties may agree, in writing, to amend this Agreement. An amendment shall enter into force in accordance with the procedure under Article 10.3 (Entry into Force), or on such other date as the Parties may agree.
2. The Parties shall periodically review in the Joint Committee progress achieved in pursuing the objectives set out in this Agreement and consider relevant international developments to identify areas where further action could promote these objectives.
3. If any provision of the WTO Agreement that the Parties have incorporated into this Agreement is amended, the Parties shall consult with each other, via the Joint Committee, with a view to finding a mutually satisfactory solution, where necessary. As a result of such a review, the Parties may, by decision in the Joint Committee, modify this Agreement accordingly.
Article 10.5. Further Negotiations
1. Not later than five years from the date of entry into force of this Agreement and periodically thereafter Parties may enter into 153
negotiations with a view to achieving a progressively higher level of commitments of this Agreement. This process shall take place with a view to promoting the interests of both Parties on a mutually advantageous basis and to securing balance of rights and obligations.
2. Upon the Republic of Belarusâ accession to the WTO, the Parties shall enter into negotiations, beginning no later than one year from that date, with a view to achieving higher level of liberalization, promoting the interests of the Parties on a mutually advantageous basis and to secure an overall balance of rights and obligations.
Article 10.6. General Exceptions
1. For the purposes of Chapter III (Investment) and Chapter V (Electronic Commerce), Article XX of the GATT 1994, including its interpretative notes, is incorporated into and made part of this Agreement, mutatis mutandis.
2. For the purposes of Chapter II (Trade in Services), Chapter III (Investment), Chapter IV (Movement of Natural Persons) and Chapter V (Electronic Commerce), Article XIV of GATS, including its footnotes, is incorporated into and made part of this Agreement, mutatis mutandis.
Article 10.7. Termination 1. this Agreement Is Concluded for an Indefinite Period.
2. Either Party may terminate this Agreement by sending a written notification to the other Party of its intention to terminate the Agreement through diplomatic channels.
3. In such case, the Agreement shall be terminated in six months after the date of notification under paragraph 2 of this Article.
4. Within 30 days of a notification under paragraph 2 of this Article,
either Party may request consultations regarding whether the
termination of any provision of this Agreement should take effect on
a later date than provided under paragraph 3 of this Article. Such 154
consultations shall commence within 30 days of a Partyâs delivery of such request. If no consensus is reached through consultations, the said provision will be terminated under paragraph 3 of this Article.
Article 10.8. Authentic Texts
This Agreement is done in Minsk on 22 August 2024 in duplicate in the Russian, Chinese and English languages, all texts being equally authentic. In case of divergence of interpretation of this Agreement the English text shall prevail.
For the Government For the Government of the Peopleâs Republic of China _ of the Republic of Belarus
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ANNEX I
SCHEDULE OF SPECIFIC COMMITMENTS OF THE PEOPLEâS REPUBLIC OF CHINA UNDER CHAPTER II (TRADE IN SERVICES)
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Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub-sector l Limitations on market access | Limitation on national treatment | Additional commitments