3. For greater certainty, a Party's measures allocating and assigning spectrum and managing frequency are not per se inconsistent with Article 9.5 (Market Access) of Chapter 9 (Trade in Services). Accordingly, each Party retains the right to establish and apply spectrum and frequency management policies that may have the effect of limiting the number of suppliers of public telecommunications services, provided that the Party does so in a manner that is consistent with other provisions of this Agreement. This includes the ability to allocate frequency bands, taking into account current and future needs and spectrum availability.
4. When making a spectrum allocation for commercial telecommunications services, each Party shall endeavour to rely on an open and transparent process that considers the public interest, including the promotion of competition. Each Party shall endeavour to rely generally on market-based approaches in assigning spectrum for terrestrial commercial telecommunications services. To this end, each Party shall have the authority to use mechanisms such as auctions, if appropriate, to assign spectrum for commercial use.
4. When making a spectrum allocation for commercial telecommunications services, each Party shall endeavour to rely on an open and transparent process that considers the public interest, including the promotion of competition. Each Party shall endeavour to rely generally on market-based approaches in assigning spectrum for terrestrial commercial telecommunications services. To this end, each Party shall have the authority to use mechanisms such as auctions, if appropriate, to assign spectrum for commercial use.
Article 11.20. Enforcement
Article 11.20. Enforcement
Each Party shall provide its telecommunications regulatory body with the authority to enforce the Party's measures relating to the obligations provided for under Article 11.4, Article 11.5, Article 11.7, Article 11.8, Article 11.9, Article 11.10, Article 11.11, Article 11.12, Article 11.13, Article 11.14 and Article 11.15. That authority shall include the ability to impose, or seek from administrative or judicial bodies, effective sanctions, which may include financial penalties, injunctive relief (on an interim or final basis), or the modification, suspension or revocation of licences.
Each Party shall provide its telecommunications regulatory body with the authority to enforce the Party's measures relating to the obligations provided for under Article 11.4, Article 11.5, Article 11.7, Article 11.8, Article 11.9, Article 11.10, Article 11.11, Article 11.12, Article 11.13, Article 11.14 and Article 11.15. That authority shall include the ability to impose, or seek from administrative or judicial bodies, effective sanctions, which may include financial penalties, injunctive relief (on an interim or final basis), or the modification, suspension or revocation of licences.
Article 11.21. Resolution of Telecommunications Disputes
Article 11.21. Resolution of Telecommunications Disputes
1, Further to Article 19.4 (Administrative Proceedings) and Article 19.5 (Review and Appeal) of Chapter 19 (Transparency), each Party shall ensure that:
1, Further to Article 19.4 (Administrative Proceedings) and Article 19.5 (Review and Appeal) of Chapter 19 (Transparency), each Party shall ensure that:
Recourse
Recourse
(a) enterprises, including suppliers of public telecommunications networks or services, have recourse to a telecommunications regulatory body or other relevant body of the Party (11) to resolve disputes with other enterprises, including suppliers of public telecommunications networks or services, regarding the Party's measures relating to matters set out in Article 11.4, Article 11.5, Article 11.6, Article 11.7, Article 11.8, Article 11.9, Article 11.10, Article 11.11, Article 11.12, Article 11.13, Article 11.14 and Article 11.15;
(a) enterprises, including suppliers of public telecommunications networks or services, have recourse to a telecommunications regulatory body or other relevant body of the Party (11) to resolve disputes with other enterprises, including suppliers of public telecommunications networks or services, regarding the Party's measures relating to matters set out in Article 11.4, Article 11.5, Article 11.6, Article 11.7, Article 11.8, Article 11.9, Article 11.10, Article 11.11, Article 11.12, Article 11.13, Article 11.14 and Article 11.15;
(b) if'a telecommunications regulatory body declines to initiate any action on a request to resolve a dispute, it shall, on request, provide a written explanation for its decision within a reasonable period of time; and
(b) if'a telecommunications regulatory body declines to initiate any action on a request to resolve a dispute, it shall, on request, provide a written explanation for its decision within a reasonable period of time; and
(c) suppliers of public telecommunications services of the other Party that have requested interconnection with a major supplier in the Party's territory may seek review, within a reasonable period of time after the supplier requests interconnection, by its telecommunications regulatory body or other relevant body to resolve disputes regarding the terms, conditions and rates for interconnection with that major supplier.
(c) suppliers of public telecommunications services of the other Party that have requested interconnection with a major supplier in the Party's territory may seek review, within a reasonable period of time after the supplier requests interconnection, by its telecommunications regulatory body or other relevant body to resolve disputes regarding the terms, conditions and rates for interconnection with that major supplier.
Judicial Review
Judicial Review
2. No Party shall permit the making of an application for judicial review by enterprises, including suppliers of public telecommunications networks or services, to constitute grounds for non-compliance with the determination or decision of the telecommunications regulatory body, unless the judicial body issues an order that the determination or decision not be enforced while the proceeding is pending.
2. No Party shall permit the making of an application for judicial review by enterprises, including suppliers of public telecommunications networks or services, to constitute grounds for non-compliance with the determination or decision of the telecommunications regulatory body, unless the judicial body issues an order that the determination or decision not be enforced while the proceeding is pending.
Article 11.22. Transparency
Article 11.22. Transparency
1. Further to Article 19.2 (Publication) of Chapter 19 (Transparency), each Party shall ensure that when its telecommunications regulatory body seeks input (12) for a proposal for a regulation, that body shall:
1. Further to Article 19.2 (Publication) of Chapter 19 (Transparency), each Party shall ensure that when its telecommunications regulatory body seeks input (12) for a proposal for a regulation, that body shall:
(a) make the proposal public or otherwise available to any interested persons;
(a) make the proposal public or otherwise available to any interested persons;
(b) include an explanation of the purpose of and reasons for the proposal;
(b) include an explanation of the purpose of and reasons for the proposal;
(c) provide interested persons with adequate public notice of the ability to comment and reasonable opportunity for such comment;
(c) provide interested persons with adequate public notice of the ability to comment and reasonable opportunity for such comment;
(d) to the extent practicable, make publicly available all relevant comments filed with it; and
(d) to the extent practicable, make publicly available all relevant comments filed with it; and
(e) to the extent practicable, respond to all significant and relevant issues raised in comments filed, in the course of issuance of the final regulation. (13)
(e) to the extent practicable, respond to all significant and relevant issues raised in comments filed, in the course of issuance of the final regulation. (13)
2. Further to Article 19.2 (Publication) of Chapter 19 (Transparency), each Party shall ensure that its measures relating to public telecommunications services are made publicly available, including:
2. Further to Article 19.2 (Publication) of Chapter 19 (Transparency), each Party shall ensure that its measures relating to public telecommunications services are made publicly available, including:
(a) tariffs or tariff formulas and other terms and conditions of service, if these are regulated;
(a) tariffs or tariff formulas and other terms and conditions of service, if these are regulated;
(b) technical standards, including specifications of technical interfaces;
(b) technical standards, including specifications of technical interfaces;
(c) conditions for attaching terminal or other equipment to the public telecommunications network, if applicable;
(c) conditions for attaching terminal or other equipment to the public telecommunications network, if applicable;
(d) licensing, permit, registration or notification requirements, if any;
(d) licensing, permit, registration or notification requirements, if any;
(e) general procedures relating to resolution of telecommunications disputes provided for in Article 11.21; and
(e) general procedures relating to resolution of telecommunications disputes provided for in Article 11.21; and
(f) measures of bodies responsible for preparing, amending, and adopting standards-related measures affecting access and use that are, to the extent required, endorsed under the laws or regulations of a Party.
(f) measures of bodies responsible for preparing, amending, and adopting standards-related measures affecting access and use that are, to the extent required, endorsed under the laws or regulations of a Party.
3. To the extent possible, each Party shall allow a reasonable period of time between publication of a measure of general application relating to this Chapter, proposed or final in accordance with its legal system, and its effective date.
3. To the extent possible, each Party shall allow a reasonable period of time between publication of a measure of general application relating to this Chapter, proposed or final in accordance with its legal system, and its effective date.
4. Each Party shall publish the names and addresses of the competent authorities responsible for measures related to the operation of this Chapter.
4. Each Party shall publish the names and addresses of the competent authorities responsible for measures related to the operation of this Chapter.
5. On request of a Party, the other Party shall promptly provide information and respond to questions pertaining to any actual or proposed measures materially affecting the operation of this Chapter.
5. On request of a Party, the other Party shall promptly provide information and respond to questions pertaining to any actual or proposed measures materially affecting the operation of this Chapter.
6. Each Party shall ensure that, where information is required to be published in accordance with this Chapter, such information is published on the internet.
6. Each Party shall ensure that, where information is required to be published in accordance with this Chapter, such information is published on the internet.
Article 11.23. Flexibility In the Choice of Technology
Article 11.23. Flexibility In the Choice of Technology
1. Neither Party shall prevent suppliers of public telecommunications services from choosing the technologies they wish to use to supply their services, subject to requirements necessary to satisfy legitimate public policy interests, provided that any measure restricting that choice is not prepared, adopted or applied in a manner that creates unnecessary obstacles to trade. For greater certainty, a Party adopting those measures shall do so in accordance with Article 11.22.
1. Neither Party shall prevent suppliers of public telecommunications services from choosing the technologies they wish to use to supply their services, subject to requirements necessary to satisfy legitimate public policy interests, provided that any measure restricting that choice is not prepared, adopted or applied in a manner that creates unnecessary obstacles to trade. For greater certainty, a Party adopting those measures shall do so in accordance with Article 11.22.
2. When a Party finances the development of advanced networks, including broadband networks, it may make its financing conditional on the use of technologies that meet its specific public policy interests.
2. When a Party finances the development of advanced networks, including broadband networks, it may make its financing conditional on the use of technologies that meet its specific public policy interests.
Article 11.24. Relation to other Chapters
Article 11.24. Relation to other Chapters
In the event of any inconsistency between this Chapter and another Chapter of this Agreement, this Chapter shall prevail to the extent of the inconsistency.
In the event of any inconsistency between this Chapter and another Chapter of this Agreement, this Chapter shall prevail to the extent of the inconsistency.
Article 11.25. Relation to International Organisations
Article 11.25. Relation to International Organisations
The Parties recognise the importance of international standards for global compatibility and interoperability of telecommunications networks and services and undertake to promote those standards through the work of relevant international organisations.
The Parties recognise the importance of international standards for global compatibility and interoperability of telecommunications networks and services and undertake to promote those standards through the work of relevant international organisations.
Chapter 12. MOVEMENT OF NATURAL PERSONS
Chapter 12. MOVEMENT OF NATURAL PERSONS
Article 12.1. Definitions
Article 12.1. Definitions
For the purposes of this Chapter:
For the purposes of this Chapter:
immigration formality means a visa, permit, pass or other document or electronic authority granting a natural person of one Party the right to temporarily enter, reside or work or establish commercial presence in the territory of the granting Party;
immigration formality means a visa, permit, pass or other document or electronic authority granting a natural person of one Party the right to temporarily enter, reside or work or establish commercial presence in the territory of the granting Party;
immigration measure means any measure affecting the entry and stay of foreign nationals; and
immigration measure means any measure affecting the entry and stay of foreign nationals; and
temporary entry means entry into the territory of a Party by a natural person of the other Party who does not intend to establish permanent residence.
temporary entry means entry into the territory of a Party by a natural person of the other Party who does not intend to establish permanent residence.
Article 12.2. Scope
Article 12.2. Scope
1. This Chapter shall apply, as set out in each Party's schedule of specific commitments in Annex 12-A, to measures affecting the temporary entry of natural persons of a Party into the territory of the other Party.
1. This Chapter shall apply, as set out in each Party's schedule of specific commitments in Annex 12-A, to measures affecting the temporary entry of natural persons of a Party into the territory of the other Party.
2. This Chapter shall not apply to measures affecting natural persons seeking access to the employment market of the other Party, nor shall it apply to measures regarding citizenship, nationality, residence or employment on a permanent basis.
2. This Chapter shall not apply to measures affecting natural persons seeking access to the employment market of the other Party, nor shall it apply to measures regarding citizenship, nationality, residence or employment on a permanent basis.
3. Nothing in this Agreement shall prevent a Party from applying measures to regulate the entry of natural persons of the other Party into, or their temporary stay in, its territory, including those measures necessary to protect the integrity of, and to ensure the orderly movement of natural persons across, its borders, provided that those measures are not applied in such a manner as to nullify or impair the benefits accruing to either Party under this Chapter.
3. Nothing in this Agreement shall prevent a Party from applying measures to regulate the entry of natural persons of the other Party into, or their temporary stay in, its territory, including those measures necessary to protect the integrity of, and to ensure the orderly movement of natural persons across, its borders, provided that those measures are not applied in such a manner as to nullify or impair the benefits accruing to either Party under this Chapter.
4. The sole fact that a Party requires natural persons of the other Party to obtain an immigration formality shall not be regarded as nullifying or impairing the benefits accruing to either Party under this Chapter.
4. The sole fact that a Party requires natural persons of the other Party to obtain an immigration formality shall not be regarded as nullifying or impairing the benefits accruing to either Party under this Chapter.
Article 12.3. Application Procedures
Article 12.3. Application Procedures
1. After receipt of a completed application for an immigration formality, each Party shall promptly make a decision on the application and inform the applicant of the decision including, if approved, the period of stay and other conditions.
1. After receipt of a completed application for an immigration formality, each Party shall promptly make a decision on the application and inform the applicant of the decision including, if approved, the period of stay and other conditions.
2. Each Party shall, on request and within a reasonable period after a complete application by a natural person of the other Party covered by this Chapter requesting temporary entry is lodged, notify the applicant, either directly or through their authorised representative, of:
2. Each Party shall, on request and within a reasonable period after a complete application by a natural person of the other Party covered by this Chapter requesting temporary entry is lodged, notify the applicant, either directly or through their authorised representative, of:
(a) receipt of the application;
(b) the status of the application; and
(c) if a decision has been made, the decision concerning the application, including, if approved, the period of stay and other conditions.
(a) receipt of the application;
(b) the status of the application; and
(c) if a decision has been made, the decision concerning the application, including, if approved, the period of stay and other conditions.
3. Each Party shall ensure that fees charged by its competent authorities for the processing of an application for an immigration formality are reasonable and in accordance with its laws and regulations.
3. Each Party shall ensure that fees charged by its competent authorities for the processing of an application for an immigration formality are reasonable and in accordance with its laws and regulations.
4. Each Party shall endeavour, to the extent possible, to provide facilities for online lodgement and processing of immigration formalities.
4. Each Party shall endeavour, to the extent possible, to provide facilities for online lodgement and processing of immigration formalities.
Article 12.4. Grant of Temporary Entry
Article 12.4. Grant of Temporary Entry
1. Each Party shall set out in Annex 12-A the commitments it makes with regard to temporary entry of natural persons, which shall specify the conditions and limitations for entry and temporary stay, including length of stay, for each category of natural person specified by that Party.
1. Each Party shall set out in Annex 12-A the commitments it makes with regard to temporary entry of natural persons, which shall specify the conditions and limitations for entry and temporary stay, including length of stay, for each category of natural person specified by that Party.
2. A Party shall grant temporary entry or extension of temporary stay to natural persons of the other Party to the extent provided for in those commitments made pursuant to paragraph 1, provided that those natural persons:
2. A Party shall grant temporary entry or extension of temporary stay to natural persons of the other Party to the extent provided for in those commitments made pursuant to paragraph 1, provided that those natural persons:
(a) follow the granting Party's prescribed application procedures for the relevant immigration formality; and
(a) follow the granting Party's prescribed application procedures for the relevant immigration formality; and
(b) meet all relevant eligibility requirements for temporary entry or extension of temporary stay.
(b) meet all relevant eligibility requirements for temporary entry or extension of temporary stay.
3. The sole fact that a Party grants temporary entry to a natural person of the other Party pursuant to this Chapter shall not be construed to exempt that natural person from
3. The sole fact that a Party grants temporary entry to a natural person of the other Party pursuant to this Chapter shall not be construed to exempt that natural person from
meeting any applicable licensing or other requirements, including any mandatory codes of conduct, to practise a profession or otherwise engage in business activities.
meeting any applicable licensing or other requirements, including any mandatory codes of conduct, to practise a profession or otherwise engage in business activities.
Article 12.5. Business Travel
Article 12.5. Business Travel
The Parties affirm their APEC commitments to each other to enhance the mobility of natural persons and their support for efforts to enhance the APEC Business Travel Card programme.
The Parties affirm their APEC commitments to each other to enhance the mobility of natural persons and their support for efforts to enhance the APEC Business Travel Card programme.
Article 12.6. Provision of Information
Article 12.6. Provision of Information
Further to Article 19.2 (Publication) and Article 19.3 (Provision of Information) of Chapter 19 (Transparency), each Party shall:
Further to Article 19.2 (Publication) and Article 19.3 (Provision of Information) of Chapter 19 (Transparency), each Party shall:
(a) promptly publish online if possible or otherwise make publicly available, in a consolidated manner, information on:
(a) promptly publish online if possible or otherwise make publicly available, in a consolidated manner, information on:
(i) current requirements for temporary entry under this Chapter, including explanatory material and relevant forms and documents that will enable interested persons of the other Party to become acquainted with those requirements; and
(i) current requirements for temporary entry under this Chapter, including explanatory material and relevant forms and documents that will enable interested persons of the other Party to become acquainted with those requirements; and
(ii) the typical timeframe within which a complete application for an immigration formality is processed; and
(ii) the typical timeframe within which a complete application for an immigration formality is processed; and
(b) establish or maintain appropriate mechanisms to respond to enquiries from interested persons regarding measures relating to temporary entry covered by this Chapter.
(b) establish or maintain appropriate mechanisms to respond to enquiries from interested persons regarding measures relating to temporary entry covered by this Chapter.
Article 12.7. Relation to other Chapters
Article 12.7. Relation to other Chapters
1. Except for this Chapter, Chapter 1 (Initial Provisions and General Definitions), Chapter 18 (Institutional Provisions), Chapter 20 (Consultations and Dispute Settlement), Chapter 21 (Final Provisions), Article 19.2 (Publication) and Article 19.3 (Provision of Information) no provision of this Agreement shall impose any obligation on a Party regarding its immigration measures. (1)
1. Except for this Chapter, Chapter 1 (Initial Provisions and General Definitions), Chapter 18 (Institutional Provisions), Chapter 20 (Consultations and Dispute Settlement), Chapter 21 (Final Provisions), Article 19.2 (Publication) and Article 19.3 (Provision of Information) no provision of this Agreement shall impose any obligation on a Party regarding its immigration measures. (1)
2. Nothing in this Chapter shall be construed to impose obligations or commitments with respect to other Chapters of this Agreement.
2. Nothing in this Chapter shall be construed to impose obligations or commitments with respect to other Chapters of this Agreement.