3. Shall not be a person who has provided good offices, settlement or mediation to the parties pursuant to Article 7 of this Chapter with respect to the same or substantially similar matter.
Article 12.12. Replacement of Committee Members
If any of the original Committee members becomes unable to act, withdraws, or needs to be replaced because that member has not complied with the requirements of the Code of Conduct, a replacement member shall be appointed in the same manner as the original Committee member and shall have the same powers and duties as the original Committee member. The work of the Committee shall be suspended during the process of appointing a replacement Committee member.
Article 12.13. Committee Functions
Unless otherwise agreed by the Parties, the Committee:
1. Conducts an objective assessment of the matter before it, including an objective assessment of the facts of the case and the applicability of the measure in question and its compatibility with the provisions covered.
2. Set out, in its decisions and reports, its findings of fact and law and the rationale behind any findings and conclusions it reaches: and
3. Should consult regularly with the Parties and provide adequate opportunities to reach a mutually agreeable solution.
Article 12.14. Terms of Reference
1. Unless otherwise agreed by the Parties within 15 days of the establishment of the Committee, the terms of reference of the Committee shall be as follows:
"To examine the matter referred to in the request for the establishment of the Committee, in the light of the covered provisions of this Agreement cited by the Parties, to make findings on the compatibility of the measure in question with the covered provisions of this Agreement as well as recommendations, if any, on means of dispute resolution and to report in accordance with Articles 18 and 19".
2. lf the Parties agree on terms of reference other than those referred to in paragraph 1, they shall notify the Commission of the agreed terms of reference no later than 5 days after their agreement.
Article 12.15. Rules of Interpretation
1. The Commission shall interpret the provisions in question in accordance with customary public international law rules of interpretation.
2. The Committee may, where appropriate, take into account relevant interpretations contained in the reports of previous Committees established under this Agreement and reports of Committees and the Appellate Body adopted by the Dispute Settlement Body of the World Trade Organization,
Article 12.16. Committee Procedures
1. Unless otherwise agreed by the Parties, the Committee shall adhere to the Model Rules of Procedure set forth in Annex 1.
2. The Committee may, after consultation with the Parties, adopt additional rules of procedure not inconsistent with the Model Rules of Procedure.
3. There will be no ex parte communications with the Committee regarding matters under consideration.
4. The deliberations of the Committee and the documents submitted to itshall remain confidential.
5. The Party asserting that a measure taken by the other Party is inconsistent with the provisions of this Agreement shall bear the burden of proving such inconsistency, The Party asserting that a measure is subject to an exception under this Convention shall bear the burden of proving that the exception applies.
6. The Commission should consult with the parties as appropriate and provide sufficient opportunities to reach a mutually agreed solution.
7. The Committee shall make its decisions, including its reports, by consensus, but if consensus is not possible, by a majority of its members. Any member may submit separate opinions on matters that are not unanimously agreed Upon, but dissenting opinions of members will not be disclosed in any case.
Article 12.17. Receipt of Information
1. The Commission may, at the request of a Party, or on its own initiative, request from the Parties relevant information deemed necessary and appropriate. The Parties undertake to respond promptly and fully to any request for information made by the Commission.
2. The Commission may, at the request of a Party or on its own initiative, request from any source any information it deems appropriate. The Commission may also seek expert opinion, as it deems appropriate, subject to any terms and conditions agreed to by the Parties, where applicable.
3. The Commission may, at the request of a Party, or on its own initiative, request information and technical advice from any individual or organization it deems appropriate, provided that the Parties agree and are subject to such terms and conditions as the Parties may agree, The Commission shall provide the Parties with any information obtained for comment.
4. Any information obtained by the Commission under this Article shall be made available to the Parties, and the Parties may submit comments on that information.
Article 12.18. Progress Report
1. The Commission shall submit a progress report to the Parties within 90 days from the date of its formation. Where the Commission considers that this deadline cannot be met, the Chairperson of the Commission shall notify the Parties in writing, stating the reasons for the delay and the date by which the Commission intends to submit its progress report. In no case may the delay exceed 30 days after the deadline, and this report shall be considered confidential and may not be published or circulated.
2. The progress report shall set out a descriptive section and the Commission's findings and conclusions.
3. Each party may submit written comments to the Commission and make a written request for a review of the finer points of the progress report within 15 days of the date ofissuance of the progress report, Either party may comment on the other party's request within 6 days of receipt of the request.
4. After considering any written comments and requests submitted by each Party on the progress report, the Committee may amend the progress report and conduct any additional examination it deems appropriate.
Article 12.19. Final Report
1. The Commission shall submit a final report to the Parties within 120 days from the date of the formation of the Commission. Where the Commission considers that this deadline cannot be met, the Chairperson of the Commission shall notify the Parties in writing, stating the reasons for the delay and the date by which the Commission intends to submit its final report. In no case may the delay exceed 30 days after the deadline.
2. The final report includes a discussion of any written comments and requests submitted by the parties on the progress report. In its final report, the Commission may propose ways in which the final report may be implemented.
3. The final report shall be published within 15 days of its delivery to the Parties unless the Parties otherwise agree to publish the final report in parts only or not at all.
Article 12.20. Implementation of the Final Report
1. If the Committee determines that the Respondent has acted inconsistently with a Covered Provision, the Respondent shall take any action necessary to comply promptly and in good faith with the findings and conclusions contained in the Final Report.
2. The complaining party shall promptly comply with the Commission's final report. If tis not practicable to comply promptly with that report, the compkining Party shall, no later than 30 days after delivery of the final report, notify the complaining Party af the reasonable period of time necessary to comply with the final repartand the Parties shall endeavor to agree on the reasonable period of time necessary to comply with the final report.
Article 12.21. Reasonable Time Period for Compliance
1. If the parties do not agree on a reasonable time period, the complaining party may, no later than 20 days from the date of receipt of the notification submitted by the respondent party in accordance with Article 20.12, paragraph 2 (Implementation of the final report), submit a written request to the original panel to determine the reasonable time period. This request shall be simultaneously notified to the complainant party. The 20-day period referred to in this paragraph may be extended by mutual agreement of the parties.
2. The original panel shall deliver its decision to the Parties within 20 days from the date of receipt of the request referred to in paragraph (1) of this Article.
3. The reasonable time period for compliance with the final report may be extended by mutual agreement between the Parties.
Article 12.22. Compliance Monitoring
1. Unless otherwise agreed by the Parties, the complaining Party shall provide written notification of its progress in complying with the Final Report to the complaining Party at least one month prior to the expiration of the reasonable time period for compliance with the Final Report.
2. No later than the expiration of the reasonable time period, the complaining Party shall provide notification to the complaining Party of any measure it has taken to comply with the final report along with a description of how that measure ensures compliance sufficient to allow the complaining Party to assess the measure before the expiration of the reasonable time period.
3. If, within 15 days from the date of the notification referred to above in paragraph (1) of this Article, the parties do not agree on the existence of measures to comply with the final report or their conformity with the covered provisions, the complaining party may request in writing the original committee to take a decision on the matter before submitting the request for compensation or the request to apply the suspension of concessions in accordance with Article 1/23,12(c) of this Chapter, This request must be notified at the same time to the complained party.
4. The request referred to in paragraph (3) of this Article must set forth the factual and legal basis for the complaint, including identifying the specific measures at issue and explaining why any measures taken by the respondent are inconsistent with the final report or inconsistent with the covered provisions.
5. The Committee shall deliver its decision to the Parties within 60 days from the date of receipt of the request.
Article 12.23. Provisional Remedies for Non-Compliance
1. If the complaining party does any of the following:
(a) failure to notify of any measures taken to comply with the final report within the specified time period,
(b) notify the complaining party in writing that it is not possible to comply with the final report within a reasonable period of time; or
(c) If the original panel determines that no measure has been taken or that the measure taken to comply with the final report, as notified to the respondent, does not comply with the Covered Provisions,
(d) The Respondent shall, at the request of the Complaining Party, enter into consultations with a view to reaching a mutually satisfactory agreement or any necessary compensation.
2. If the parties fail to reach a mutually satisfactory agreement or agree on compensation within 20 days after the date of receipt of the request made in accordance with paragraph (1) of this Article, the complaining party may send a written notice to the that it intends to suspend the application of the concessions or other obligations towards it contained in this Agreement. The notification shall specify the level of the intended suspension of the concessions or other obligations.
3. The complaining party may begin suspending the concessions or other obligations referred to in paragraph (2} of this Article 20 days after the date on which notice is sent to the complaining party, unless the complaining party makes a request under paragraph (7) of this Article,
4. The suspension of concessions or other obligations:
(a) must be at a level equivalent to the revocation or prejudice caused by the Respondent Party's failure to comply with the Final Report; and
(b) shall be limited to the privileges accruing to the complaining Party under this Agreement.
5. In determining which concessions to suspend in accordance with paragraph (2) of this Article, the complaining Party shall apply the following principles:
(a) the complaining Party shall first seek to suspend concessions in the same sector or sectors affected by the action found by the Panel to be inconsistent with this Agreement or to have caused the revocation or injury,
(b) the complaining Party may suspend concessions in other sectors, if it considers it impractical or ineffective to suspend other concessions or obligations in the same sector,
(c) in selecting the concessions to be suspended, the complaining Party shall take care to consider concessions that, at a minimum, do not impede the implementation of this Agreement.
6. The suspension of privileges or other obligations shall be temporary and until the action no longer conforms to the relevant covered provisions identified in the final report, or until the parties reach a satisfactory agreement or any necessary remedy.
7. If the complaining Party considers that the suspension of concessions is inconsistent with paragraphs (4) and (5) of this Article, that Party may request in writing that the original Committee investigate the matter no later than 15 days from the date of receipt of the notification referred to in paragraph (2} of this Article, Such request shall be simultaneously notified to the complaining Party, The Original Committee shall notify the Parties of its decision on the matter no later than 30 days from the date of receipt of the request from the complaining Party. Privileges or other obligations may not be suspended until the original panel has issued its decision. The suspension of privileges or other obligations shall be consistent with this decision.
Article 12.24. Review of Any Action Taken to Comply after the Adoption of Interim Remedies
1. Upon notification by the responding Party to the complaining Party of the action taken to comply with the final report:
(a) where the complaining Party exercises the right to suspend concessions or other obligations in accordance with Article 23 of this Chapter, the complaining Party shall terminate the suspension of concessions or other obligations no later than 30 days from the date of receipt of the notification, except in the cases referred to in paragraph (2) of this Article; or
(b) In a case where the necessary compensation has been agreed upon, the camplaining party may terminate the application of such compensation not later than 30 days from the date of receipt of the notification, except in the cases referred to in paragraph (2) of this Article.
2. If the parties do not reach agreement on whether the action reported in accordance with paragraph 1 of this Article complies with the Covered Provisions within 30 days from the date of receipt of the notification, the complaining party shall request in writing that the original panel investigate the matter, The complaining party shall be notified of this request at the same time, The Committee's decision must be communicated to both parties no later than 30 days from the date of the request, If the Committee determines that the action notified in accordance with paragraph (1) of this Article complies with the covered provisions, the suspension of concessions or other obligations, or the application of compensation, shall be terminated no later than 15 days after the date of the decision. If the Committee determines that the notified action achieves only partial compliance with the Covered Provisions, the level of suspension of concessions or other obligations, or compensation, shall be adjusted in light of the Committee's decision.
Article 12.25. Suspension and Termination of Proceedings
If the Parties so request, the Commission shall suspend its work for a period to be agreed upon by the Parties not exceeding 12 consecutive months. In the event of a suspension, the relevant time periods under this Chapter shall be extended for the same period of time as the suspension. The Committee shall resume its work before the end of the suspension period at the written request of both parties. If the Committee is suspended for more than 12 consecutive months, the authority of the Committee shall be revoked and the dispute resolution procedure shall be terminated.
Article 12.26. Choice of Forum
1. Except as otherwise provided in this Article, this Chapter is without prejudice to the rights of the Parties to resort to dispute settlement procedures available under other international trade agreements to which they are both Parties.
2. When a dispute arises with respect to the alleged inconsistency of a particular measure with an obligation under this Agreement and a substantially equivalent obligation under another international trade agreement to which both parties are party, including World Trade Organization agreements, the complaining party may choose the forum in which the dispute will be settled.
3. Once a Party has selected a forum and initiated dispute settlement proceedings under this Chapter or under the other international agreement with respect to the particular measure referred to in paragraph (2) of this Article, that Party may not initiate dispute settlement proceedings in another forum with respect to that particular measure unless the first-selected forum fails to adjudicate the substance of the dispute for judicial or procedural reasons.
4. For the purposes of paragraph (3) of this Article:
(a) dispute settlement proceedings under this Chapter shall be deemed to have commenced when a Party requests the establishment ofa panel in accordance with Article 8 of this Chapter.
(b) dispute settlement proceedings under the WTO Agreement shall be deemed to have commenced when a Party requests the establishment ofa panel in accordance with Article 6 of the WIC Dispute Settlement Memorandum of Understanding; and
(c) dispute settlement proceedings under any other agreement shall be deemed to have commenced when a Party requests the establishment ofa dispute settlement panel in accordance with the relevant provisions.
Article 12.27. Costs
1. Unless otherwise agreed by the Parties, the costs of the Panel and other expenses associated with the conduct of its proceedings shall be borne equally by the Parties.
2. Each Party shall bear its own expenses and legal costs in the Commission proceedings.
Article 12.28. Mutually Agreed Resolution
1. The Parties may reach a mutually agreed resolution at any time with respect to any dispute referred to in Article 3 of this Chapter.
2. If a mutually agreed resolution js reached during Committee proceedings, the Parties shall jointly notify such resolution to the Chairperson of the Committee, Upon such notification, the work of the Committee shall be terminated.
3. Each Party shall take the necessary measures to implement the mutually agreed solution within the agreed time period.
4. No later than the end of the agreed time period, the implementing party shall inform the other party, in writing, of any measure it has taken to implement the mutually agreed solution,
Article 12.29. Time Periods
1. All time periods provided for in this Chapter shall be calculated in calendar days from the day following the action to which they refer.
2. Any time period referred to in this chapter may be modified by mutual agreement of the parties.
Article 12.30. Annexes
The Joint Committee may amend Annex A (Rules of Procedure) and Annex B (Code of Conduct for Committee Members).
Annexes
Annex 1 Rules of Procedure
Annex 2 Code of Conduct for Committee Members
Annex 1. Rules of Procedure
Committee Timetable
1. After consultation with the parties, the panel shall, whenever possible within 7 days of the appointment of the final panelist, establish a timeline for the panel proceedings. The indicative timetable attached to the chapter should be used as a guide.
2. Committee proceedings shall, as a general rule, not exceed 120 days from the date of establishment of the committee until the date of the final report, unless otherwise agreed by the parties.
3 If the Commission considers that there is a need to modify the timetable, it shall inform the parties in writing of the proposed modification and the reason for it.
Written and other documents
Unless otherwise determined by the Committee, the complaining party shall deliver its first written submission to the Committee no later than 20 days from the date of the appointment of the final Committee member. The complaining party shall deliver its first written submission to the Committee no later than 20 days after the date of delivery of the complaining party's first written submission. Copies shall be provided to each member of the Committee.
4. Each party shall also provide a copy of its first written submission to the other party at the same time as it is delivered to the Commission.
5. Within 10 days of the conclusion of the hearing, each party may submit to the Commission and the other party a supplemental written submission to respond to any issue that arose during the hearing.
6. All written information or documents, written copies of oral submissions and responses to questions posed by the Commission to the other party to the dispute shall be sent by the parties at the same time as they are submitted to the Commission.
7. All written documents submitted to the Commission or by one party to the other must also be submitted in electronic form.
8. Minor errors of a clerical nature in any application, notice, written document, or any other document relating to the proceedings of the Committee may be corrected by the delivery of a new document clearly indicating the changes.
Work of the Committee
9. The Chairman of the Committee shall preside at all meetings of the Committee. The Committee may delegate to the Committee Chair the authority to make administrative and procedural decisions.
10. The deliberations of the Committee shall be confidential. Only committee members may participate in the committee's deliberations. Committee reports shall be drafted without the presence of the parties in the light of the information provided and statements made.
11. Opinions expressed in the committee report by individual committee members shall be anonymous,
Hearings
12. The parties shall be given the opportunity to attend hearings and committee meetings.
13. The schedule developed in accordance with Rule 1 shall include at least one hearing for the Parties to present their issues to the Commission.
13. The committee may hold additional hearings if the parties agree.
14. All committee members must be present at the hearings.
15. Committee hearings shall be held in closed session with only committee members and the parties present. However, in consultation with the parties, designated assistants, translators, or note takers may also be present at the hearings in order to assist the panel in its work. Any such arrangements made by the Commission may be modified with the consent of the Parties.
16. The hearing shall be conducted by the Committee in a manner that ensures that the complaining party and the aggrieved party are given equal time to present their position, The Commission shall conduct the hearing in the following manner: Submissions by the complaining party. Submissions by the complainant; Response by the complaining party; Counter-response by the complainant; Closing Brief of the complaining party; and Closing Brief of the complainant. The Chair of the Committee may set time limits for oral arguments to ensure that each party is given equal time.
Questions
17. The Commission may ask questions of either party at any time during the proceedings. The parties must respond promptly and fully to any request by the Commission for information that the Commission deems necessary and appropriate.
18. Where the question is in writing, each party shall also provide a copy of its response to such questions to the other party at the same time as it is delivered to the Commission. Each party shall be given the opportunity to provide written comments on the other party's response.
Confidentiality
19. The Commission's hearings and documents submitted to the Commission shall be confidential. Each Party shall treat confidential information provided to the Commission by the other Party designated by that Party as confidential.
20. Where a party identifies its written submissions to the Commission as confidential, itshall, at the request of the other party, provide the Commission and the other party with a non-confidential summary of the information contained in its written submissions that may be 20, disclosed to the public no later than 10 days after the date of the request, Nothing in these Rules shall prevent a party from disclosing its positions to the public.
Working language
21. The working language of the Commission's sessions, including written documents, oral arguments or presentations, the Commission's report, and all written and oral communications between the parties and with the Commission, shall be Arabic, or by decision of the Committee.
Place
22. The venue of the hearings shall be determined by agreement between the parties. If there is no agreement between the parties, the first hearing shall be held in the territory of the party against whom the complaint is made, and any additional hearings shall alternate between the territories of the parties.
Expenses
23. The Commission shall keep a record and provide a final account of all overheads incurred in connection with the proceedings, including those paid to its assistants, designated note takers, or other individuals retained by it.
Indicative timeline of the Committee
The Committee was established on xx/xx/xxxx.
1. Receipt of first written submissions from the Parties:
2. (i) Complaining Party: 20 days after the date of appointment of the final committee member;
(ii) Respondent party: 20 days after.
3. Date of the first hearing with the parties: 20 days after receipt of the first document submitted by the complaining party; receipt of the parties' written supplemental submissions: 10 days after the date of the first hearing.
4. Issuance of the parties' preliminary report: 90 days from the date of formation of the panel.
5. Deadline for the parties to submit written comments on the preliminary report: 15 days after issuance of the preliminary report; and
6. Issuance of the parties' final report: Within 120 days of the formation of the Committee.
Annex 2. Code of Conduct for Committee Members
Definitions
1. For the purposes of this Annex:
(a) Assistant means a person who, under the terms of appointment of a Committee member, conducts research or provides support to the Committee member.
(b) Committee member means a member of the Committee established under Article 8,
(c) Unless otherwise provided, proceedings means proceedings of the Commission taken under this Chapter; and
(d) Staff, in relation to a Committee member, means persons under the direction and control of the Committee member, other than assistants.
2. Responsibilities to the process