(e) take any other action as the Parties may agree.
Article 18.3. Committees and Subsidiary Bodies
1. The following Committees are established under this Agreement:
(a) Committee on Trade in Goods, in accordance with Article 2.11 (Committee on Trade in Goods) of Chapter 2 (Trade in Goods);
(b) Committee on Trade in Services, in accordance with Article 9.14 (Committee on Trade in Services) of Chapter 9 (Trade in Services);
(c) Committee on Investment, in accordance with Article 14.18 (Committee on Investment) of Chapter 14 (Investment); and
(d) Committee on Economic Cooperation, in accordance with Article 15.3 (Committee on Economic Cooperation) of Chapter 15 (Economic Cooperation).
2. The following Sub-Committees are established under this Agreement:
(a) Sub-Committee on Trade Facilitation, in accordance with Article 6.8 (Trade Facilitation Sub-Committee) of Chapter 6 (Trade Facilitation);
(b) Sub-Committee on Sanitary and Phytosanitary Matters, in accordance with Article 7.11 (SPS Sub-Committee) of Chapter 7 (Sanitary and Phytosanitary Measures); and
(c) Sub-Committee on Technical Barriers to Trade, in accordance with Article 8.13 (TBT Sub-Committee) of Chapter 8 (Technical Barriers to Trade).
3. The Joint Committee may establish additional committees or subsidiary bodies, including ad hoc bodies, as it determines necessary to address issues arising under, and assist with the implementation of, this Agreement.
4. Unless otherwise provided, any committee or subsidiary body shall:
(a) be composed of representatives of the Parties;
(b) be chaired jointly by the Parties;
(c) by agreement, take decisions on any matter within its functions; and
(d) meet annually or as determined by the Parties. Meetings may be conducted in person or by any other means as determined by the Parties.
Article 18.4. Rules of Procedure
1. The Joint Committee shall take decisions on any matter by agreement.
2. The Joint Committee shall establish its rules of procedure at its first meeting.
Article 18.5. Meetings of the Joint Committee
1. The Joint Committee shall meet within one year of the date of entry into force of this Agreement and then every year after that, or as otherwise agreed by the Parties. Sessions of the Joint Committee shall be chaired jointly by the Parties, or as otherwise agreed by the Parties.
2. Meetings of the Joint Committee may be conducted in person or by any other means as agreed by the Parties.
3. The Parties may invite, by agreement, representatives of other relevant entities, including from the private sector, with necessary expertise relevant to the issues to be discussed, to attend meetings of the Joint Committee.
Article 18.6. Contact Points
Each Party shall designate an overall contact point to facilitate communications between the Parties on any matter relating to this Agreement, including its implementation, and notify its contact point to the other Party in writing within 30 days of the date of entry into force of this Agreement.
Chapter 19. TRANSPARENCY
Article 19.1. Definitions for the Purposes of this Chapter:
administrative rulings of general application means an administrative ruling or interpretation that applies to all persons and fact situations that fall generally within its ambit and that establishes a norm of conduct, but does not include:
(i) a determination or ruling made in an administrative or quasi- judicial proceeding that applies to a particular person, good or service of the other Party in a specific case; or
(ii) a ruling that adjudicates with respect to a particular act or practice.
Article 19.2. Publication
1. Each Party shall ensure that its laws, regulations, procedures and administrative tulings of general application respecting any matter covered by this Agreement are promptly published, including on the internet where feasible, or otherwise made available in such a manner as to enable interested persons and the other Party to become acquainted with them.
2. To the extent practicable each Party shall:
(a) publish, including on the internet where feasible, in advance any such laws, regulations, and where appropriate, procedures and administrative rulings of general application that it proposes to adopt; and
(b) provide interested persons and the other Party with a reasonable opportunity to comment on any such proposed laws, regulations, procedures and administrative rulings of general application with a view to considering the comments received.
3. Without prejudice to paragraphs 1 and 2, when introducing or changing its laws and regulations that significantly affect the implementation and operation of this Agreement, each Party shall endeavour to take appropriate measures to enable interested persons to become acquainted with such introduction or change, which may include providing a reasonable period between the date when those laws and regulations, proposed or final in accordance with its legal system, are made publicly available and the date when they enter into force.
Article 19.3. Provision of Information
1. Each Party shall, to the extent practicable, provide notification to the other Party with respect to proposed or actual laws, regulations, procedures and administrative rulings of general application which it considers may materially affect the operation of this Agreement. For greater certainty, a Party may notify specific application of such measures where it considers appropriate.
2. Regardless of whether a measure has been notified under paragraph 1, a Party shall, on request of the other Party, respond promptly to specific questions from, and provide information to, the requesting Party, with respect to any actual or proposed laws, regulations, procedures and administrative rulings of general application which the requesting Party considers might materially affect the operation of this Agreement.
3. Any notification, request or information under this Article shall be provided to the other Party through the contact points established under Article 18.6 (Contact Points) of Chapter 18 (Institutional Provisions).
4. Any notification or information provided under this Article shall be without prejudice as to whether the measure in question is consistent with this Agreement.
Article 19.4. Administrative Proceedings
1. Each Party shall ensure that all laws, regulations, procedures and administrative rulings of general application to which this Agreement applies are administered in a consistent, impartial, objective and reasonable manner.
2. With a view to administering in a consistent, impartial, objective and reasonable manner its laws, regulations, procedures and administrative rulings of general application respecting any matter covered by this Agreement, each Party shall ensure, in its administrative proceedings applying such measures to a particular person, good or service of the other Party in specific cases that:
(a) wherever possible, a person of the other Party that is directly affected by a proceeding is provided reasonable notice, in accordance with its domestic procedures, when a proceeding is initiated, including a description of the nature of the proceeding, a statement of the legal authority under which the proceeding is initiated, and a general description of any issue in question;
(b) a person of the other Party that is directly affected by a proceeding is afforded a reasonable opportunity to present facts and arguments in support of that personâs position prior to any final administrative action, when time, the nature of the proceeding and the public interest permit; and
(c) it follows its procedures in accordance with its laws and regulations.
Article 19.5. Review and Appeal
1. Each Party shall establish or maintain judicial, quasi-judicial or administrative tribunals or procedures for the purpose of the prompt review and, where warranted, correction of final administrative actions regarding matters covered by this Agreement. Such tribunals shall be impartial and independent of the office or authority entrusted with administrative enforcement and shall not have any substantial interest in the outcome of the matter.
2. Each Party shall ensure that, in any such tribunals or procedures, the parties to the proceeding are provided with the right to:
(a) a reasonable opportunity to support or defend their respective positions; and
(b) a decision based on the evidence and submissions of record or, where required by its laws and regulations, the record compiled by the administrative authority.
Chapter 20. CONSULTATIONS
Section A. Introductory Provisions
Article 20.1. Definitions
For the purposes of this Chapter, the following definitions shall apply, unless the context otherwise provides:
Complaining Party means the Party that requests consultations under Article 20.5;
dispute arising under this Agreement means a complaint made by the Complaining Party concerning any measure affecting the operation, implementation or application of this Agreement whereby any benefit accruing to the Complaining Party directly or indirectly under this Agreement is being nullified or impaired, or the attainment of any objective of this Agreement is being impeded, as a result of the failure of the Responding Party to carry out its obligations (1) under this Agreement; (2) and
Responding Party means the Party to which the request for consultations is made under Article 20.5.
Article 20.2. Scope
1. This Chapter shall apply to the avoidance or settlement of disputes arising under this Agreement. This Chapter shall not apply to the settlement of disputes arising under Chapter 7 (Sanitary and Phytosanitary Measures), Chapter 8 (Technical Barriers to Trade) or Chapter 15 (Economic Cooperation).
2. This Chapter shall apply subject to any special and additional provisions on dispute settlement contained in other Chapters of this Agreement.
Article 20.3. General Provisions
1. A panel established under this Chapter shall interpret this Agreement in accordance with the customary rules of treaty interpretation of public international law. With respect to any provision of the WTO Agreement that has been incorporated into this Agreement, the panel shall also consider relevant interpretations in reports of WTO panels and the Appellate Body adopted by the WTO Dispute Settlement Body.
2. All notifications, requests and replies made in accordance with this Chapter shall be in writing.
3. The Parties are encouraged at every stage of a dispute to make every effort to reach a mutually agreed solution to the dispute.
4. Any time periods provided for in this Chapter may be modified by agreement between the Parties.
Article 20.4. Choice of Forum
1. Except as provided in this Article, this Chapter is without prejudice to the rights of a Party to have recourse to dispute settlement procedures available under other agreements to which it is a party.
2. Where a dispute concerning any matter arises under this Agreement and under another international agreement to which the Parties are party, the Complaining Party may select the forum in which to address that matter and that forum shall be used to the exclusion of other possible fora in respect of that matter. However, this paragraph shall not apply if substantially separate and distinct rights or obligations are in dispute.
3. For the purposes of this Article, the Complaining Party shall be deemed to have selected a forum in which to settle the dispute when it has requested the establishment of a panel in accordance with Article 20.7 or requested the establishment of, or referred a matter to, a dispute settlement panel or arbitral tribunal under another international agreement.
4. Notwithstanding paragraph 2, a Party may initiate an adjudication proceeding in the other forum if the first forum selected fails for procedural or jurisdictional reasons to make findings on the merits of the claim.
5. This Article does not apply where the Parties agree in writing that this Article shall not apply to a particular dispute.
Section Section B: Consultation Provisions
Article 20.5. Consultations
1. Either Party may request consultations with respect to any dispute arising under this Agreement. The Responding Party shall accord due consideration to a request for consultations made by the Complaining Party and shall accord adequate opportunity for such consultations.
2. Any request for consultations shall give the reasons for the request, including identification of the measures at issue and an indication of the legal basis for the complaint.
3. The Responding Party shall, unless the Parties otherwise agree, reply to the request within seven days of the date of its receipt and shall enter into consultations no later than:
(a) 10 days after the date of receipt of the request in cases of urgency, including those which concern perishable goods; or
(b) 30 days after the date of receipt of the request for all other matters.
4. The Parties shall make every effort to reach a mutually satisfactory solution through consultations. To this end, the Parties shall:
(a) provide sufficient information to enable a full examination of the matter including how the measures at issue might affect the implementation or application of this Agreement;
(b) treat any confidential or proprietary information exchanged in the course of consultations on the same basis as the Party providing the information; and
(c) endeavour to make available for the consultations personnel of its government agencies or other regulatory bodies who have responsibility for, or expertise in, the matter under consultation.
5. The consultations shall be confidential and without prejudice to the rights of the Parties to the dispute in any further or other proceedings.
Article 20.6. Good Offices, Conciliation, Mediation
1. The Parties may agree at any time to voluntarily undertake an alternative method of dispute resolution, such as good offices, conciliation or mediation. Procedures for such alternative methods of dispute resolution may begin at any time and may be terminated at any time by either Party.
2. If the Parties agree, the procedures referred to in paragraph 1 may continue while the matter is being examined by a panel established or reconvened under this Chapter.
3. Proceedings involving procedures referred to in paragraph 1, and positions taken
by the Parties during these proceedings, shall be confidential and without prejudice to the rights of either Party in any further or other proceedings.
Section Section C: Adjudication Provisions
Article 20.7. Request for Establishment of Panels
1. The Complaining Party may request the establishment of a panel to consider a dispute arising under this Agreement if:
(a) the Responding Party does not reply to a request for, or enter into, consultations in accordance with Article 20.5.3; or
(b) the consultations fail to resolve a dispute within:
jw 20 days of the date of receipt of the request for consultations in cases of urgency, including those which concern perishable goods;
(ii) 60 days of the date of receipt of the request for consultations for all other matters; or
(iii) such other period as the Parties may agree. 2. A request made in accordance with paragraph 1 shall identify the specific measure at issue and provide details of the factual and legal basis of the complaint (including the provisions of this Agreement to be addressed by the panel) sufficient to present the problem clearly.
3. The Responding Party shall immediately acknowledge receipt of the request made in accordance with paragraph 1, indicating the date on which the request was received.
4. If a request is made in accordance with paragraph 1, a panel shall be established in accordance with Article 20.8.
5. Notwithstanding paragraphs 1 and 2, a panel shall not be established to review a proposed measure.
Article 20.8. Establishment and Reconvening of Panels
1. A panel requested in accordance with Article 20.7 shall be established in accordance with this Article.
2. Unless the Parties otherwise agree, the panel shall consist of three panellists. All appointments and nominations of panellists under this Article shall conform fully with the requirements in paragraphs 9 and 10.
3. Within five days of the date of the receipt of a request under Article 20.7, the Parties shall enter into consultations with a view to reaching agreement on the procedures for composing the panel, taking into account the factual, technical and legal circumstances of the dispute. Any procedures for composing the panel which are agreed under this paragraph shall be used for the composition of the panel and shall also be used for the purposes of paragraphs 12 and 13.
4. If the Parties are unable to reach agreement on the procedures for composing the panel within 15 days of the date of the receipt of the request referred to in paragraph 3, either Party may, at any time thereafter, notify the other Party that it wishes to use the procedures set forth in paragraphs 5 through 7. Where such a notification is made, the panel shall be composed in accordance with paragraphs 5 through 7.
5. The Complaining Party shall appoint one panellist within 10 days of the date of the receipt of the notification referred to in paragraph 4. The Responding Party shall appoint one panellist within 20 days of the date of the receipt of the notification referred to in paragraph 4.
6. Following the appointment of the panellists in accordance with paragraph 5, the Parties shall agree on the appointment of the third panellist who shall serve as the chair of the panel. To assist in reaching this agreement, a Party may provide to the other Party a list of up to three nominees for appointment as the chair of the panel.
7. If any of the three panellists have not been appointed within 45 days of the date of the receipt of the notification referred to in paragraph 4, either Party may request the Director-General of the WTO to make the remaining appointments within a further period of 15 days. Any lists of nominees which were provided under paragraph 6 shall also be provided to the Director-General of the WTO and may be used in making the required appointments. (3) In the event that the Director-General of the WTO is a natural person of a Party, the Deputy Director-General or the officer next in seniority who is not a natural person of a Party shall be requested to make the required appointments.
8. The date of establishment of the panel shall be the date on which the last panellist is appointed.
9. All panellists shall:
(a) have expertise or experience in law, international trade, other matters covered by this Agreement or the resolution of disputes arising under international trade agreements;
(b) be chosen strictly on the basis of objectivity, reliability and sound judgement;
(c) be independent of, and not be affiliated with or take instructions from, either Party;
(d) not have dealt with the matter before the panel in any capacity;
(e) disclose, to the Parties, information which may give rise to justifiable doubts as to their independence or impartiality; and
(f) comply with the code of conduct as set out in Annex 20-B (Code of Conduct).
10. Unless the Parties otherwise agree, a panellist shall not be a natural person of a Party. In addition, the chair of the panel shall not have his or her usual place of residence in the territory of a Party.
11. Panellists shall serve in their individual capacities and not as government representatives, nor as representatives of any organisation. The Parties shall not give them instructions nor seek to influence them as individuals with regard to matters before a panel.
12. If a panellist appointed under this Article resigns or becomes unable to act, a successor panellist shall be appointed in the same manner used to appoint the original panellist and shall have all the powers and duties of the original panellist. The work of the panel, including any applicable time periods, shall be suspended until the successor panellist has been appointed.
13. If a panel is reconvened under Article 20.13, Article 20.14 or Article 20.15 the reconvened panel shall, if possible, have the same panellists as the original panel. If this is not possible, the successor panellist(s) shall be appointed in the same manner as prescribed for the appointment of the original panellist(s), and shall have all the powers and duties of the original panellist(s).
Article 20.9. Functions of Panels
1. A panel shall make an objective assessment of the matter before it, including an objective assessment of:
(a) the facts of the case;
(b) the applicability of the provisions of this Agreement cited by the Parties; and
(c) whether the Responding Party has failed to carry out its obligations under this Agreement.
2. A panel shall have the following terms of reference unless the Parties otherwise agree within 20 days of the date of the establishment of a panel:
"To examine, in the light of the relevant provisions of this Agreement, the matter referred to in the request for establishment of a panel made in accordance with Article 20.7, and to make such findings provided for in this Agreement."
3. A panel shall only make the findings, rulings and recommendations provided for in this Agreement.
4. The panel shall set out in its report:
(a) a descriptive section summarising the arguments of the Parties;
(b) its findings on the facts of the case and on the applicability of the provisions of this Agreement;
(c) its findings on whether the Responding Party has failed to carry out its obligations under this Agreement; and
(d) its reasons for its findings in subparagraphs (b) and (c).
5. In addition to paragraph 4, a panel shall include in its report any other findings jointly requested by the Parties. The panel may recommend ways in which the Responding Party could implement the panelâs findings if the Parties so agree.
6. Unless the Parties otherwise agree, a panel shall base its report solely on the relevant provisions of this Agreement, the submissions and arguments of the Parties and any information or advice put before it under Article 20.10.15.
7. The findings of the panel shall not add to or diminish the rights and obligations provided in this Agreement.
8. The panel shall consult the Parties regularly and provide adequate opportunities for the development of a mutually satisfactory solution to the dispute.
9. A panel reconvened under this Chapter shall also carry out functions with regard to compliance review under Article 20.13, review of level of suspension of concessions or other obligations under Article 20.14 and post-suspension review under Article 20.15. Paragraphs 1 through 3 shall not apply to a panel reconvened under Article 20.13 and Article 20.14.
10. A panel shall make its findings by consensus. If a panel is unable to reach consensus, it may make its findings by majority vote.
Article 20.10. Panel Procedures
1. A panel established in accordance with Article 20.8 shall adhere to this Chapter. The panel shall also apply the rules of procedure set out in Annex 20-A (Rules of Procedure) unless the Parties otherwise agree. On request of a Party, or on its own initiative, the panel may, after consulting the Parties, adopt additional rules of procedure which do not conflict with the provisions of this Chapter or with Annex 20-A (Rules of Procedure).
2. A panel reconvened under Article 20.13, Article 20.14 or Article 20.15 may establish its own procedures which do not conflict with this Chapter or Annex 20-A (Rules of Procedure), in consultation with the Parties, drawing as it deems appropriate from this Chapter or Annex 20-A (Rules of Procedure).
Timetable
3. After consulting the Parties, a panel shall, as soon as practicable and if possible within 15 days of the establishment of the panel, fix the timetable for the panel process. The panel process, from the date of establishment until the date of the final report shall, as a general rule, not exceed the period of 270 days.
4. Similarly, a Compliance Review Panel reconvened in accordance with Article 20.13 or Article 20.15 shall, as soon as practicable and if possible within 15 days of reconvening, fix the timetable for the compliance review process taking into account any time periods specified in Article 20.13 or Article 20.15.
Preliminary Rulings
5. Any request by a Party for a preliminary ruling from the panel, including on jurisdictional issues, shall be submitted as early as possible, and in any event no later than the required date of delivery of a Partyâs first written submission. Exceptions to this paragraph may be granted upon showing good cause.
Panel Proceedings
6. Panel proceedings shall provide sufficient flexibility so as to ensure high-quality reports, while not unduly delaying the panel process.
7. Panel deliberations shall be confidential. The Parties shall be present only when invited by the panel to appear before it. There shall be no ex parte communications with the panel concerning matters under consideration by it.