(b) provide the Parties with a copy of any information or technical advice it has received pursuant to paragraph 34 and provide them with an adequate period to submit their comments.
36. When the Panel takes into consideration the information or technical advice it has received pursuant to paragraph 34 in preparing its report, it shall also take into consideration any comments or observations submitted by the disputing Parties with respect to such information or technical advice.
Language
37. Unless otherwise agreed by the Parties, the proceedings of the Panel shall be conducted in Spanish. The foregoing applies to oral and written submissions.
38. The initial and final reports of the Panel will be issued in Spanish.
Chapter 22. TRANSPARENCY
Article 22.1. PUBLICATION
1. Each Party shall ensure, to the extent permitted by its law, that its laws, regulations, procedures and administrative rulings of general application relating to any matter covered by this Agreement are promptly published, to the extent practicable, or otherwise made available for the information of interested persons and of the other Party.
2. To the extent possible, each Party:
(a) publish in advance any measure, referred to in paragraph 1, which it intends to adopt; and
(b) give interested persons and the other Party a reasonable opportunity to comment on the proposed measures.
Article 22.2. NOTIFICATION AND PROVISION OF INFORMATION
1. Each Party shall notify the other Party, to the extent practicable, of any existing or proposed measures that the Party believes could materially affect the operation of this Agreement, or otherwise materially affect the interests of the other Party under this Agreement.
2. A Party shall, upon request of the other Party, provide information and promptly respond to its questions concerning any measure in force or proposed, whether or not the other Party has been previously notified of such measure.
3. Any notification or provision of information referred to in this Article shall be made without prejudice to whether or not the measure is compatible with this Agreement.
Article 22.3. ADMINISTRATIVE PROCEDURES
In order to administer in a consistent, impartial and reasonable manner all measures of general application affecting matters covered by this Agreement, each Party shall ensure that, in its administrative procedures applying the measures referred to in Article 22.1 with respect to particular persons, goods or services of the other Party in specific cases:
(a) whenever possible, persons of the other Party who are directly affected by a proceeding shall, in accordance with domestic provisions, be given reasonable notice of the institution of the proceeding, including a description of its nature, a statement of the legal basis under which the proceeding is instituted, and a general description of all issues in dispute;
(b) when time, the nature of the proceeding and the public interest permit, such persons are given a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action; and
(c) its procedures are in accordance with the laws of that Party.
Article 22.4. REVIEW AND CHALLENGE
1. Each Party shall establish or maintain courts or tribunals or procedures of a judicial or administrative nature for the purpose of the prompt review and, where warranted, correction of final administrative actions relating to matters covered by this Agreement. Such tribunals shall be impartial and not connected with the administrative enforcement agency or authority, and shall have no substantial interest in the outcome of the matter.
2. Each Party shall ensure that, before such courts or in such proceedings, the parties have the right to:
(a) a reasonable opportunity to support or defend their respective positions; and
(b) a decision based on the evidence and submissions or, in cases where required by law, on the record compiled by the administrative authority.
3. Each Party shall ensure, subject to challenge or further review as provided in its law, that such rulings are implemented by, and govern the practice of, the agency or authority with respect to the administrative action that is the subject of the decision.
Article 22.5. SPECIFIC RULES
The provisions of this Chapter are without prejudice to the specific rules established in other Chapters of this Agreement.
Article 22.6. DEFINITION
For the purposes of this Chapter:
administrative ruling of general application means an administrative ruling or interpretation that applies to all persons and facts generally within its scope and that establishes a standard of
conduct, but does not include:
(a) a determination or ruling made in an administrative proceeding that applies to particular persons, goods or services of the other Party, in a specific case; or
(b) a resolution that decides with respect to a particular act or practice.
Chapter 23. ADMINISTRATION OF THE AGREEMENT
Article 23.1. FREE TRADE COMMISSION
1. The Parties establish the Free Trade Commission, composed of representatives of each Party, which shall be chaired by both the Minister of Commerce, Industry and Tourism of the Republic of Colombia and the Minister of Commerce and Industries of the Republic of Panama, or their successors. The Ministers may be represented by persons designated by them.
2. The Commission shall have the following functions:
(a) supervise the implementation of this Agreement;
(b) to review the general operation of this Agreement;
(c) supervise the work of the Committees, Subcommittees and Working Groups, established in accordance with this Agreement, which are listed in Annex 23-A;
(d) consider any other matter that may affect the operation of this Agreement.
3. The Commission may:
(a) to establish new Committees, Subcommittees and Working Groups and to adopt the necessary measures for their operation;
(b) delegate responsibilities to Committees, Subcommittees and Working Groups;
(c) modify:
(i) the deadlines set forth in Annex 2-B (Tariff Elimination), in order to accelerate tariff elimination or tariff elimination;
(ii) the Schedule of goods of a Party to Annex 2-B (Tariff Elimination) for the purpose of incorporating one or more goods excluded from such Schedules;
(iii) the rules of origin established in Annex 3-A (Specific Rules of Origin);
(iv) the Uniform Regulations, Annexes 3-B (Certificates of Origin), 3-C (Instructions for Completing the Certificate of Origin), 3-D (Third Country Goods) and 4-A (Technical Cooperation and Mutual Administrative Assistance in Customs Matters);
(v) the list of entities referred to in Annex 12-A (Government Procurement);
(vi) the Model Rules of Procedure set forth in Annex 21-B and the Code of Conduct referred to in Article 21.8 (d);
(d) seek the advice of non-governmental individuals or groups, when it deems it appropriate;
(e) issue interpretations of the provisions of this Agreement;
(f) analyze any proposed amendments to this Agreement and make the respective recommendation to the Parties;
(g) examine the impacts of the benefits of this Agreement on small and medium-sized enterprises; and
(h) if agreed by the Parties, take any other action in the exercise of its functions.
4. The modifications referred to in subparagraph 3(c) shall be subject to compliance with the domestic legal procedures of each Party.
5. The Commission shall establish its own rules of procedure and its decisions shall be adopted by consensus of the Parties.
6. The Commission shall meet at least once a year at an ordinary meeting, or at the written request of any of the Parties. Unless otherwise agreed by the Parties, the regular meetings of the Commission shall be chaired successively by each Party and shall be held alternately in the territory of each Party or by any available technological means.
7. Each Party shall handle any confidential information exchanged at the sessions, within the framework of the Commission, on the same basis as the Party providing the information.
Article 23.2. AGREEMENT COORDINATORS
1. Each Party shall designate an Agreement Coordinator in accordance with Annex 23-B and notify the other Party within 60 days of the entry into force of this Agreement.
2. The Agreement Coordinators, jointly, shall:
(a) recommend to the Commission the creation of the bodies referred to in Art. 23.1.3 (a) that they deem necessary;
(b) coordinate preparations for the Commission's meetings;
(c) to follow up on the decisions adopted by the Commission, as appropriate; (d) act as a point of contact, receive notifications and information within its competence and facilitate communication between the Parties on any matter covered by this Agreement; (e) consider any other matters that may affect the operation of this Agreement as directed by the Commission.
3. Each Party may request in writing, at any time, that a meeting of the Coordinators be held to discuss specific issues. Such meeting shall be held within 30 days of receipt of the request.
Annex 23-A. COMMITTEES, SUBCOMMITTEES, WORKING GROUPS, AND CONTACT POINTS COMMITTEES:
(a) Committee on Trade in Goods (Art. 2.16);
(b) Committee on Rules and Procedures of Origin, Trade Facilitation, Technical Cooperation and Mutual Assistance in Customs Matters (Art. 4.13);
(c) Committee on Sanitary and Phytosanitary Measures (Art. 5.9);
(d) Committee on Technical Barriers to Trade (Art. 6.10);
(e) Intellectual Property Committee (Art. 8.11);
(f) Joint Committee on Environmental Matters (Art. 9.7);
(g) Joint Labor Affairs Committee (Art. 9.7);
(h) Public Contracting Committee (Art. 12.17);
(i) Financial Services Committee (Art. 16. 14).
SUBCOMMITTEE:
(a) Agricultural Subcommittee (Art. 2.15)
WORKING GROUPS:
(a) Sanitary and Phytosanitary Measures: Ad hoc Working Group (Art. 5.5);
(b) Sanitary and Phytosanitary Measures: Ad hoc Working Group (Art. 5.7) (c) Temporary Entry of Business Persons: Working Group (Art. 20.5).
CONTACT POINTS:
(a) Chapter Sanitary and Phytosanitary Measures: Point of Contact (Annex 5- B);
(b) Chapter Technical Barriers to Trade: Points of Contact (Annex 6-A);
(c) Environmental Chapter: National Contact Point (Art. 9.8);
(d) Labor Chapter: National Contact Point (Art.10.6);
(e) Chapter Cooperation and Trade Capacity Building: Contact Point (Art. 11.4);
(f) Chapter Customs Administration and Trade Facilitation: Contact Points for Annex 4-A (Article 14);
(g) Chapter Services and Maritime Transport: Points of Contact on Maritime Services (Art.17.11);
(h) Chapter Temporary Entry of Business Persons: Points of Contact (Art. 20.6).
Annex 23-B. AGREEMENT COORDINATORS
The Coordinating Bodies of each Party shall be:
(a) in the case of the Republic of Colombia, the agency designated by the Vice Minister of Foreign Trade;
(b) in the case of the Republic of Panama, the agency designated by the Office of International Trade Negotiations of the Ministry of Commerce and Industries;
or their successors.
Chapter 24. EXCEPTIONS
Article 24.1. GENERAL EXCEPTIONS
1. For the purposes of Chapter 2 (National Treatment and Market Access for Goods), Chapter 3 (Rules of Origin and Origin Procedures), Chapter 4 (Customs Administration and Trade Facilitation), Chapter 5 (Sanitary and Phytosanitary Measures) and Chapter 6 (Technical Barriers to Trade), Article XX of GATT 1994 and its interpretative notes are incorporated into this Agreement and form an integral part thereof mutatis mutandis. The Parties understand that the measures referred to in Article XX(b) of GATT 1994 include environmental measures necessary to protect human, animal or plant life or health, and that Article XX(g) of GATT 1994 applies to measures relating to the conservation of living or non-living exhaustible natural resources.
2. For the purposes of Chapter 14 (Investment), Chapter 15 (Cross-Border Trade in Services), Chapter 16 (Financial Services), Chapter 18 (Telecommunications), Chapter 19 (Electronic Commerce) and Chapter 20 (Temporary Entry of Business Persons), Article XIV of the GATS (including its footnotes) is incorporated into and made part of this Agreement mutatis mutandis. The Parties understand that the measures referred to in Article XIV(b) of the GATS include environmental measures necessary to protect human, animal or plant life or health.
3. The Parties understand that nothing in this Agreement shall be construed to prevent a Party from adopting or maintaining measures designed to preserve public order, provided that such measure is not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination.
Article 24.2. ESSENTIAL SAFETY
Nothing in this Agreement shall be construed to mean:
(a) oblige a Party to provide or give access to information the disclosure of which it considers contrary to its essential security interests; or
(b) prevent a Party from taking measures it considers necessary to protect its essential security interests:
(i) to fissile materials or those used for their manufacture;
(ii) to the traffic in arms, ammunition and war material, and to all trade in other articles and material intended directly or indirectly to ensure the supply of the armed forces;
(iii) to those applied in time of war or in case of serious international tension; or
(c) prevent a Party from taking measures in fulfillment of its obligations under the Charter of the United Nations for the maintenance of international peace and security.
Article 24.3. TAXATION
1. Except as provided in this Article, nothing in this Agreement shall apply to taxation measures.
2. This Agreement shall only confer rights or impose obligations with respect to taxation measures by virtue of corresponding rights or obligations granted or imposed under Article II of GATT 1994 and, with respect to services, under Articles I and XIV(d), including their footnotes, of the GATS, where applicable.
3. Nothing in this Agreement shall affect the rights and obligations of the Parties arising under any tax treaty in force between the Parties. In the event of any inconsistency between this Agreement and any such agreement, the agreement shall prevail to the extent of the inconsistency. In the case of a tax treaty between the Parties, the competent authorities under such treaty shall have sole responsibility for determining whether there is an inconsistency between this Agreement and such treaty.
Article 24.4. BALANCE OF PAYMENTS EXCEPTION
1. If a Party is experiencing, or is threatened with, serious balance of payments and external financial difficulties, or is threatened with such difficulties, it may adopt or maintain restrictive measures with respect to trade in goods and services and with respect to payments and capital movements, including those related to direct investment.
2. The Parties shall endeavor to avoid the application of the restrictive measures referred to in paragraph 1.
3. Restrictive measures adopted or maintained under this Article shall be non- discriminatory and of limited duration and shall not go beyond what is necessary to remedy the external balance of payments and financial situation. They shall be in accordance with the terms of the WTO Agreements and consistent with the Articles of Agreement of the International Monetary Fund, as appropriate.
4. The Party that maintains or has adopted restrictive measures, or any modification thereof, shall inform the other Party without delay and shall present, as soon as possible, a timetable for their elimination.
5. The Party applying restrictive measures shall initiate consultations without delay within the framework of Article 23.1 (Free Trade Commission). These consultations shall assess, the situation of balance of payments of that Party and the restrictions adopted or maintained under this Article, taking into account, inter alia, such factors as:
(a) the nature and extent of external financial and balance of payments difficulties;
(b) the external economic and trade environment of the Party subject to the consultations; and
(c) other possible corrective measures that may be used.
6. The consultations shall examine the conformity of any restrictive measures with paragraphs 3 and 4. Any statistical or other findings of fact presented by the International Monetary Fund on exchange, monetary reserves and balance of payments matters shall be accepted, and conclusions shall be based on the Fund's assessment of the external financial and balance of payments situation of the Party subject to the consultations.
Article 24.5. DISCLOSURE OF INFORMATION
Nothing in this Agreement shall be construed to require a Party to furnish or allow access to confidential information to the other Party the disclosure of which would impede the enforcement of its laws or which would be contrary to the public interest, or which would prejudice the legitimate commercial interest of public, joint or private enterprises.
Article 24.6. DEFINITIONS
For the purposes of this Chapter:
tax convention means a convention for the avoidance of double taxation or other international tax convention or arrangement; and
tax measures do not include a:
(a) a customs duty, as defined in Article 1.6 (Definitions of General Application); or
(b) the measures listed in subparagraphs (b) and (c) of the aforementioned definition of customs tariff.
Annex 24-A. COMPETENT AUTHORITIES
For the purposes of this Chapter:
competent authorities means:
(a) for the Republic of Colombia The Legal Advisory Office of the Ministry of Finance and Public Credit; and
(b) for the Republic of Panama The National Revenue Authority,
or their successors.
Chapter 25. FINAL PROVISIONS
Article 25.1. ANNEXES, APPENDICES AND FOOTNOTES
The Annexes, Appendices and footnotes to this Agreement are an integral part of this Agreement.
Article 25. AMENDMENTS
1. The Parties may agree on any amendment or addition to this Agreement.
2. When the amendment or addition is agreed and approved in accordance with the legal procedures of each Party, such amendment shall constitute an integral part of this Agreement and shall enter into force in accordance with Article 25.6, unless the Parties agree on a different time period.
Article 25.3. FUTURE NEGOTIATIONS
The parties agree that it is in their interest to deepen their trade relations through the development of this Agreement, For that purpose, they shall decide, on a mutually agreed basis, to initiate a process of negotiation within five years of the date of entry into force of this Agreement, and to this end shall decide on a mutually agreeable basis to initiate a process of negotiation within five years of the date of entry into force of this Agreement. entry into force of this Agreement to broaden and deepen market access conditions.
Article 25.4. AMENDMENT TO THE WTO AGREEMENT
If any provision of the WTO Agreement that the Parties have incorporated into this Agreement is amended, the Parties shall consult with a view to assessing the need to modify the provisions of this Agreement accordingly.
Article 25.5. RESERVATIONS
This Agreement shall not be subject to reservations.