(g) identify the specific factual or legal issues in the arbitration to which the applicant will refer in its written communication;
(h) be drafted in the language of the arbitration.
2. The written communication from a non-disputing party shall:
(a) The deadline set by the court is the deadline set by the court;
(b) dated and signed by the applicant;
(c) be concise and in no case shall exceed twenty (20) pages, including annexes and appendices;
(d) duly substantiate its position; and
(e) only make reference to the subjects indicated in its application, in accordance with subparagraph 1 (g).
Chapter 13. Cross-Border Trade In Services
Article 13.1. Scope of Application
1. This Chapter applies to measures adopted or maintained by a Party affecting cross-border trade in services supplied by service suppliers of the other Party. Such measures include measures affecting:
(a) the production, distribution, marketing, sale and supply of a service;
(b) the purchase or use of, or payment for, a service;
(c) access to and use of distribution and transportation systems, or telecommunications networks and services related to the supply of a service;
(d) the presence in its territory of a service supplier of the other Party; and
(e) the provision of a bond or other form of financial guarantee as a condition for the provision of a service.
2. For the purposes of this Chapter, measures adopted or maintained by a Party means measures adopted or maintained by:
(a) central, regional or local governments or authorities; and
(b) non-governmental institutions in the exercise of powers delegated to them by central, regional or local governments or authorities.
3. This Chapter does not apply to:
(a) air services (1), including domestic and international air transport services, scheduled and non-scheduled, as well as related support services for air services, except:
(i) aircraft repair and maintenance services while the aircraft is out of service;
(ii) the sale and marketing of air transportation services; and
(iii) computerized reservation system (CRS) services;
(b) public procurement;
(c) subsidies or grants provided by a Party, including government-supported loans, guarantees, and insurance; and
(d) financial services, as defined in Chapter 14 (Financial Services).
4. Articles 13.2, 13.5, 13.9 and 13.10 shall apply to measures of a Party that affect the supply of a service in its territory by a covered investment (2).
5. This Chapter does not impose any obligation on a Party with respect to a national of the other Party seeking to enter its labor market or to have permanent employment in its territory, or to confer any rights on that national with respect to such access or employment, nor shall it apply to measures relating to citizenship or residence on a permanent basis.
6. Nothing in this Chapter shall be construed to impose any obligation on a Party with respect to its immigration measures.
7. This Chapter does not apply to services supplied in the exercise of governmental authority. A service supplied in the exercise of governmental authority means any service that is supplied neither on a commercial basis nor in competition with one or more service suppliers.
Article 13.2. Subsidies
Notwithstanding Article 13.1.3(c), if the results of the negotiations related to Article XV.1 of the WTO GATS enter into force for each Party, this Article shall be reviewed jointly, as appropriate, with a view to determining whether this Article should be modified so that those results are incorporated into this Agreement. The Parties agree to coordinate such negotiations, as appropriate.
Article 13.3. National Treatment
Each Party shall accord to service suppliers of the other Party treatment no less favorable than that it accords, in like circumstances, to its service suppliers.
Article 13.4. Most-Favored-Nation Treatment
Each Party shall accord to service suppliers of the other Party treatment no less favorable than that it accords, in like circumstances, to service suppliers of a non-Party.
Article 13.5. Market Access
No Party may adopt or maintain, on the basis of a regional subdivision or its entire territory, measures that:
(a) impose limitations on:
(i) the number of service providers, either in the form of numerical quotas, monopolies or exclusive service providers or by requiring an economic needs test;
(ii) the total value of assets or service transactions in the form of numerical quotas or by requiring an economic needs test;
(iii) the total number of service operations or the total amount of service output, expressed in designated numerical units, in the form of quotas or by requiring an economic needs test (3) ;
(iv) the total number of natural persons who may be employed in a given service sector or who may be employed by a service supplier and who are necessary for and directly related to the supply of a specific service, in the form of numerical quotas or through the requirement of an economic needs test; or
(b) restrict or prescribe the specific types of legal entity or joint venture through which a service supplier may supply a service.
Article 13.6. Local Presence
No Party may require a service supplier of the other Party to establish or maintain a representative office or other form of enterprise, or to reside in its territory, as a condition for the cross-border supply of a service.
Article 13.7. Nonconforming Measures
1. Articles 13.3, 13.4, 13.5 and 13.6 do not apply to:
(a) any existing non-conforming measure maintained by a Party in:
(i) the central level of government, as stipulated by that Party in its Schedule to Annex I;
(ii) a regional level of government, as specified by that Party in its Schedule to Annex I; or
(iii) a local level of government;
(b) the continuation or prompt renewal of any nonconforming measure referred to in subparagraph (a); or
(c) the modification of any non-conforming measure referred to in subparagraph (a), provided that such modification does not diminish the conformity of the measure, as in effect immediately before the modification, with Articles 13.3, 13.4, 13.5 or 13.6.
2. Articles 13.3, 13.4, 13.5 and 13.6 do not apply to any measures that a Party adopts or maintains in relation to sectors, subsectors or activities as set out in its Schedule to Annex II.
Article 13.8. Notification (4)
1. In the event that a Party makes an amendment or modification to any existing non-conforming measure set out in its Schedule to Annex I, in accordance with Article 13.7.1(c), the Party shall notify the other Party, as soon as practicable, of such amendment or modification.
2. In the event that a Party adopts a measure after the entry into force of this Agreement with respect to the sectors, subsectors or activities set out in its Schedule to Annex II, the Party shall, to the extent possible, notify the other Party of such measure.
Article 13.9. Transparency In the Development and Application of the Regulations (5)
In addition to Chapter 19 (Transparency):
(a) each Party shall establish or maintain appropriate mechanisms for responding to inquiries from interested persons concerning its regulations relating to matters covered by this Chapter (6) ;
(b) at the time of adopting final regulations relating to the subject matter of this Chapter, each Party shall respond in writing, to the extent practicable, including upon request, to substantive comments received from interested persons with respect to the proposed regulations; and
(c) to the extent possible, each Party shall allow a reasonable period of time between the publication of final regulations and the date on which they enter into force.
Article 13.10. National Regulations
1. The Parties shall ensure that all measures of general application to which this Chapter applies are administered in a reasonable, objective and impartial manner. This obligation shall not apply to measures covered by Annex I or to measures covered by Annex II of each Party.
2. Where a Party requires authorization for the supply of a service, the competent authorities of that Party shall, within a reasonable period of time after the submission of an application considered complete in accordance with its domestic laws and regulations, inform the applicant of the decision regarding its application. At the request of such applicant, the competent authorities of the Party shall, without undue delay, provide information concerning the status of the application. This obligation shall not apply to authorization requirements covered by Article 13.7.2.
3. In order to ensure that measures relating to qualification requirements and procedures, technical standards and licensing requirements do not constitute unnecessary barriers to trade in services, each Party shall endeavor to ensure, in a manner appropriate to each individual sector, that such measures do not constitute unnecessary barriers to trade in services:
(a) based on objective and transparent criteria, such as competence and ability to provide the service;
(b) are not more burdensome than necessary to ensure quality of service; and
(c) in the case of licensing procedures, do not in themselves constitute a restriction on the supply of the service.
4. The Parties recognize their mutual obligations relating to domestic regulation in Article VI.4 of the WTO GATS and affirm their commitment to the development of any necessary disciplines under Article VI.4. To the extent that any such disciplines are adopted by WTO Members, the Parties shall jointly review them, as appropriate, with a view to determining whether this Article should be modified so that such results are incorporated into this Agreement.
Article 13.11. Mutual Recognition
1. For the purposes of complying, in whole or in part, with its standards or criteria for the authorization or certification of service suppliers or the licensing of service suppliers, and subject to the requirements of paragraph 4, a Party may recognize education or experience obtained, requirements met, or licenses or certificates granted in a particular country. Such recognition, which may be effected through harmonization or otherwise, may be based on an agreement or arrangement with the country concerned or may be granted autonomously.
2. Where a Party recognizes, autonomously or by means of an agreement or arrangement, education or experience obtained, qualifications completed, or licenses or certificates granted in the territory of a non-Party, nothing in Article 13.4 shall be construed to require the Party to grant such recognition to education or experience obtained, qualifications completed, or licenses or certificates granted in the territory of the other Party.
3. A Party that is a party to an existing or future agreement or arrangement of the type referred to in paragraph 1 shall provide adequate opportunities for the other Party, if the other Party is interested, to negotiate its accession to such an agreement or arrangement or to negotiate comparable agreements or arrangements with it. Where a Party grants recognition autonomously, it shall provide adequate opportunities for the other Party to demonstrate that education, experience, licenses or certificates obtained or requirements fulfilled in the territory of that other Party should be subject to recognition.
4. No Party shall grant recognition in a manner that would constitute a means of discrimination between countries in the application of its standards or criteria for the authorization or certification of service suppliers or the licensing thereof, or a disguised restriction on trade in services.
5. The Parties shall endeavor, to the extent possible, to encourage relevant professional services bodies in their territory to consider the use of standards and criteria in Annex 13.11 (Professional Services) in discussions for a potential agreement or arrangement referred to in paragraph 1.
Article 13.12. Transfers and Payments
1. Each Party shall allow all transfers and payments related to the cross-border supply of services to be made freely and without delay into and out of its territory.
2. Each Party shall allow all transfers and payments related to the cross-border supply of services to be made in freely circulating currency at the market rate of exchange prevailing on the date of transfer.
3. Notwithstanding paragraphs 1 and 2, a Party may prevent or delay the completion of the transfer or payment, through the equitable, non-discriminatory and good faith application of its national law with respect to:
(a) bankruptcy, insolvency or protection of creditors' rights;
(b) issuance, trading or operation of securities, futures, options or derivatives;
(c) financial reporting or record keeping of transfers when necessary to assist law enforcement or financial regulatory authorities;
(d) criminal or penal infractions; or
(e) guarantee of compliance with judicial or administrative orders or rulings.
Article 13.13. Denial of Benefits
Subject to prior notification in accordance with Article 19.3 (Provision of Information) and consultations (7), a Party may deny the benefits of this Chapter to:
(a) a service supplier of the other Party if the service supplier is an enterprise owned or controlled by persons of a non-Party and the enterprise does not have substantial business activities in the territory of the other Party; or
(b) a service supplier of the other Party if the service supplier is an enterprise owned or controlled by persons of the denying Party and the enterprise has no substantial business activities in the territory of the other Party.
Article 13.14. Implementation
The Parties shall consult annually, or as otherwise agreed, to review the implementation of this Chapter and to consider other matters of trade in services of mutual interest.
Article 13.15. Definitions
For the purposes of this Chapter:
cross-border trade in services or cross-border supply o f services means the supply of a service:
(a) from the territory of one Party to the territory of the other Party;
(b) in the territory of a Party, by a person of that Party, to a person of the other Party; or
(c) by a national of a Party in the territory of the other Party;
but does not include the supply of a service in the territory of a Party by a covered investment or by an investor of the other Party, as defined in Article 12.30 (Definitions);
company means a company as defined in Article 1.5 (Definitions of General Application) and a branch of a company;
existing means in effect on the date of entry into force of this Agreement;
service supplier of a Party means a person of that Party that intends to supply or does supply a service (8);
aircraft repair and maintenance services means activities performed on an aircraft or part of an aircraft while the aircraft is out of service and does not include so-called line maintenance;
computer reservation system (CRS) services means services provided through computerized systems that contain information about air carriers' schedules, seat availability, fares and fare-setting rules, and through which reservations can be made or tickets issued;
professional services means services that require higher education (9) or equivalent training or experience for their supply and the exercise of which is authorized or restricted by a Party, but does not include services supplied by persons engaged in a trade or to crew members of merchant ships and aircraft; and
sale or marketing of an air transport service means the opportunities for the air carrier concerned to freely sell and market its air transport services, and all aspects of marketing, such as market research, advertising and distribution, but does not include the pricing of air transport services or the applicable terms and conditions.
Appendix 13.11. Professional Services
Development of Professional Services Standards
1. Each Party shall encourage the relevant bodies in its respective territory to develop mutually acceptable standards and criteria for the licensing and certification of professional service suppliers, as well as to submit to the Commission recommendations on their mutual recognition.
2. The standards and criteria referred to in paragraph 1 may be developed in relation to the following aspects:
(a) education: accreditation of educational institutions or academic programs;
(b) examinations: qualifying examinations for licensing, including alternative methods of evaluation, such as oral examinations and interviews;
(c) experience: duration and nature of experience required to obtain a license;
(d) conduct and ethics: standards of professional conduct and the nature of disciplinary measures in the event of a breach of these standards;
(e) professional development and certification renewal: continuing education and the corresponding requirements to maintain professional certification;
(f) scope of action: scope or limits of authorized activities; and
(g) local knowledge: requirements on knowledge of aspects such as laws, regulations, language, geography or local climate.
3. Upon receipt of a recommendation referred to in paragraph 1, the Commission shall review it within a reasonable period of time to decide whether it is consistent with this Agreement. On the basis of the Commission's review, each Party shall encourage its respective competent authorities to implement that recommendation, where appropriate, within a mutually agreed period of time.
Temporary Licenses
4. For mutually agreed individual professional services, each Party shall encourage the competent bodies in its territory to develop procedures for the granting of temporary licenses to professional service suppliers of the other Party.
Professional Services Working Groups
5. The Parties, by mutual agreement, may form working groups on professional services, including representatives of relevant professional bodies of each Party, to facilitate the activities listed in paragraphs 1 and 4.
6. Working groups may consider, for individual professional services, the following issues:
(a) developing workable procedures on standards for licensing and certification of professional service providers; and
(b) other matters of mutual interest related to the provision of professional services.
7. The working groups should report to the Commission on their progress and future direction with respect to their work.
Review
8. The Commission shall review the implementation of this Annex at least once every three (3) years.
Chapter 14. Financial Services
Article 14.1. Scope of Application and Coverage
1. This Chapter applies to a measure adopted or maintained by a Party relating to:
(a) a financial institution of the other Party;
(b) an investor of the other Party, or an investment of such investor, in a financial institution in the territory of the Party; and
(c) cross-border trade in financial services.
2. Chapters 12 (Investment) and 13 (Cross-Border Trade in Services) shall apply to the measures described in paragraph 1 only to the extent that such Chapters or Articles of such Chapters are incorporated into this Chapter.
3. Articles 12.8 ( Environmental Measures), 12.10 ( Expropriation and Indemnification), 12.11 (Transfers), 12.12 (Denial of Benefits), 12.13 (Special Formalities and Reporting Requirements) and 13.13 (Denial of Benefits) are incorporated into and made an integral part of this Chapter (1).
4. Section B (Investor-State Dispute Settlement) of Chapter 12 (Investment) is incorporated into this Chapter and is an integral part of this Chapter only for those cases in which a Party is alleged to be in breach of Articles 12.10 (Expropriation and Compensation), 12.11 (Transfers), 12.12 (Denial of Benefits) or 12.13 (Special Formalities and Disclosure Requirements), as incorporated into this Chapter.
5. Article 13.12 (Transfers and Payments) is incorporated into and made an integral part of this Chapter to the extent that cross-border trade in financial services is subject to the obligations under Article 14.6.
6. This Chapter does not apply to measures adopted or maintained by a party relating to:
(a) activities or services that are part of social security systems and/or pension plans and/or schemes established by law, whether public or private; or