(ii) upon request of the applicant, identify the additional information required to complete the application, or otherwise provide guidance on why the application is considered incomplete; and

(iii) provide the applicant with the opportunity (19) to provide the additional information that is required to complete the application;

however, if none of the above is practicable, and the application is rejected due to incompleteness, ensure that they so inform the applicant within a reasonable period of time after the rejection decision; and

Rejection of applications

(i) if an application is rejected, to the extent practicable, either upon their own initiative or upon request of the applicant, inform the applicant in writing of the reasons for rejection and, if applicable, the procedures for resubmission of an application. An applicant should not be prevented from submitting another application (20) solely on the basis of a previously rejected application.

15.2 The competent authorities of a Party shall ensure that authorization, once granted, enters into effect without undue delay, subject to applicable terms and conditions. (21)

Article 16. Multiple Applications

Each Party shall, to the extent practicable, avoid requiring an applicant to approach more than one competent authority for each application for authorization. If an investment is within the jurisdiction of multiple competent authorities, multiple applications for authorization may be required. In such cases, to the extent practicable and in accordance with its legal system, each Party is encouraged to utilize a single-entry point for the applications. Parties may use the single information portal referred to in paragraph 8.1 for that purpose.

Article 17. Authorization Fees

17.1 Each Party shall ensure that the authorization fees (22) charged by its competent authorities, where they exist, are reasonable, transparent, based on authority set out in a measure and do not in themselves restrict investment activities of investors of another Party.

17.2 Each Party shall accord, to the extent practicable, an adequate period of time between the publication of new or amended authorization fees and their entry into force, except in urgent circumstances. Such fees shall not be applied until information on them has been published.

Article 17Bis. Authorization Fees - Financial Services (23)

Each Party shall ensure that its competent authorities, with respect to authorization fees they charge regarding financial services, provide an applicant with a schedule of fees or information on how fee amounts are determined. A Party shall not use such fees as a means of avoiding the Party's commitments or obligations under this Agreement.

Article 18. Use of Information and Communication Technologies or E-Government (24)

Submission of Applications Online, Use of Electronic Forms, Documents and Copies

18.1 If a Party requires authorization for an investment, its competent authorities, taking into account their competing priorities and resource constraints, shall endeavour to accept electronic submission of applications, including in electronic format. (25)

Online payment of authorization fees

18.2 Each Party shall, to the extent practicable, allow the online payment of authorization fees collected by relevant competent authorities.

Article 19. Independence of Competent Authorities

If a Party adopts or maintains a measure relating to the authorization for an investment, the Party shall ensure that the competent authority reaches and administers its decisions in a manner independent from any investor or enterprise carrying out the economic activity for which authorization is required. (26)

Article 20. Appeal or Review

20.1 Each Party shall maintain or institute judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected investor, for the prompt review of, and where justified, appropriate remedies for, administrative decisions affecting investment activities. Such tribunals or procedures shall be impartial and independent of the authority entrusted with the administrative decision concerned and they shall not have any substantial interest in the outcome of the matter. Where such procedures are not independent of the authority entrusted with the administrative decision concerned, the Party shall ensure that the procedures in fact provide for an objective and impartial review.

20.2 Paragraph 20.1 shall not be construed to require a Party to institute such tribunals or procedures where this would be inconsistent with its constitutional structure or the nature of its legal system.

20.3 Each Party shall ensure that the parties in paragraph 20.1 are provided with the right to:

(a) a reasonable opportunity to support or defend their respective positions and submit all relevant information; and

(b) a decision based on the evidence and submissions of record or, where required by its law, the record compiled by the administrative authority.

20.4 The decision referred to in subparagraph 20.3 (b) shall, subject to appeal or further review as provided for in each Party's law, be implemented by the authority entrusted with administrative enforcement.

Article 21. Periodic Review

21.1 Each Party is encouraged to review, at intervals it deems appropriate, its measures of general application within the scope of this Agreement, to determine whether any of such measures it has implemented should be modified, streamlined, expanded or repealed so as to make the Party's investment facilitation regime more effective in achieving its policy objectives and in addressing the specific needs of MSMEs.

21.2 Each Party is encouraged to periodically review its authorization fees with a view to reducing their number and diversity.

21.3 Parties are encouraged to consider stakeholder feedback and make use of relevant international performance indicators. Parties are invited to share with the Committee their experiences in carrying out periodic reviews and policy recommendations resulting therefrom.

Section IV. FOCAL POINTS, DOMESTIC REGULATORY COHERENCE AND CROSS-BORDER COOPERATION

Article 22. Focal Points (27)

22.1 Each Party shall establish or maintain one or more focal points or appropriate mechanisms to:

(a) respond to enquiries (28) from investors or persons seeking to invest regarding the measures covered by this Agreement; and

(b) assist investors or persons seeking to invest in obtaining relevant information on measures covered by this Agreement from competent authorities.

22.2 Parties are encouraged not to require the payment of a fee for answering enquiries or assisting investors in obtaining relevant information.

22.3 Parties may assign additional functions to the focal points or appropriate mechanisms established under paragraph 22.1, such as to assist in resolving problems of investors or persons seeking to invest that may arise regarding measures covered by this Agreement or to recommend measures to improve the investment environment.

Article 23. Domestic Regulatory Coherence

23.1 When preparing major regulatory measures within the scope of this Agreement, each Party is encouraged to carry out, in accordance with its rules and procedures, an impact assessment (29) of such measures.

23.2 When conducting such impact assessments, the regulatory authority of the Party should offer reasonable opportunities, on a non-discriminatory basis, to any interested person to provide comments, and should take into consideration the potential impact of the proposed measures on investors, including MSMEs.

23.3 Each Party should ensure that, in accordance with its legal system, its competent authorities responsible for procedures related to investments, cooperate with one another and coordinate their activities in order to facilitate investment.

Article 24. Domestic Supplier Databases

24.1 Each Party is encouraged to promote the establishment of one or more domestic supplier database(s) (30) with the aim of making available to investors and persons seeking to invest, information on possible relevant domestic suppliers, including MSMEs. (31)

24.2 The database referred to in paragraph 24.1 may have, inter alia, the following features, where possible:

(a) be searchable by sector or industry, company, product or service, location, certifications, etc.;

(b) be available online; and

(c) be available in one of the WTO official languages.

24.3 Parties shall endeavour to ensure that domestic supplier databases are kept updated.

Article 25. Supplier-Development Programmes

Parties are encouraged, where appropriate and in a manner consistent with their legal systems and their international trade and investment obligations, to implement programmes that strengthen the capabilities of local suppliers, especially MSMEs, to meet sourcing demands of investors of another Party.

Article 26. Cross-Border Cooperation on Investment Facilitation

26.1 On request, a Party shall, to the extent practicable, respond to questions from another Party on any measure covered by this Agreement. Parties shall designate an enquiry point or use the focal points or appropriate mechanisms referred to in paragraph 22.1.

26.2 Parties shall, to the extent practicable, encourage cooperation between their respective competent authorities with respect to any matter falling within the scope of this Agreement. Areas for cooperation may include:

(a) exchange of information and sharing of experiences regarding the implementation of this Agreement;

(b) exchange of information on domestic investors; and

(c) the promotion of facilitation agendas with a view to increasing investment for development, including investment in and by MSMEs.

26.3 Parties are encouraged to inform the Committee about cooperation activities undertaken under this provision.

Section V. SPECIAL AND DIFFERENTIAL TREATMENT FOR DEVELOPING AND LEAST-DEVELOPED COUNTRY PARTIES

Article 27. General Principles

27.1 Parties should acknowledge the special difficulties experienced by developing, and particularly least-developed, country Parties in implementing the provisions of this Agreement.

27.2 Assistance and support for capacity building (32) should be provided to help developing and least-developed country Parties implement the provisions of this Agreement, in accordance with their nature and scope (33).

27.3 The extent and the timing of implementation of the provisions of this Agreement shall be related to the implementation capacities of developing and least-developed country Parties. Where a developing or least-developed country Party continues to lack the necessary capacity, implementation of the provision(s) concerned will not be required until implementation capacity has been acquired.

27.4 Least-developed country Parties will only be required to undertake commitments to the extent consistent with their individual development and financial needs or their administrative and institutional capabilities.

27.5 These General Principles shall be applied through the provisions set out in this Section.

Article 28. Categories of Provisions

28.1 There are three categories of provisions:

(a) Category A contains provisions that a developing country Party or a least-developed country Party designates for implementation upon entry into force of this Agreement, or in the case of a least-developed country Party within one year after entry into force, as provided in Article 29;

(b) Category B contains provisions that a developing country Party or a least-developed country Party designates for implementation on a date after a transitional period of time following the entry into force of this Agreement, as provided in Article 30; and

(c) Category C contains provisions that a developing country Party or a least-developed country Party designates for implementation on a date after a transitional period of time following the entry into force of this Agreement and requiring the acquisition of implementation capacity through the provision of assistance and support for capacity building, as provided in Article 30.

28.2 Each developing and least-developed country Party shall self-designate, on an individual basis, the provisions it is including under Category A, Category B and Category C. These self-designations shall be guided by the self-assessment of compliance levels and implementation needs of developing and least-developed country Parties.

Article 29. Notification and Implementation of Category a

29.1 Upon entry into force of this Agreement, each developing country Party shall implement its Category A commitments. Those commitments designated under Category A shall thereby constitute an integral part of this Agreement.

29.2 A least-developed country Party may notify the Committee of the provisions it has designated in Category A for up to one year after entry into force of this Agreement. Each least-developed country Party's commitments designated under Category A shall thereby constitute an integral part of this Agreement.

Article 30. Notification of Dates for Implementation of Categories B and C

30.1 With respect to the provisions that a developing country Party has not designated in Category A, the Party may delay implementation in accordance with the process set out in this provision.

Developing Country Party Category B

(a) Upon entry into force of this Agreement, each developing country Party shall notify the Committee of the provisions that it has designated in Category B and their corresponding indicative dates for implementation. (34)

(b) No later than one year following the entry into force of this Agreement, each developing country Party shall notify the Committee of its definitive dates for implementation of the provisions it has designated in Category B. If a developing country Party, before this deadline, believes it requires additional time to notify its definitive dates, the Party may request that the Committee extend the period sufficiently to notify its dates.

Developing Country Party Category C

(c) Upon entry into force of this Agreement, each developing country Party shall notify the Committee of the provisions that it has designated in Category C and their corresponding indicative dates for implementation. For transparency purposes, notifications submitted shall include information on the assistance and support for capacity building that the Party requires in order to implement. (35)

(d) Within one year following the entry into force of this Agreement, developing country Parties and relevant donor Parties, taking into account any existing arrangements already in place, notifications pursuant to paragraph 36.1 and information submitted pursuant to subparagraph 30.1(c}, shall provide information to the Committee on the arrangements maintained or entered into that are necessary to provide assistance and support for capacity building to enable implementation of Category C provisions. (36)

(e) The participating developing country Party shall promptly inform the Committee of such arrangements. The Committee shall also invite non-Member donors to provide information on existing or concluded arrangements.

(f) Within 18 months from the date of the provision of the information stipulated in subparagraph 30.1(d}, donor Parties and respective developing country Parties shall inform the Committee of the progress in the provision of assistance and support for capacity building. Each developing country Party shall, at the same time, notify its list of definitive dates for implementation.

30.2 With respect to those provisions that a least-developed country Party has not designated under Category A, least-developed country Parties may delay implementation in accordance with the process set forth in this Article.

Least-Developed Country Party Category B

(a) No later than one year following the entry into force of this Agreement, a least-developed country Party shall notify the Committee of its Category B provisions and may notify their corresponding indicative dates for implementation of these provisions, taking into account maximum flexibilities for least-developed country Parties.

(b) No later than two years after the notification date stipulated under subparagraph 30.2(a), each least-developed country Party shall notify the Committee to confirm designations of provisions and notify its definitive dates for implementation. If a least-developed country Party, before this deadline, believes it requires additional time to notify its definitive dates, the Party may request that the Committee extend the period sufficiently to notify its dates.

Least-Developed Country Party Category C

(c) For transparency purposes and to facilitate arrangements with donors, one year following the entry into force of this Agreement, each least-developed country Party shall notify the Committee of the provisions it has designated in Category C, taking into account maximum flexibilities for least-developed country Parties.

(d) One year after the date stipulated in subparagraph 30.2(c), least-developed country Parties shall notify information on assistance and support for capacity building that the Party requires in order to implement. (37)

(e) No later than two years after the notification under subparagraph 30.2(d), least-developed country Parties and relevant donor Parties, taking into account information submitted pursuant to subparagraph 30.2(d), shall provide information to the Committee on the arrangements maintained or entered into that are necessary to provide assistance and support for capacity building to enable implementation of Category C provisions. (38) The participating least-developed country Party shall promptly inform the Committee of such arrangements. The least-developed country Party shall, at the same time, notify indicative dates for implementation of corresponding Category C commitments covered by the assistance and support arrangements. The Committee shall also invite non-Member donors to provide information on existing and concluded arrangements.

(f) No later than 18 months from the date of the provision of the information stipulated in subparagraph 30.2(e), relevant donor Parties and respective least-developed country Parties shall inform the Committee of the progress in the provision of assistance and support for capacity building. Each least-developed country Party shall, at the same time, notify the Committee of its list of definitive dates for implementation.

30.3 Developing and least-developed country Parties experiencing difficulties in submitting definitive dates for implementation within the deadlines set out in paragraphs 30.1 and 30.2 because of the lack of donor support or lack of progress in the provision of assistance and support for capacity building should notify the Committee as early as possible prior to the expiration of those deadlines. Parties agree to cooperate to assist in addressing such difficulties, taking into account the particular circumstances and special problems facing the Party concerned. The Committee shall, as appropriate, take action to address the difficulties including, where necessary, by extending the deadlines for the Party concerned to notify its definitive dates.

30.4 Three months before the deadline stipulated in subparagraphs 30.1(b) or 30.1(f}, or in the case of a least-developed country Party, subparagraphs 30.2(b) or 30.2(f), the Secretariat shall remind a Party if that Party has not notified a definitive date for implementation of provisions that it has designated in Category B or C. If the Party does not invoke paragraph 30.3, or in the case of a developing country Party subparagraph 30.1(b), or in the case of a least-developed country Party subparagraph 30.2(b}, to extend the deadline and still does not notify a definitive date for implementation, the Party shall implement the provisions within one year after the deadline stipulated in subparagraphs 30.1(b) or 30.1(f), or in the case of a least-developed country Party, subparagraphs 30.2(b) or 30.2(f), or extended by paragraph 30.3.

30.5 No later than 60 days after the dates for notification of definitive dates for implementation of Category B and Category C provisions in accordance with paragraphs 30.1, 30.2, or 30.3, the Committee shall take note of the annexes containing each Party's definitive dates for implementation of Category B and Category C provisions, including any dates set under paragraph 30.4, thereby making these annexes an integral part of this Agreement.

Article 31. Early Warning Mechanism: Extension of Implementation Dates for Provisions In Categories B and C

31.1

(a) A developing or least-developed country Party that considers itself to be experiencing difficulty in implementing a provision that it has designated in Category B or Category C by the definitive date established under subparagraphs 30.1(b)} and 30.1(f), or in the case of a least-developed country Party subparagraphs 30.2(b) and 30.2(f) shall notify the Committee. Developing country Parties shall notify the Committee no later than 120 days before the expiration of the implementation date. Least-developed country Parties shall notify the Committee no later than 90 days before such date.

(b) The notification to the Committee shall indicate the new date by which the developing country Party or least-developed country Party expects to be able to implement the provision concerned. The notification shall also indicate the reasons for the expected delay in implementation. Such reasons may include the need for assistance and support for capacity building not earlier anticipated, or additional assistance and support to help build capacity.

31.2 Where a developing country Party's request for additional time for implementation does not exceed 18 months or a least-developed country Party's request for additional time does not exceed three years, the requesting Party is entitled to such additional time without any further action by the Committee.

31.3 Where a developing or least-developed country Party considers that it requires a first extension longer than that provided for in paragraph 31.2 or a second or any subsequent extension, it shall submit to the Committee a request for an extension containing the information described in subparagraph 31.1(b) no later than 120 days in respect of a developing country Party and 90 days in respect of a least-developed country Party before the expiration of the original definitive implementation date or that date as subsequently extended.

31.4 The Committee shall give sympathetic consideration to granting requests for extension taking into account the specific circumstances of the Party submitting the request. These circumstances may include difficulties and delays in obtaining assistance and support for capacity building.

Article 32. Expert Group to Support Implementation of Category B and Category C Provisions

32.1 If a developing country Party or a least-developed country Party, having fulfilled the procedures set forth in paragraphs 30.1 or 30.2 and in Article 31, and where an extension requested has not been granted or where the developing country Party or least-developed country Party otherwise experiences unforeseen circumstances that prevent an extension being granted under Article 31, self-assesses that its capacity to implement a provision under Category C continues to be lacking, that Party shall notify the Committee of its inability to implement the relevant provision.

32.2 The Committee shall establish an Expert Group immediately, and in any case no later than 60 days after the Committee receives the notification from the relevant developing country Party or least-developed country Party. The Expert Group will examine the issue and make a recommendation to the Committee within 120 days of its composition.

32.3 The Expert Group shall be composed of five independent persons that are highly qualified in the fields of investment facilitation and assistance and support for capacity building. The composition of the Expert Group shall ensure balance between nationals from developing and developed country Parties. Where a least-developed country Party is involved, the Expert Group shall include at least one national from a least-developed country Party. If the Committee cannot agree on the composition of the Expert Group within 20 days of its establishment, the Director-General, in consultation with the chair of the Committee, shall determine the composition of the Expert Group in accordance with the terms of this paragraph.

32.4 The Expert Group shall consider the Party's self-assessment of lack of capacity and shall make a recommendation to the Committee. When considering the Expert Group's recommendation concerning a least-developed country Party, the Committee shall, as appropriate, take action that will facilitate the acquisition of sustainable implementation capacity.

32.5 The Party shall not be subject to proceedings under the Dispute Settlement Understanding on this issue from the time the developing country Party notifies the Committee of its inability to implement the relevant provision until the first meeting of the Committee after it receives the recommendation of the Expert Group. At that meeting, the Committee shall consider the recommendation of the Expert Group. For a least-developed country Party, the proceedings under the Dispute Settlement Understanding shall not apply to the respective provision from the date of notification to the Committee of its inability to implement the provision until the Committee makes a decision on the issue, or within 24 months after the date of the first Committee meeting set out above, whichever is earlier.

32.6 Where a least-developed country Party loses its ability to implement a Category C commitment, it may inform the Committee and follow the procedures set out in this Article.

Article 33. Shifting between Categories B and C

33.1 Developing and least-developed country Parties which have notified provisions under Categories B and C may shift provisions between such categories through the submission of a notification to the Committee. Where a Party proposes to shift a provision from Category B to Category C, the Party shall provide information on the assistance and support required to build capacity.

33.2 In the event that additional time is required to implement a provision shifted from Category B to Category C, the Party may:

(a) use the provisions of Article 31, including the opportunity for an automatic extension;

(b) request an examination by the Committee of the Party's request for extra time to implement the provision and, if necessary, for assistance and support for capacity building, including the possibility of a review and recommendation by the Expert Group under Article 32; or

(c} in the case of a least-developed country Party, any new implementation date of more than four years after the original date notified under Category B shall require approval by the Committee. In addition, a least-developed country Party shall continue to have recourse to Article 31. It is understood that assistance and support for capacity building is required for a least-developed country Party so shifting.

Article 34. Grace Period for the Application of the Dispute Settlement Understanding

34.1 For a period of two years after entry into force of this Agreement, the provisions of Articles XXII and XXIII of the GATT 1994 as elaborated and applied by the Dispute Settlement Understanding shall not apply to the settlement of disputes against a developing country Party concerning any provision that the Party has designated in Category A.

34.2 For a period of six years after entry into force of this Agreement, the provisions of Articles XXII and XXIII of the GATT 1994 as elaborated and applied by the Dispute Settlement Understanding shall not apply to the settlement of disputes against a least-developed country Party concerning any provision that the Party has designated in Category A.

34.3 For a period of eight years after implementation of a provision under Category B or C by a least-developed country Party, the provisions of Articles XXII and XXIII of the GATT 1994 as elaborated and applied by the Dispute Settlement Understanding shall not apply to the settlement of disputes against that least-developed country Party concerning that provision.

34.4 Notwithstanding the grace period for the application of the Dispute Settlement Understanding, before making a request for consultations pursuant to the Dispute Settlement Understanding, and at all stages of dispute settlement procedures with regard to a measure of a least-developed country Party, a Party shall give particular consideration to the special situation of least-developed country Parties. In this regard, Parties shall exercise due restraint in raising matters under the Dispute Settlement Understanding involving least-developed country Parties.

34.5 Each Party shall, upon request, during the grace period allowed under this Article, provide adequate opportunity to other Parties for discussion with respect to any issue relating to the implementation of this Agreement.

Article 35. Provision of Assistance and Support for Capacity Building

35.1 Donor Parties (39) agree to facilitate the provision of technical assistance and support for Parties on mutually agreed terms, either bilaterally or through the appropriate international organizations. (40) The objective is to assist developing and least-developed country Parties to implement the provisions of Sections II through IV and Section VI of this Agreement.

35.2 Given the special needs of least-developed country Parties, targeted assistance and support should be provided to the least-developed country Parties so as to help them build sustainable capacity to implement their commitments. Through the relevant development cooperation mechanisms and consistent with the principles of technical assistance and support for capacity building as referred to in paragraph 35.3, development partners shall endeavour to provide assistance and support for capacity building in this area in a way that does not compromise existing development priorities.

35.3 Parties shall endeavour to apply the following principles for providing assistance and support for capacity building with regard to the implementation of this Agreement:

(a) take account of the overall developmental framework of recipient countries and regions and, where relevant and appropriate, ongoing reform and technical assistance programmes;