2. Each Party, through its Designated Representative, shall provide a person to whom the customs administration of the territory represented by the Party issues an administrative determination with the reasons for the administrative determination and access to information on how to request reviews and appeals.
3. Each Party, through its Designated Representative, shall provide that the authority of the territory represented by the Party conducting a review or appeal under paragraph 1 notifies the person in writing of its determination or decision in the review or appeal, and the reasons for the determination or decision.
4. Each Party, through its Designated Representative, shall ensure thatifa person receives a determination or decision on an administrative or judicial review or appeal as provided under paragraph 1, that determination or decision shall be applicable in the same manner throughout the territory represented by the Party with respect to that person.
5. With a view to ensuring predictability for traders and consistent application of the customs laws, regulations, and procedures of the territory represented by the Party, each Party, through its Designated Representative, shall ensure the determinations or decisions of the highest administrative appeal authority of the territory represented by the Party are applied to the practices of the customs administration throughout that territory.
6. Each Party, through its Designated Representative, shall ensure that the customs administration of the territory represented by the Party allows a trader to file a request for administrative review or appeal through electronic means.
Article 2.21. Administrative Guidance
1. Each Party, through its Designated Representative, shall adopt or maintain an administrative procedure by which a customs office in the territory represented by the Party may request guidance from a designated centralized office of the customs administration of the territory represented by the Party as to the proper application of laws, regulations, and procedures of the territory represented by the Party for importation into, exportation from, or transit through that territory with respect to a specific customs transaction, regardless of whether the transaction is prospective, pending, or has been completed. This administrative procedure shall provide that a customs office shall request guidance under this administrative procedure on its own initiative or at the written request of an importer or exporter in the territory represented by the Party, or a representative thereof.
2. Each Party, through its Designated Representative, shall provide that the designated centralized office of the customs administration of the territory represented by the Party shall provide guidance in response to a request by a customs office described in paragraph 1 if the customs treatment applied or proposed to be applied by the customs office to the transaction is inconsistent with the customs treatment provided with respect to transactions that are identical in all material respects, including by another customs office in the territory represented by the Party.
3. Each Party, through its Designated Representative, shall make available on a free, publicly accessible website the procedures, including any forms, for an importer or exporter to request guidance as described in paragraph 1.
4. Each Party, through its Designated Representative, shall provide that an importer or exporter to whom a request described in paragraph 1 relates is allowed an opportunity to submit written views and information to the designated centralized office of the customs administration of the territory represented by the Party before it issues its guidance.
5. Each Party, through its Designated Representative, shall provide that guidance in response to a request described in paragraph 1 shall be taken into account by the customs office with respect to the transaction that is the subject of the request, provided that there is not a ruling or determination issued on the transaction and the facts and circumstances remain the same.
6. Nothing in this Article requires a Party, either on its own or through its Designated Representative, to require the customs administration of the territory represented by the Party to provide guidance on transactions for which: a determination has been made; a determination has been applied consistently throughout the territory represented by the Party; a determination is pending; an importer or exporter has requested a ruling or has received a ruling that has been applied consistently throughout the territory represented by the Party; or a determination or ruling is being reviewed.
Article 2.22. Penalties
1. Each Party, through its Designated Representative, shall adopt or maintain measures that allow for the imposition of a penalty by the customs administration of the territory represented by the Party for breach of the customs laws, regulations, or procedures of that territory, including those governing tariff classification, customs valuation, transit procedures, country of origin, or claims for preferential treatment. Each Party, through its Designated Representative, shall ensure that such measures are administered in a uniform manner throughout the territory represented by the Party.
2. Each Party, through its Designated Representative, shall ensure that a penalty imposed by the customs administration of the territory represented by the Party for a breach of the customs laws, regulations, or procedures of that territory is imposed only on the person legally responsible for the breach.
3. Each Party, through its Designated Representative, shall ensure that any penalty imposed by the customs administration of the territory represented by the Party for breach of the customs laws, regulations, or procedures of that territory depends on the facts and circumstances of the case, including any previous breaches by the person receiving the penalty, and be commensurate with the degree and severity of the breach.
4. Each Party, through its Designated Representative, shall provide that a clerical or minor error in a customs transaction, as set forth in the laws, regulations, or procedures of the territory represented by the Party, published in accordance with Article 2.2, may be corrected without assessment of a penalty, unless the error is part of a consistent pattern of such errors by that person.
5. Each Party, through its Designated Representative, shall adopt or maintain measures to avoid conflicts of interest in the assessment and collection of penalties and customs duties. Those measures shall provide that no portion of the remuneration of an official of the authorities of the territory represented by the Party shall be calculated as a fixed portion or percentage of any penalties or customs duties assessed or collected or as a fixed portion or percentage of the value of any goods seized.
6. Each Party, through its Designated Representative, shall ensure that when the customs administration of the territory represented by the Party imposes a penalty for a breach of the customs laws, regulations, or procedures of that territory, it provides an explanation in writing to the person on whom the penalty is imposed, specifying the nature of the breach, including the specific law, regulation, or procedure concerned and the basis for determining the penalty amount if not set forth specifically in the law, regulation, or procedure.
7. Each Party, through its Designated Representative, shall provide that a person may disclose an error in a customs transaction that is a potential breach of a customs law, regulation, or procedure of the territory represented by the Party, excluding fraud, prior to the discovery of the error by the authorities of that territory, if the person does so in accordance with the laws, regulations, or procedures of that territory and pays any owed customs duties, taxes, fees, and charges, including interest. Each Party, through its Designated Representative, shall provide that the disclosure must include the identification of the transaction and circumstances of the error. Neither Party, either on its own or through its Designated Representative, shall use this disclosure to assess a penalty for a breach of a customs law, regulation, or procedure of the territory represented by a Party.
8. Each Party, through its Designated Representative, shall specify a fixed, finite period within which the authorities of the territory represented by the Party may initiate penalty proceedings in connection with a breach of a customs law, regulation, or procedure.
Article 2.23. Standards of Conduct
1. Further to Article 2.22, each Party, through its Designated Representative, shall adopt or maintain measures to deter customs officials of the territory represented by the Party from engaging in any action that would result in, or reasonably create the appearance of, use of their public service position for private gain, including any monetary benefit.
2. Each Party, through its Designated Representative, shall provide a mechanism for importers, exporters, carriers, customs brokers, trade unions, and other stakeholders to submit complaints regarding perceived improper or corrupt behavior of the customs administration personnel in the territory represented by the Party, including at ports of entry and other customs offices. Each Party, through its Designated Representative, shall take appropriate action on a complaint in a timely manner in accordance with the laws, regulations, or procedures of the territory represented by the Party.
Article 2.24. Protection of Trader Information
1. Each Party, through its Designated Representative, shall ensure that the customs administration and other authorities of the territory represented by the Party apply measures on the collection, protection, use, disclosure, retention, correction, and disposal of information that is collected from traders.
2. Each Party, through its Designated Representative, shall ensure that the customs administration and other authorities of the territory represented by the Party protect, in accordance with the law of that territory, confidential information from unauthorized use or disclosure and from physical and cyber security threats.
3. A Party, either on its own or through its Designated Representative, may use or disclose confidential information only for the purposes of administration or enforcement of the customs laws of the territory represented by the Party or as otherwise provided under the law of that territory, including in an administrative or judicial proceeding.
4. If information collected from a trader is used or disclosed other than as provided in this Article, the Party, through its Designated Representative, shall address the incident, in accordance with the laws, regulations, or procedures of the territory represented by the Party, impose a penalty on those responsible for the unauthorized use or disclosure, if possible, and implement a plan to prevent a reoccurrence.
Article 2.25. Cooperation
1. The Parties, through their Designated Representatives as appropriate, agree to strengthen and expand the customs and trade enforcement efforts and cooperation between the authorities of the territories represented by the Parties, as set out in this Article and Articles 2.26 to 2.28. In these efforts, the Parties, either on their own or through their Designated Representatives, may use any applicable mechanism, including cooperation mechanisms.
2. Each Party, through its Designated Representative, shall take appropriate measures to enhance coordination between the customs administration and other authorities of the territory represented by the Party, and for cooperation with the authorities of the territory represented by the other Party, related to customs offenses.
3. The measures under paragraph 2 may include:
(a) specific operations, such as enforcement actions to detect, prevent, or address customs offenses, especially on identified customs priorities, taking into account trade data, including patterns of imports, exports, or goods in transit to identify potential or real sources of these offenses;
(b) providing advice on detecting the submission of false information with respect to tariff classification, customs valuation, or other information required for import, export, or transit;
(c) adopting or maintaining penalties aimed at deterring or penalizing customs offenses; and
(d) providing officials of the authorities of the territory represented by the Party with the legal authority to enforce measures as described under this Agreement.
4. Each Party, through its Designated Representative, shall, whenever practicable, and subject to the laws, regulations, and procedures of the territory represented by the Party, provide the authorities of the territory represented by the other Party with non-confidential information that has come to its attention that it believes would assist the authorities of the territory represented by the other Party in detecting, preventing, or addressing potential or actual customs offenses, in particular those related to unlawful activities, including duty evasion, smuggling, and similar infractions. Such information may include specific data on any person suspected to be involved in unlawful activity, the mode of transportation, other relevant information, and the results of enforcement actions, application of penalties, or unusual trade patterns, both collected directly by the authorities of the territory represented by the providing Party and received from other sources.
5. The Parties, through their Designated Representatives, shall endeavor to cooperate, subject to the laws, regulations, and procedures of the territories represented by the Parties, by developing customs enforcement operations, which may include the creation of task forces, coordinated data analysis, and identification of special monitoring measures and other actions, to prevent, deter, and address customs offenses, particularly with respect to identified customs priorities of mutual concern.
Article 2.26. Exchange of Specific Confidential Information
1. For the purposes of this Article, relevant facts indicating that a customs offense is occurring or is likely to occur means historical evidence of non-compliance with laws or regulations, or other specific information that the authorities of the territories represented by the Parties mutually understand is sufficient in the context of a particular request.
2. For the purposes of enforcing or assisting in the enforcement of measures of the authorities of the territory represented by a Party concerning customs offenses, a Party, through its Designated Representative as appropriate, may request that the other Party, through its Designated Representative as appropriate, provide specific confidential information held by the authorities of the territory represented by the other Party that is normally collected in connection with the importation, exportation, or transit of a good if the authorities of the territory represented by the Party have relevant facts indicating that a customs offense is occurring or is likely to occur.
3. A request under paragraph 2 shall be made in writing or through another means that allows for the acknowledgement of receipt, and shall include a brief statement of the matter at issue, the information requested, the relevant facts indicating that a customs offense is occurring or is likely to occur, and sufficient information for the Party that receives, through its Designated Representative as appropriate, a request to respond in accordance with the laws, regulations, and procedures of the territory represented by the Party.
4. The Party that receives a request under paragraph 2, through its Designated Representative as appropriate, shall, subject to the laws, regulations, procedures, or other legal obligations of the territory represented by the Party, provide to the other Party, through its Designated Representative as appropriate, a written response containing the requested information held by the authorities of the territory represented by the Party as soon as practicable.
5. A Party, through its Designated Representative as appropriate, may provide information under this Article in paper or electronic format.
6. To facilitate the rapid and secure exchange of confidential information, each Party, in consultation with its Designated Representative, shall designate or maintain a contact point for cooperation under this Article in accordance with Article 7.7 (Contact Points).
Article 2.27. Customs Compliance Visit Requests
1. A Party, through its Designated Representative as appropriate, may request that the authorities of the territory represented by the other Party conduct a visit in that territory to assist the authorities of the territory represented by the Party to determine whether a customs offense is occurring or has occurred by obtaining information, including documents, from relevant entities, such as an exporter or producer of exported goods. The Party, through its Designated Representative as appropriate, shall make the request to the other Party, through its Designated Representative as appropriate, in writing.
2. If a Party, through its Designated Representative as appropriate, receives a request under paragraph 1, the Party through its Designated Representative as appropriate, shall respond to the request promptly and in no case later than 30 days after the date the request is received. In responding to the request, the Party, through its Designated Representative as appropriate, shall indicate whether the authorities of the territory represented by the Party will conduct the visit and, if so, the intended timing and other relevant details.
3. If a Party, through its Designated Representative as appropriate, receives a request under paragraph 1 and the authorities of the territory represented by the Party do not intend to conduct the visit, the Party, through its Designated Representative as appropriate, shall indicate the basis for refusal and authorize the authorities of the territory represented by the other Party to conduct a visit on their own. The other Party, through its Designated Representative as appropriate, shall give reasonable advance notice to the authorities of the territory represented by the Party of the proposed date of the visit that the authorities of the territory represented by the other Party plan to conduct on their own.
4. If a Party, through its Designated Representative as appropriate, receives a request under paragraph 1 and the authorities of the territory represented by the Party conduct the requested visit, the other Party, through its Designated Representative as appropriate, may request to accompany the authorities of the territory represented by the Party and participate in the visit. If the authorities of the territory represented by the Party do not allow the authorities of the territory represented by the other Party to participate in the visit, the other Party, through its Designated Representative, may provide for the authorities of the territory represented by the other Party to take this fact into consideration when making their determination.
5. If a Party, through its Designated Representative as appropriate, receives a request under paragraph 1 and the authorities of the territory represented by the Party conduct the requested visit, the Party, through its Designated Representative as appropriate, shall provide the authorities of the territory represented by the other Party, promptly upon completion of the visit, a report containing the relevant information, including data and documents, obtained during the visit.
6. Without regard to whether a request to conduct a visit was made under paragraph 1, absent extraordinary circumstances, a Party, through its Designated Representative, shall grant an eligible official from the authorities of the territory represented by the other Party access to the territory represented by the Party to conduct a visit under this Article. (7)
Article 2.28. Confidentiality between Parties
1. If a Party, either on its own or through its Designated Representative, provides information to the other Party, its Designated Representative, or the authorities of the territory represented by the other Party in accordance with Article 2.26 or 2.27 and designates it as confidential information, or if the information is confidential under the law of the territory represented by the providing Party, the other Party, both on its own and through its Designated Representative, shall protect the information from unauthorized use or disclosure and from physical and cyber threats in accordance with the laws, regulations, and procedures of the territory represented by the other Party.
2. A Party, either on its own or through its Designated Representative, may decline to provide information requested if the other Party or its Designated Representative has failed to act in accordance with paragraph 1.
3. A Party, either on its own or through its Designated Representative, may use or disclose confidential information received from the other Party, its Designated Representative, or the authorities of the territory represented by the other Party under Articles 2.26 or 2.27 only for the purposes of administration or enforcement of the customs laws or as otherwise provided under the law of the territory represented by the Party, including in an administrative, quasi- judicial, or judicial proceeding.
Article 2.29. Trade Facilitation Committee
1. The Parties, through their Designated Representatives as appropriate, hereby establish a Committee on Trade Facilitation (the Trade Facilitation Committee) composed of the representatives of the Parties and relevant representatives of the authorities of the territories represented by the Parties, including the customs administrations.
2. With a view to facilitating the effective operation of this Chapter, the Trade Facilitation Committee's functions shall include:
(a) encouraging cooperation between the authorities of the territories represented by the Parties regarding customs issues that affect goods traded between the territories represented by the Parties;
(b) encouraging cooperation between the authorities of the territories represented by the Parties regarding the operation and implementation of this Chapter; and
(c) encouraging cooperation between the authorities of the territories represented by the Parties to provide advance notice of any significant administrative or procedural change, newly proposed law or regulation, or modification of a law or regulation of the territory represented by a Party that governs importations, exportations, or transit procedures that is likely to substantially affect the operation of this Agreement or likely to affect the effective implementation and enforcement of the customs and trade laws and regulations of the territory represented by a Party.
3. Each Party, through its Designated Representative, shall provide opportunities for persons of the territory represented by the Party to provide views to the Trade Facilitation Committee on the implementation of this Chapter.
4. Unless the Parties, in consultation with their Designated Representatives, decide otherwise, the Trade Facilitation Committee shall meet at least once a year. The Trade Facilitation Committee may also invite persons that may have an interest to contribute to its work.
Article 2.30. Transitional Period
Notwithstanding Article 8.4 (Entry into Force) of this Agreement, TECRO, through its Designated Representative, shall implement its obligations with respect to paragraphs 2 and 3(c) of Article 2.14 within three years of the date of entry into force of this Agreement. Prior to the end of that time period, the Parties, in consultation with their Designated Representatives, shall determine whether it is appropriate to extend the time period for an additional period not to exceed one year.
Chapter 3. GOOD REGULATORY PRACTICES
Article 3.1. Definitions
For the purposes of this Chapter:
regulation means a measure of general application, with which compliance is mandatory, adopted, issued, or maintained by a regulatory authority, of the territory represented by a Party except as set forth in Annex 3-A;
regulatory authority means a central level administrative authority or agency of the authorities of the territory represented by a Party that develops, proposes, or adopts a regulation, and does not include legislatures or courts; and
regulatory cooperation means an effort between the authorities of the territory represented by a Party and the authorities of the territory represented by the other Party to prevent, reduce, or eliminate unnecessary regulatory differences to facilitate international trade and investment and promote economic growth, while maintaining or enhancing standards of public health and safety and environmental protection.
Article 3.2. Subject Matter and General Provisions
1. The Parties, through their Designated Representatives, recognize that implementation of practices by all regulatory authorities to promote regulatory quality through greater transparency, objective analysis, accountability, and predictability can facilitate international trade and investment and promote economic growth, while contributing to the ability of the authorities of the territory represented by each Party to achieve their public policy objectives (including health, safety, labor, environmental, and sustainability goals) at the level they consider appropriate. The application of good regulatory practices can support greater regulatory compatibility between the regulatory authorities, which can reduce or eliminate, as appropriate, unnecessarily burdensome or duplicative regulatory requirements and encourage cooperation to address shared transboundary and global challenges.
2. The Parties, through their Designated Representatives, also recognize the importance of transparency in the regulatory development process and the need to engage persons that may have an interest, including small enterprises, workersâ organizations, rural communities, and individuals that may be historically disadvantaged, vulnerable, or marginalized, such as women, minorities, and Indigenous peoples.
3. Accordingly, this Chapter sets out obligations and other provisions with respect to good regulatory practices, including practices relating to the planning, design, issuance, implementation, and review of regulations.
4. For greater certainty, this Chapter does notprevent the Parties, either on their own or through their Designated Representatives, from:
(a) pursuing public policy objectives (including health, safety, labor, environmental, and sustainability goals) at the level they consider to be appropriate;
(b) determining the appropriate method of implementing their obligations in this Chapter within the framework of the legal system and institutions of the territories represented by the Parties; or
(c) adopting good regulatory practices in addition to those that are set out in this Chapter.
Article 3.3. Central Regulatory Coordinating Bodies or Mechanisms
Recognizing that institutional arrangements are particular to the system of the authorities of the territory represented by a Party, the Parties, through their Designated Representatives, note the important role of central regulatory coordinating bodies and mechanisms in promoting good regulatory practices; performing key advisory, coordination, and review functions to improve the quality of regulations; and developing improvements to their regulatory systems. Each Party, through its Designated Representative, intends to establish or maintain central regulatory coordinating bodies or mechanisms within their mandates and consistent with the laws of the territory represented by the Party.
Article 3.4. Internal Consultation, Coordination, and Review
1. Each Party, through its Designated Representative, shall adopt or maintain processes or mechanisms to pursue, among others, the following objectives:
(a) promoting adherence to good regulatory practices, including those set forth in this Chapter, by all regulatory authorities;
(b) identifying and developing improvements to regulatory processes by all regulatory authorities;
(c) identifying potential overlap or duplication between proposed and existing regulations and preventing the creation of inconsistent requirements by all regulatory authorities;
(d) reviewing regulations early in the development process to take into account compliance with international trade and investment obligations, including, as appropriate, review of the use of relevant international standards, guides, and tecommendations;
(e) promoting consideration of regulatory impacts, including burdens on small enterprises, of information collection and implementation; and
(f) encouraging regulatory approaches that promote job creation, innovation, and competition in the marketplace.
2. Each Party, through its Designated Representative, shall make publicly available online a description of the processes or mechanisms referred to in paragraph 1. Each Party, through its Designated Representative, shall strive to provide that information on a website described in Article 3.7 or through links from that website.
Article 3.5. Information Quality
1. Each Party, through its Designated Representative, shall adopt or maintain publicly available guidance or mechanisms that encourage regulatory authorities, when developing a regulation, to:
(a) seek the best, reasonably obtainable information, including scientific, technical, economic, or other information, relevant to the regulation they are developing;
(b) rely on information that is appropriate for the context in which it is used; and
(c) identify sources of information in a transparent manner, as well as any significant assumptions and limitations.
2. If a regulatory authority systematically collects information from members of the Party, through its Designated Representative, shall provide that the regulatory authority should:
(a) use sound statistical methodologies before drawing generalized conclusions concerning the impact of the regulation on the population affected by the regulation; and
(b) avoid unnecessary duplication and otherwise minimize unnecessary burdens on those being surveyed.
Article 3.6. Early Planning
1. Each Party, through its Designated Representative, shall make publicly available online annually a list of regulations reasonably expected to be adopted, or proposed to be adopted, within the following 12 months. Each regulation identified in the list shall be accompanied by:
(a) a concise description of the planned regulation;
(b) a point of contact for a knowledgeable individual in the regulatory authority responsible for the regulation; and
(c) an indication, if known, of sectors to be affected and whether there is any expected significant effect on international trade or investment.
2. Entries in the list should include, to the extent available, time periods for subsequent actions, including time periods for those providing opportunities for public comment under Article 3.9.
3. Each Party, through its Designated Representative, shall strive to provide the information in paragraphs 1 and 2 on the website described in Article 3.7.3.
Article 3.7. Regulatory Transparency Tools
1. The Parties, through their Designated Representatives, recognize that using information technology can enhance processes for developing and implementing regulations, improve a regulatory authority's operational performance, provide greater access to information, and increase participation in the regulatory process. Accordingly, each Party, through its Designated Representative, shall use information technology tools that increase transparency and efficiency, where appropriate.
2. Each Party, through its Designated Representative, shall ensure that final regulations are published and maintained ona single, free, publicly available website. On the website, each Party, through its Designated Representative, shall endeavor to organize the regulations by regulatory authority or regulatory area to allow for ease of use, including searchability.
3. Each Party, through its Designated Representative, shall maintain a single, free, publicly available website that, to the extent practicable, contains all information required for publication pursuant to Article 3.9.
4. A Party, through its Designated Representative, may comply with paragraph 3 by making publicly available information on, and providing for the submission of comments through, more than one website, provided the information can be accessed, and submissions can be made, from a single web portal that links to other websites.
5. Each Party, through its Designated Representative, shall allow for the acceptance of digital signatures and digital record submissions for regulatory approvals and compliance documentation, where appropriate.
Article 3.8. Use of Plain Language
Each Party, through its Designated Representative, should provide that proposed and final regulations are written using plain language to ensure that regulations are written in a clear, concise, and well-organized manner, recognizing that some regulations address technical issues and that relevant expertise may be required to understand or apply them.
Article 3.9. Transparent Development of Regulations
1. During the period described in paragraph 2, when a regulatory authority is developing a regulation, the Party, through its Designated Representative, shall, under normal circumstances, (1) publish:
(a) the proposed text of the regulation along with its regulatory impact assessment, if any;
(b) an explanation of the regulation, including its objectives, how the regulation achieves those objectives, the rationale for the material features of the regulation, and any major alternatives being considered;
(c) an explanation of the data, other information, and analyses the regulatory authority relied upon to support the regulation; and
(d) the name and contact information of an individual official from the regulatory authority with lead responsibility for developing the regulation who may be contacted concerning questions regarding the regulation.
At the same time the Party, through its Designated Representative, publishes the information listed in subparagraphs (a) through (d), the Party, through its Designated Representative, shall also make publicly available data, other information, and scientific and technical analyses the regulatory authority relied upon in support of the regulation, including any risk assessment.
2. Each Party, through its Designated Representative, shall publish the items required to be published under paragraph 1 before the regulatory authority finalizes its work on a regulation (2) and at a time that will enable the regulatory authority to take into account the comments received and, as appropriate, make revisions to the text of the regulation published under paragraph 1(a).
3. After the items identified in paragraph 1 have been published, the Party, through its Designated Representative, shall ensure that any interested person, regardless of domicile, has an opportunity, on terms no less favorable than those afforded to a person of the territory represented by the Party, to submit written comments on the items identified in paragraph 1 for consideration by the relevant regulatory authority. Each Party, through its Designated Representative, shall allow interested persons to submit any comments or other input electronically and may also allow written submissions by mail to a published address or through another technology.
4. If a Party, through its Designated Representative, expects a proposed regulation to have a significant impact on international trade or investment, the Party, through its Designated Representative, should normally provide a time period to submit written comments or other input on the items published in accordance with paragraph 1 that is:
(a) not less than 60 days from the date the items identified in paragraph 1 are published; or
(b) a longer time period, as appropriate due to the nature and complexity of the regulation, in order to provide interested persons adequate opportunity to understand how the regulation may affect their interests and to develop informed responses.
5. With respect to proposed regulations not covered by paragraph 4, each Party, through its Designated Representative, shall endeavor, under normal circumstances, to provide a time period to submit written comments or other input on the information published in accordance with paragraph 1 that is not less than four weeks from the date the items identified in paragraph 1 are published.
6. Each Party, through its Designated Representative, shall consider reasonable requests to extend the comment period under paragraph 4 or 5 to submit written comments or other input on a proposed regulation.
7. Each Party, through its Designated Representative, shall, without undue delay, make publicly available online any written comments received respecting proposed regulations, except to the extent necessary to protect confidential information or withhold personal identifying information or inappropriate content. Ifitis impracticable to make publicly available online all the comments on the website provided for in Article 3.7.3, the Party, through its Designated Representative, shall endeavor to make those comments publicly available on the website of the relevant regulatory authority. Each Party, through its Designated Representative, shall also normally make publicly available online a list, docket, or other form of compilation, identifying persons, according to their self- identification, that have submitted public comments.
8. Before a regulatory authority finalizes its work on a regulation, each Party, through its Designated Representative, shall evaluate any relevant information provided in written comments received during the comment period.
9. When a regulatory authority finalizes its work on a regulation, the Party, through its Designated Representative, shall, without undue delay, make publicly available online the text of the regulation, any final regulatory impact assessment, and other items as set out in Article 3.12.
10. Each Party, through its Designated Representative, shall strive to publish items identified in this Article that are generated by the regulatory authorities in a format that can be read and digitally processed through word searches and data mining by a computer or other technology.
Article 3.10. Expert Advisory Groups and Bodies
1. The Parties, through their Designated Representatives, recognize that regulatory authorities may seek expert advice and recommendations with respect to the preparation or implementation of regulations from groups or bodies that include persons who are not representatives of the Parties or of the authorities of the territories represented by the Parties. The Parties, through their Designated Representatives, also recognize that obtaining that advice and those recommendations should be a complement to, rather than a substitute for, the procedures for seeking public comment pursuant to Article 3.9.3.
2. For the purposes of this Article, an expert group or body means a group or body: (a) established by the central level authorities of the territory represented by the Party;
(b) the membership of which includes persons who are not employees or contractors of a Party or of the authorities of the territory represented by the Party; and
(c) the function of which includes providing advice or recommendations, including of a scientific or technical nature, to a regulatory authority with respect to the preparation or implementation of regulations.
This Article does not apply to a group or body that is established to enhance coordination between the authorities of the territory represented by a Party or to provide advice related to international affairs or the essential security interests of the authorities of the territory represented by the Party.
3. Each Party, through its Designated Representative, shall ensure that the membership of any expert group or body established by the regulatory authorities includes a range and diversity of views and interests, as appropriate to the particular context.
4. Recognizing the importance of keeping the public informed with respect to the purpose, membership, and activities of expert groups and bodies, and that those expert groups or bodies can provide an important additional perspective or expertise on matters affecting the operations of the authorities of the territory represented by a Party, each Party, through its Designated Representative, shall encourage the regulatory authorities to provide public notice of:
(a) the name of any expert group or body they create or use, and the names of the members of the group or body and their affiliations;
(b) the mandate and functions of the expert group or body;
(c) information about upcoming meetings of an expert group or body;
(d) asummary of the outcome of any meeting of an expert group or body; and
(e) a summary of the final outcome on any substantive matter considered by an expert group or body.
5. Each Party, through its Designated Representative, shall make publicly available, preferably on the relevant regulatory authority's website, any final documents made available to or prepared for or by the expert group or body, except to the extent necessary to protect confidential information or withhold personal identifying information.