Sargon of Akkad - Carl Benjamin - The Trans-Pacific Partnership - Full Text (Part 3⧸5)

All Episodes

Previous Next

Nov. 19, 2015 - Sargon of Akkad - Carl Benjamin

04:43:53

The Trans-Pacific Partnership - Full Text (Part 3⧸5)

Large

Audio Only |

Scroll

Time	Text
	Subject to legal review in English, Spanish and French for accuracy, clarity.
	And consistency.
	Subject to authentication of English, Spanish and French versions.
	11-1.
	Chapter 11.
	Financial Services.
	Article 11.1, Definitions.
	For the purposes of this chapter, cross-border financial service supplier of a party means a person of a party that is.
	Engaged in the business of supplying a financial service within the territory of the party and that seeks to supply or supplies a financial service through the cross-border supply of such a service, cross-border trade in financial services or cross-border supply of financial services means the supply of a financial service.
	A. From the territory of a party into the territory of another party.
	B. In the territory of a party to a person of another party, or C. By a national of a party in the territory of another party, but does not include the supply of a financial service in the territory of a party by an investment in that territory.
	Financial institution means any financial intermediary or other enterprise that is authorized to do business and regulated or supervised as a financial institution under the law of the party in whose territory it is located.
	Financial institution of another party means a financial institution, including a branch, located in the territory of a party that is controlled by persons of another party.
	Financial service means any service of a financial nature.
	Financial services include all insurance and insurance related services, and all banking and other financial services, excluding insurance, as well as services incidental or auxiliary to a service.
	Of a financial nature.
	Financial services include the following activities, insurance and insurance-related services.
	A. Direct insurance, including co-insurance.
	I. Life.
	2.
	Non-life.
	Subject to legal review in English, Spanish and French for accuracy, clarity.
	And consistency.
	Subject to authentication of English, Spanish and French versions.
	11-2.
	B. Reinsurance and retail session.
	C. Insurance intermediation, such as brokerage and agency, and D. Services auxiliary to insurance, such as consultancy, actuarial risk.
	Assessment and claim settlement services, banking and other financial services, excluding insurance.
	E. Acceptance of deposits and other repayable funds from the public.
	F. Lending of all types, including consumer credit, mortgage credit, factoring and financing of commercial transaction.
	G. Financial leasing.
	H. All payment and money transmission services, including credit, charge, and debit cards, travelers' checks and bankers' drafts.
	I. Guarantees and commitments.
	J. Trading for own account or for accounted customers, whether on an exchange, in an over-the-counter market or otherwise, the following.
	I. Money market instruments, including checks, bills, certificates.
	Of deposits.
	2.
	Foreign exchange.
	3.
	Derivative products, including futures and options.
	4.
	Exchange rate and interest rate instruments, including products.
	Such as swaps, forward rate agreements.
	V. Transferable securities, and 6.
	Other negotiable instruments and financial assets, including bullion.
	K. Participation in issues of all kinds of securities, including underwriting.
	And placement as agent, whether publicly or privately, and provision, of services related to such issues.
	L. Money broking, subject to legal review in English, Spanish and French for accuracy, clarity, and consistency.
	Subject to authentication of English, Spanish and French versions.
	11-3.
	M. Asset management, such as cash or portfolio management, all forms of collective investment management, pension fund management, custodial, depository, and trust services.
	N. Settlement and clearing services for financial assets, including securities, derivative products, and other negotiable instruments.
	O. Provision and transfer of financial information, and financial data.
	Processing and related software by suppliers of other financial services, and P. Advisory, intermediation and other auxiliary financial services on all.
	The activities listed in SAPARAGRAS E, through, O, including credit.
	Reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy, financial service supplier of a party means a person of a party that is engaged in the business of supplying a financial service within the territory of that party.
	Investment means investment as defined in Article 9.1, definitions, except that, with respect to loans and debt instruments referred to in that article, A, a loan to audit instrument issued by a financial institution is an investment only if it is treated as regulatory capital by the party in whose territory the financial institution is located, and B.
	A loan granted by or debt instrument owned by a financial institution, other than a loan to audit instrument issued by a financial institution.
	Referred to in SAP paragraph, A, is not an investment, for greater certainty, a loan granted by or debt instrument owned by a cross-border financial service supplier, other than a loan to audit instrument issued by a financial institution, is an investment for the purposes of Chapter 9, investment, if such loan or debt instrument meets the criteria for investments set out in Article 9.1, definitions.
	Investor of a party means a party, or a person of a party, that attempts to make one.
	Is making, or has made an investment in the territory of another party, new financial service means a financial service not supplied in the party's territory.
	That is supplied within the territory of another party, and includes any new form of delivery of a financial service or the sale of a financial product that is not sold in the party's territory.
	1.
	For greater certainty, the parties understand that an investor attempts to make an investment when that investor has taken concrete action or actions to make an investment, such as channeling resources or capital in order to set up a business, or applying for permits or licenses.
	Subject to legal review in English, Spanish and French for accuracy, clarity, and consistency.
	Subject to authentication of English, Spanish and French versions.
	11-4.
	Person of a party means person of a party as defined in Article 1.3, General Definitions, and, for greater certainty, does not include a branch of an enterprise of a non-party public entity means a central bank or monetary authority of a party or any financial institution that is owned or controlled by a party,
	and self-regulatory organization means any non-governmental body including any securities or futures exchange or market clearing agency or other organization or association that exercises regulatory or supervisory authority over financial service suppliers or financial institutions by statute or delegation from central or regional government.
	Article 11.2, Scope.
	1.
	This chapter shall apply to measures adopted or maintained by a party relating to a financial institutions of another party.
	B investors of another party and investments of those investors in financial institutions in the party's territory and C. Cross-border trade in financial services.
	2.
	Chapter 9, Investment, and Chapter 10, Cross-Border Trade in Services, shall apply to measures described in paragraph 1 only to the extent that those chapters or articles of those chapters are incorporated into this chapter.
	A, Article 9.6, Minimum Standard of Treatment, Article 9.7, Treatment.
	In the case of armed conflict or civil strife, Article 9.8.
	Expropriation and compensation, Article 9.9, Transfers, Article 9.13, Special Formalities and Information Requirements, Article 9.14.
	Denial of Benefits, Article 9.15, Investment and Environmental, Health and Other Regulatory Objectives, and Article 10.10 Denial of Benefits, are hereby incorporated into and made a part of this chapter.
	B. Section B of Chapter 9, Investment, is hereby incorporated into and made a part of this chapter 2 solely for claims that a party has breached.
	Article 9.6, Minimum Standard of Treatment, 3.
	Article 9.7, Treatment.
	2.
	For greater certainty, Section B of Chapter 9, Investment, shall not apply to cross-border trade in financial services.
	3.
	With respect to Brunei de Russalaim, Chile, Mexico and Peru, Annex 11E applies.
	Subject to legal review in English, Spanish and French for accuracy, clarity, and consistency.
	Subject to authentication of English, Spanish and French versions.
	11-5.
	In the case of armed conflict or civil strife, Article 9.8.
	Expropriation and compensation, Article 9.9, Transfers, Article 9.13, Special Formalities and Information Requirements, and Article 9.14, Denial of Benefits, Incorporated into this chapter under.
	So paragraph, 4.
	C. Article 10.12, Payments and Transfers, is incorporated into and may. a part of this chapter to the extent that cross-border trade in financial services is subject to obligations pursuant to Article 11.6, cross-border trade.
	3.
	This chapter shall not apply to measures adopted or maintained by a party.
	Relating to activities or services forming part of a public retirement plan or statutory system of social security or b activities or services conducted for the account or with the guarantee or using the financial resources of the party, including its public entities,
	except that this chapter shall apply to the extent that a party allows any of the activities or services referred to in sub paragraph A or B to be conducted by its financial institutions in competition with the public entity or a financial institution.
	4.
	This chapter shall not apply to government procurement of financial services.
	5.
	This chapter shall not apply to subsidies or grants with respect to the cross-border supply of financial services, including government-supported loans, guarantees, and insurance.
	4.
	For greater certainty, if an investor of a party submits a claim to arbitration under section B of Chapter 9, Investment.
	1.
	As referenced in Article 9.23.7, Conduct of the Arbitration, the investor has the burden of proving all elements of its claims, consistent with general principles of international law applicable to international investment arbitration.
	2.
	Pursuant to Article 9.23.4, a tribunal shall address and decide as a preliminary question any objection by the respondent that, as a matter of law, a claim submitted is not a claim for which an award in favor of the claimant may be made under Article 9.29, awards, and, 3, pursuant to Article 9.23.6,
	the tribunal may, if warranted, award to the prevailing disputing party reasonable costs and attorney's fees incurred in submitting or opposing the objection and, in determining whether such an award is warranted, the tribunal shall consider whether either the claimant's claim or the respondent's objection was frivolous and shall provide the disputing parties a reasonable opportunity to comment.
	Subject to legal review in English, Spanish and French for accuracy, clarity, and consistency.
	Subject to authentication of English, Spanish and French versions.
	11-6.
	Article 11.3, National Treatment 5.
	1.
	Each party shall accord to investors of another party treatment no less.
	Favorable than that it accords to its own investors, in like circumstances, with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of financial institutions and investments in financial institutions in its territory.
	2.
	Each party shall accord to financial institutions of another party, and the investments of investors of another party and financial institutions, treatment no less. favorable than that it accords to its own financial institutions, and to investments of its own investors in financial institutions, in like circumstances, with respect to the establishment, acquisition, expansion, management, conduct, operation,
	and sale or other disposition of financial institutions and investments.
	3.
	For greater certainty, the treatment to be accorded by a party under paragraphs 1 and 2 means, with respect to a regional level of government, treatment no less favorable than the most favorable treatment accorded, in like circumstances, by that regional level of government to investors, financial institutions and investments of investors in financial institutions of the party of which it forms a part.
	4.
	For the purposes of the national treatment obligations in Article 11.6.1, cross-border trade, a party shall accord to cross-border financial service suppliers of another party treatment no less favorable than that it accords to its own financial service suppliers, in like circumstances, with respect to the supply of the relevant service.
	Article 11.4, most favored nation treatment.
	1.
	Each party shall accord the investors of another party treatment no less favorable than that it accords to investors of any other party or of a non-party in like circumstances.
	B financial institutions of another party, treatment no less favorable than that it accords to financial institutions of any other party or of the non-party in like circumstances.
	5. For greater certainty, whether treatment is accorded in like circumstances under Article 11.3. National treatment, or Article 11.4, most favoured nation treatment, depends on the totality of the. Circumstances, including whether the relevant treatment distinguishes between investors, investments, financial institutions or financial service suppliers on the basis of legitimate public welfare objectives.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	11-7 c investments of investors of another party and financial institutions, treatment no less favorable than that it accords to investments of investors of any other party or of a non-party and financial institutions in like circumstances and.
	D cross-border financial service suppliers of another party, treatment no less favorable than that it accords to cross-border financial service suppliers of any other party or of a non-party in like circumstances 2.
	For greater certainty, the treatment referred to in paragraph 1 does not encompass international dispute resolution procedures or mechanisms such as those included in Article 11.2.2, B. Scope.
	Article 11.5, Market Access for Financial Institutions.
	No party shall adopt or maintain with respect to financial institutions of Another party or investors of another party seeking to establish those institutions, either on the basis of a regional subdivision or on the basis of its entire territory, measures that impose limitations on.
	I.
	The number of financial institutions whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirement of an economic needs test.
	2.
	The total value of financial service transactions or assets in the form of numerical quotas or the requirement of an economic needs test.
	3.
	The total number of financial service operations or the total quantity of financial services output expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test 6 or 4.
	The total number of natural persons that may be employed in a particular financial service sector or that a financial institution may employ and who are necessary for, and directly related to,
	the supply of a specific financial service in the form of numerical quotas or the requirement of an economic needs test or 6 a paragraph a 3 does not cover measures of a party which limit inputs for the supply of financial services subject to legal review in English, Spanish and French for accuracy, clarity, and consistency.
	Subject to authentication of English, Spanish and French versions.
	11-8.
	b restrict or require specific types of legal and entity or joint venture through which a financial institution may supply a service.
	Article 11.6, cross-border trade.
	1. Each party shall permit, under terms and conditions that are called national treatment, cross-border financial service suppliers of another party to supply the financial services specified in Annex 11A, cross-border trade.
	2.
	Each party shall permit persons located in its territory, and its nationals, wherever located, to purchase financial services from cross-border financial service.
	Suppliers of another party located in the territory of a party other than the permitting party.
	This obligation does not require a party to permit those suppliers to do business or solicit in its territory.
	A party may define doing business and solicitation for the purposes of this obligation provided that those definitions are not inconsistent with paragraph 1.
	3.
	Without prejudice to other means of prudential regulation of cross-border trade in financial services, a party may require the registration or authorization of cross-border financial service suppliers of another party and of financial instruments.
	Article 11.7, New Financial Services 7.
	Each party shall permit a financial institution of another party to supply a new financial service that the party would permit its own financial institutions, in like circumstances, to supply without adopting a law or modifying an existing law.8.
	Notwithstanding Article 11.5, b. Market access for financial institutions, a party may determine the institutional and juridical form through which the new financial service may be supplied and may require authorization for the supply of the service.
	If a party requires a financial institution to obtain authorization to supply a new financial service, the party shall decide within a reasonable period of time whether to issue the authorization and may refuse the authorization only for prudential reasons.
	Article 11.8, Treatment of Certain Information.
	Nothing in this chapter shall require a party to furnish or allow access to 7.
	The parties understand that nothing in this article prevents a financial institution of a party from applying to another party to request that it authorize the supply of a financial service that is not supplied in the territory of any party.
	That application shall be subject to the law of the party to which the application is made and, for greater certainty, shall not be subject to this article.
	8.
	For greater certainty, a party may issue a new regulation or other subordinate measure in permitting the supply of the new financial service.
	Subject to legal review in English, Spanish and French for accuracy, clarity, and consistency.
	Subject to authentication of English, Spanish and French versions.
	11-9.
	A. Information related to the financial affairs and accounts of individual customers of financial institutions or cross-border financial service suppliers or b any confidential information, the disclosure of which will impede law enforcement or otherwise be contrary to the public interest or prejudice legitimate commercial interests of particular enterprises.
	Article 11.9, Senior Management and Boards of Directors.
	1.
	No party shall require financial institutions of another party to engage natural persons of any particular nationality as senior managerial or other essential personnel.
	2.
	No party shall require that more than a minority of the board of directors of a financial institution of another party be composed of nationals of the party, persons residing in the territory of the party, or a combination thereof.
	Article 11.10, non-conforming measures.
	1.
	Article 11.3, National Treatment, through Article 11.6, Cross-Border Trade, and Article 11.9, Senior Management and Boards of Directors, shall not apply to any existing non-conforming measure that is maintained by a party at I.
	The central level of government as set out by that party in section of its schedule to annex 3.
	2.
	A regional level of government as set out by that party in section of its schedule to annex 3, or, 3, a local level of government.
	b the continuation or prompt renewal of any non-conforming measure referred to in sub paragraph a or c.
	Amendment to any non-conforming measure referred to in so paragraph a, to the extent that the amendment does not decrease the conformity of the measure as it existed.
	9 I immediately before the amendment with article 11.3, national treatment, article 11.4 most favored nation treatment.
	9 with respect to the at name, annex 11c applies Subject to legal review in English, Spanish and French for accuracy, clarity, and consistency.
	Subject to authentication of English, Spanish and French versions.
	11-10.
	Article 11.5, Market Access for Financial Institutions, or Article 11.9, Senior Management and Boards of Directors, or 2.
	On the date of entry into force of the agreement for the party.
	Applying the non-conforming measure, with Article 11.6.
	Cross-border trade.
	2.
	Article 11.3, National Treatment, Article 11.4, Most Favored Nation. Treatment, Article 11.5, Market Access for Financial Institutions, Article 11.6. Cross-border trade, and Article 11.9, Senior Management and Boards of Directors, shall not apply to any measure that a party adopts or maintains with respect to sectors,
	subsectors or activities, as set out by that party in Section B of its schedule to annex.
	3.
	3.
	A non-conforming measure, set out in a party's schedule to annex I or to as.
	Not subject to Article 9.4, National Treatment, Article 9.5, Most Favored Nation.
	Treatment, Article 9.11, Senior Management and Boards of Directors, Article 10.3.
	National Treatment, or Article 10.4, Most Favored Nation Treatment, shall be treated as a non-conforming measure not subject to Article 11.3, National Treatment, Article 11.4, Most Favored Nation Treatment, or Article 11.9, Senior Management and Boards of Directors, as the case may be, to the extent that the measure, sector,
	subsector or activity set out in the entry is covered by this chapter.
	4.
	A. Article 11.3, National Treatment, shall not apply to any measure that falls within an exception to, or derogation from, the obligations which are imposed by.
	I, Article 18.8, National Treatment, or 2, Article 3 of the TRIPS Agreement, if the exception or derogation relates to matters not addressed by Chapter 18.
	Intellectual Property.
	B Article 11.4, Most Favored Nation Treatment, shall not apply to any measure that falls within Article 5 of the TRIPS Agreement, or an exception to, or derogation from, the obligations which are imposed.
	By I, Article 18.8, National Treatment, or 2, Article 4 of the TRIPS Agreement.
	Article 11.11, Exceptions.
	1.
	Notwithstanding any other provisions of this chapter and agreement except.
	For Chapter 2, National Treatment and Market Access for Goods, Chapter 3, Rules of Origin and Origin Procedures, Chapter 4, Textiles and Apparel, Chapter 5, Customs.
	Subject to legal review in English, Spanish and French for accuracy, clarity, and consistency.
	Subject to authentication of English, Spanish and French versions.
	11-11.
	Administration and Trade Facilitation, Chapter 6, Trade Remedies, Chapter 7. Sanitary and Byto Sanitary Measures and Chapter 8, Technical Barriers to Trade, Party shall not be prevented from adopting or maintaining measures for prudential reasons, 10, 11 including for the protection of investors, depositors,
	policyholders or persons to whom a fiduciary duty is owed by a financial institution or cross-border financial service supplier, or to ensure the integrity and stability of the financial system.
	If these measures do not conform with the provisions of this agreement, which this exception applies, they shall not be used as a means of avoiding the party's commitments or obligations under those provisions.
	2.
	Nothing in this chapter, Chapter 9, Investment, Chapter 10, Cross-Border Trade in Services, Chapter 13, Telecommunications, including specifically Article 13.24, Relation to Other Chapters, or Chapter 14, Electronic Commerce, shall apply.
	To non-discriminatory measures of general application taken by any public entity in pursuit of monetary and related credit policies or exchange rate policies.
	This paragraph shall not affect a party's obligations under Article 9.10, Performance.
	Requirements, with respect to measures covered by Chapter 9, Investment, under Article 9.9, Transfers, or Article 10.12, Payments and Transfers.
	3.
	Notwithstanding Article 9.9, Transfers, and Article 10.12, Payments and Transfers, as incorporated into this chapter, a party may prevent or limit transfers by a financial institution or cross-border financial service supplier to, or for the benefit, of, an affiliate of or person related to such institution or supplier, through the equitable,
	non-discriminatory and good faith application of measures relating to maintenance of the safety, soundness, integrity, or financial responsibility of financial institutions or cross-border financial service suppliers.
	This paragraph does not prejudice any other provision of this agreement that permits a party to restrict transfers.
	4.
	For greater certainty, nothing in this chapter shall be construed to prevent a party from adopting or enforcing measures necessary to secure compliance with laws or regulations that are not inconsistent with this chapter, including those relating to the prevention of deceptive and fraudulent practices or to deal with the effects of a default on financial services contracts,
	Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between parties or between parties and non-parties, where.
	10.
	The parties understand that the term prudential reasons includes the maintenance of the safety, soundness, integrity, or financial responsibility of individual financial institutions or cross-border financial service supplies, as well as the safety, and financial and operational integrity of payment and clearing systems.
	11 For greater certainty, if a measure challenged under section B of Chapter 9, investment, is determined to have been adopted or maintained by a party for prudential reasons in accordance with procedures in Article 11.22,
	investment disputes in financial services, a tribunal shall find that the measure is not inconsistent with the party's obligations in the agreement and accordingly shall not award any damages with respect to that measure.
	Subject to legal review in English, Spanish and French for accuracy, clarity, and consistency.
	Subject to authentication of English, Spanish and French versions.
	11-12.
	Like conditions prevail, or a disguised restriction on investment in financial institutions or cross-border trade in financial services as covered by this chapter.
	Article 11.12, recognition.
	1. A party may recognize prudential measures of another party or a non-party in.
	The application of measures covered by this chapter.12 That recognition may be a accorded autonomously.
	B. Achieved through harmonization or other means or c.
	Based upon an agreement or arrangement with another party or a non-party.
	2. A party that accords recognition of prudential measures under paragraph 1 shall provide adequate opportunity to another party to demonstrate that circumstances exist in which there are or would be equivalent regulation, oversight, implementation of regulation and, if appropriate, procedures concerning the sharing of information between the relevant parties.
	3.
	If a party accords recognition of prudential measures under paragraph 1, C, and the circumstances set out in paragraph 2 exist, that party shall provide adequate opportunity to another party to negotiate accession to the agreement or arrangement, or to negotiate a comparable agreement or arrangement.
	Article 11.13, Transparency and Administration of Certain Measures.
	1. The parties recognize that transparent regulations and policies governing the activities of financial institutions and cross-border financial service suppliers are important in facilitating their ability to gain access to and operate in each other's markets.
	Each party commits to promote regulatory transparency in financial services.
	2. Each party shall ensure that all measures of general application to which this chapter applies are administered in a reasonable, objective and impartial manner.
	3.
	Paragraphs 2, 3 and 4 of Article 26.2, Publication, shall not apply to regulations of general application relating to the subject matter of this chapter.
	Each party shall, to the extent practicable.
	12 For greater certainty, nothing in Article 11.4, most favored nation treatment, should be construed.
	To require a party to accord recognition to prudential measures of any other party.
	Subject to legal review in English, Spanish and French for accuracy, clarity, and consistency.
	Subject to authentication of English, Spanish and French versions.
	11-13.
	A. Publish in advance any such regulation that proposes to adopt and the purpose of the regulation, and b provide interested persons and other parties with a reasonable opportunity to comment on that proposed regulation.
	4. At the time that it adopts a final regulation, a party should, to the extent practicable, address in writing the substantive comments received from interested persons with respect to the proposed regulation.13.
	5. To the extent practicable, each party should allow a reasonable period of time between publication of a final regulation of general application and the date when it enters into effect.
	6. Each party shall ensure that the rules of general application adopted or maintained by a self-regulatory organization of the party are promptly published or otherwise made available in a manner that enables interested persons to become acquainted with them.
	7. Each party shall maintain or establish appropriate mechanisms for responding to inquiries from interested persons regarding measures of general application covered by this chapter.
	8. Each party S regulatory authorities shall make publicly available the requirements, including any documentation required for completing an application relating to the supply of financial services.
	9. On request of an applicant, a party S regulatory authority shall inform the applicant of the status of its application.
	If the authority requires additional information from the applicant, it shall notify the applicant without undue delay.
	10. A party S regulatory authority shall make an administrative decision on a complete application of an investor in a financial institution, a financial institution or a cross-border financial service supplier of another party relating to the supply of a financial service within 120 days and shall promptly notify the applicant of the decision.
	An application shall not be considered complete until all relevant hearings have been held and all necessary information has been received.
	If it is not practicable for a decision to be made within 120 days, the regulatory authority shall notify the applicant without undue delay and shall endeavor to make the decision within a reasonable period of time thereafter.
	13 For greater certainty, a party may address those comments collectively on an official government website.
	Subject to legal review in English, Spanish and French for accuracy, clarity, and consistency.
	Subject to authentication of English, Spanish and French versions.
	11-14.
	11.
	On request of an unsuccessful applicant, a regulatory authority that is denied.
	An application shall, to the extent practicable, inform the applicant of the reasons for denial of the application.
	Article 11.14, self-regulatory organizations.
	If a party requires a financial institution or a cross-border financial service supplier of another party to be a member of, participate in, or have access to, a self-regulatory organization in order to provide a financial service in or into its territory, it shall ensure that the self-regulatory organization observes the obligations contained in Article 11.3,
	National Treatment, and Article 11.4, Most Favored Nation Treatment.
	Article 11.15, Payment and Clearing Systems.
	Under terms and conditions that accord national treatment, each party shall grant financial institutions of another party established in its territory access to payment and clearing systems operated by public entities and to official funding and refinancing facilities available in the normal course of ordinary business.
	This article is not intended to confer access to the party S lender of last resort facilities.
	Article 11.16, Expedited Availability of Insurance Services.
	The parties recognize the importance of maintaining and developing regulatory procedures to expedite the offering of insurance services by licensed suppliers.
	These procedures may include allowing introduction of products unless those products are disapproved within a reasonable period of time, not requiring product approval or authorization of insurance lines for insurance other than insurance sold to individuals or compulsory insurance, or not imposing limitations on the number or frequency of product introductions.
	If a party maintains regulatory product approval procedures, that party shall endeavor to maintain or improve those procedures.
	Article 11.17, Performance of Black Office Functions.
	1. The parties recognize that the performance of the back office functions of a financial institution in its territory by the head office or an affiliate of the financial institution, or by an unrelated service supplier, either inside or outside its territory, is important to the effective management and efficient operation of that financial institution.
	While a party may require financial institutions to ensure compliance with any domestic requirements applicable to those functions, they recognize the importance of avoiding the imposition of arbitrary requirements on the performance of those functions.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	11-15.
	2. For greater certainty, nothing in paragraph 1 prevents a party from requiring a financial institution in its territory to retain certain functions.
	Article 11.18, Specific Commitments.
	Annex 11B, specific commitments sets out certain specific commitments by each party.
	Article 11.19, Committee on Financial Services.
	1. The parties hereby establish a Committee on Financial Services, Committee.
	The principal representative of each party shall be an official of the Party S authority.
	Responsible for financial services set out in Annex 11D.
	Authorities responsible for financial services.
	2. The committee shall supervise the implementation of this chapter and its further elaboration.
	B consider issues regarding financial services that are referred to it by a party and.
	C participate in the dispute settlement procedures in accordance with article 11.22 investment disputes in financial services 3.
	The committee shall meet annually or as it decides otherwise, to assess the functioning of this agreement as it applies to financial services.
	The committee shall inform the commission of the results of any meeting.
	Article 11.20 consultations, 1.
	A party may request in writing consultations with another party regarding any matter arising under this agreement that affects financial services.
	The other party shall give sympathetic consideration to the request to hold consultations.
	The consulting parties shall report the results of their consultations to the committee.
	2 with regard to matters relating to existing non-conforming measures maintained by a party at a regional level of government, as referred to in article 11.10.1 a.
	2 non-conforming measures, a party may request information on any non-conforming measure at the regional level of government of another party.
	Each party shall establish a contact point to respond to those requests and to facilitate subject to legal review in English, Spanish and French for accuracy, clarity and consistency, subject to authentication of English, Spanish and French versions.
	11-16 the exchange of information regarding the operation of measures covered by those requests.
	B if a party considers that a non-conforming measure applied by a regional level of government of another party creates a material impediment to trade or investment by a financial institution, an investor investments in a financial institution or a cross-border financial service supplier, the party may request consultations with regard to that measure.
	These parties shall enter into consultations with a view to exchanging information on the operation of the measure And to considering whether further steps are necessary and appropriate.
	3.
	Consultations under this article shall include officials of the authorities.
	Specified in Annex 11D, authorities responsible for financial services.
	4.
	For greater certainty, nothing in this article shall be construed to require a party to derogate from its law regarding sharing of information between financial regulators or the requirements of an agreement or arrangement between financial authorities of the parties, or to require a regulatory authority to take any action that would interfere with specific regulatory, supervisory, administrative or enforcement matters.
	Article 11.21, Dispute Settlement.
	1.
	Chapter 28, Dispute Settlement shall apply as modified by this article to the settlement of disputes arising under this chapter.
	2.
	If a party claims that a dispute arises under this chapter, Article 28.9 Composition of Panels shall apply, except that, if the disputing parties agree, each panelist shall meet the qualifications in paragraph 3, and B.
	In any other case, I, each disputing party shall select panelists that meet the qualifications set out in either paragraph 3 or Article 28.10.1 qualifications of panelists, and 2.
	If the responding party invokes Article 11.11 exceptions, the chair of the panel shall meet the qualifications set out in paragraph 3 unless the disputing parties otherwise agree.
	3.
	In addition to the requirements set out in Article 28.10.1, B. D. D. Qualifications of Panelists, Panelists in disputes arising under this chapter shall have expertise or experience in financial services law or practice, which may include the regulation of financial institutions.
	Subject to legal review in English, Spanish and French for accuracy, clarity, and consistency.
	Subject to authentication of English, Spanish and French versions.
	11-17.
	4.
	A party may request the establishment of a panel pursuant to Article 11.22.2, C. Investment Disputes in Financial Services, to consider whether and to what extent Article 11.11, exceptions, is a valid defense to a claim without having to request consultations under Article 28.5, consultations.
	The panel shall endeavor to present its initial report pursuant to Article 28.17, initial report, within 150 days after the last panelist is appointed.
	5.
	If a party seeks to suspend benefits in the financial services sector, a panel that reconvenes to make a determination on the proposed suspension of benefits, in accordance with Article 28.20.6, non-implementation compensation and suspension of benefits, shall seek the views of financial services experts, as necessary.
	Article 11.22, Investment Disputes in Financial Services.
	1.
	If an investor of a party submits a claim to arbitration under Section B of Chapter 9, Investment, challenging a measure relating to regulation or supervision of financial institutions, markets or instruments, the expertise or experience of any particular candidate with respect to financial services law or practice shall be taken into account in the appointment of arbitrators to the tribunal.
	2.
	If an investor of a party submits a claim to arbitration under section B of Chapter 9, Investment, and the respondent invokes Article 11.11, Exceptions as a defense, the following provisions of this article shall apply.
	A.
	The respondent shall, no later than the date the tribunal fixes for the respondent to submit its counter-memorial, or in the case of an amendment to the notice of arbitration, the date the tribunal fixes for the respondent to submit its response to the amendment submit in writing to the authorities responsible for financial services of the party of the claimant as set out in Annex 11D,
	authorities responsible for financial services, a request for a joint determination by the authorities of the respondent and the party of the claimant on the issue of whether and to what extent Article 11.11, exceptions, is a valid defense to the claim.
	The respondent shall promptly provide the tribunal if constituted and the non-disputing parties a copy of the request.
	The arbitration may proceed with respect to the claim only as provided in paragraph 4.14.14 For the purposes of this article, joint determination means a determination by the authorities responsible for financial services of the respondent and of the party of the claimant as set out in Annex 11D, authorities responsible for financial services.
	If, within 14 days of the date of the receipt of a request for a joint determination another party provides a written notice to the respondent and the party of the claimant indicating its substantial interest in the matter subject to the request,
	that other party's authorities responsible for financial services may participate in discussions regarding the subject to legal review in English, Spanish and French for accuracy, clarity, and consistency.
	Subject to authentication of English, Spanish and French versions.
	11-18.
	B.
	The authorities of the respondent and the party of the claimant shall attempt in good faith to make a determination as described in sub paragraph.
	Any such determination shall be transmitted promptly to the disputing parties, the committee and, if constituted, to the tribunal.
	The determination shall be binding on the tribunal and any decision or award issued by the tribunal must be consistent with that determination c.
	If the authorities referred to in sub paragraphs a and b have not made a determination within 120 days of the date of receipt of the respondent's written request for a determination under sa paragraph a, the respondent or the party of the claimant may request the Establishment of a panel under Chapter 28,
	dispute settlement, to consider whether and to what extent Article 11.11 exceptions is a valid defense to the claim.
	The panel established under Article 28.7.
	Establishment of a panel shall be constituted in accordance with Article 11.21, Dispute Settlement.
	Further to Article 28.18, Final Report, the panel shall transmit its final report to the disputing parties and to the tribunal.
	3.
	The final report of a panel referred to in paragraph 2, C, shall be binding on the tribunal, and any decision or award issued by the tribunal must be consistent with the final report.
	4.
	If no request for the establishment of a panel pursuant to paragraph 2, C, has been made within 10 days of the expiration of the 120-day period referred to in paragraph 2, C, the tribunal established under Article 9.19, submission of a claim to arbitration, may proceed with respect to the claim.
	The tribunal shall draw no inference regarding the application of Article 11.11, exceptions, from the fact that the authorities have not made a determination as described in paragraphs 2, A, B, and, C. B.
	The party of the claimant may make oral and written submissions to the tribunal regarding the issue of whether and to what extent Article 11.11, exceptions, is a valid defense to the claim.
	Unless it makes such a submission, the party of the claimant shall be presumed, for the purposes of the arbitration, to take a position on Article 11.11 that is not inconsistent with that of the respondent matter.
	The joint determination shall be made by the authorities responsible for financial services of the respondent and the party of the claimant.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	11-19.
	5.
	For the purposes of this article, the definitions of the following terms set out.
	In Article 9.1, definitions, are incorporated, mutatis mutandis, claimant, disputing.
	Parties, disputing party, non-disputing party and respondent.
	Subject to legal review in English, Spanish and French for accuracy, clarity, and consistency.
	Subject to authentication of English, Spanish and French versions.
	1101.
	Annex 11R.
	Cross-border trade.
	Australia.
	Insurance and Insurance Related Services.
	1.
	Article 1 1.6.1, cross-border trade, shall apply to the cross-border supply of, or trade in financial services, as defined in the paragraph, A, of the definition of, cross-border supply of financial services in Article 11.1, definitions, with respect, to a, insurance of risks related to, I, maritime shipping and commercial aviation and space.
	Launching and freight, including satellites, with such insurance.
	To cover any or all of the following, the goods being transported, the vehicle transporting the goods, and any liability.
	Arising therefrom, and 2.
	Goods in international transit.
	B. Reinsurance and retrocession.
	C. Services auxiliary to insurance, such as consultancy, risk assessment, actuarial and claim settlement services, and D. Insurance intermediation, such as brokerage and agency, as referred there, in Separagraph, C, of the definition of financial service in Article 11.1, Definitions, of Insurance of Risks Related to Services Listed in.
	SAPARAGRAFS A and B, of this paragraph.
	Banking and other financial services, excluding insurance, 2.
	Article 11.6.1, Cross-Border Trade, shall apply to the cross-border supply of, or trade in financial services, as defined in the paragraph, A, of the definition of, cross-border supply of financial services in Article 11.1, Definitions, with respect.
	De.
	A, provision and transfer of financial information, and financial data.
	Processing and related software relating to banking and other financial services, as referred to in SAPARAP, O, of the definition of, financial service in Article 11.1, Definitions, and Subject to Legal Review in English, Spanish and French for accuracy, clarity, and consistency.
	Subject to authentication of English, Spanish and French versions.
	11A2.
	B. Advisory, and other auxiliary services, excluding intermediation relating to banking and other financial services, as referred to in.
	Sir Paragraph, P, of the, definition of financial service in Article 11.1.
	Definitions.
	Subject to legal review in English, Spanish and French for accuracy, clarity, and consistency.
	Subject to authentication of English, Spanish and French versions.
	113.
	Brunei der Russell aim.
	Insurance and insurance related services.
	1.
	Article 1 1.6.1, Cross-border trade, shall apply to the cross-border supply of.
	Or trade in financial services, as defined in the paragraph, A, of the definition of.
	Cross-border supply of financial services in Article 11.1, Definitions, with respect.
	De.
	A. Insurance of risks relating to.
	I. Maritime.
	Shipping and Commercial Aviation and Space.
	Launching and Freight, including satellites, with such insurance.
	To cover any or all of the following, the goods being.
	Transported, the vehicle transporting the goods, and any liability.
	Arising therefrom, and 2.
	Goods in international transit.
	B. Reinsurance and retrocession.
	C services auxiliary to insurance, such as consultancy, risk assessment, actuarial and claim settlement services.
	Banking and other financial services, excluding insurance, to article 11.6.1, cross-border trade, shall apply only with respect to our provision and transfer of financial information,
	and B provision and transfer of financial data processing and related software relating to banking and other financial services as referred to in Sir Paragraph O of the definition of financial service in Article 11.1 Definitions Subject to legal review in English, Spanish and French for accuracy, clarity, and consistency.
	Subject to authentication of English, Spanish and French versions.
	11 of 4.
	Canada 15.
	Insurance and insurance related services.
	1.
	Article 1 1.6.1, cross-border trade, shall apply to the cross-border supply of or trade in financial services, as defined in the paragraph, A, of the definition of, cross-border supply of financial services in Article 11.1, definitions, with respect to.
	A, insurance of risks relating to.
	I, maritime transport, and commercial aviation and space.
	Launching and freight, including satellites, with such insurance.
	To cover any or all of the following, the goods being transported, the vehicle transporting the goods, and any liability.
	Deriving therefrom, and 2.
	Goods in international transit.
	B. Reinsurance and retrocession.
	C. Services auxiliary to insurance, as described in Sir Paragraph, D, of the definition of financial service in Article KK.11.1, Definitions, and D. Insurance Intermediation, such as brokerage and agency, as referred the, in Separagraph, C, of the definition of financial service in Article 11.1, Definitions,
	of Insurance of Risks Related to Services Listed in Separagraphs, A, and, B, of this paragraph.
	Banking and other financial services, excluding insurance, 2.
	Article 11.6.1, cross-border trade, shall apply to the cross-border supply of, or trade in financial services, as defined in the paragraph, A, of the definition of cross-border supply of financial services in Article 11.1, cross-border trade, with respect to provision and transfer of financial information, and financial data.
	Processing, as referred to in SAPARGRAPH, O, of the definition of financial service in Article 11.1, Definitions, and B, advisory and other auxiliary financial services, and credit reference and analysis, excluding intermediation relating to banking and other.
	15 For greater certainty, Canada requires that a cross-border financial services supplier maintain a local agent and records in Canada.
	Subject to legal review in English, Spanish and French for accuracy, clarity, and consistency.
	Subject to authentication of English, Spanish and French versions.
	11 of 5.
	Financial services, as referred to in SAPARAGRAPH, P, of the definition of financial service in Article 11.1, Definitions.
	Subject to legal review in English, Spanish and French for accuracy, clarity, and consistency.
	Subject to authentication of English, Spanish and French versions.
	11A6.
	Chile.
	Insurance and insurance related services.
	1.
	Article 11.6.1, cross-border trade, shall apply to the cross-border supply of or trade in financial services, as defined in SAPARGRAPH, A, of the definition of cross-border supply of financial services in Article 11.1, Definitions, with respect to A, insurance of risks relating to.
	I, international maritime, shipping and international commercial aviation and space launching and freight, including satellites, with such insurance to cover any or all of the following, the goods being transported, the vehicle transporting the goods, and any liability deriving therefrom, and 2.
	Goods in international transit.
	B. Brokerage of Insurance of Risks Rating to Separagraphs, A, I, AND.
	A, 2, and C. Reinsurance and Retrocession, Reinsurance Brokerage, and Consultancy, Actuarial and Risk Assessment Services.
	Banking and other financial services, excluding insurance, 2.
	Article 11.6.1, Cross-border trade, shall apply with respect to A, provision and transfer of financial information, as referred to in.
	Sir Paragraph, O, of the definition of financial service in Article 11.1.
	Definitions.
	B. Financial data processing, as referred to in SAPARAP, O, of the Definition of Financial Service in Article 11.1, Definitions, Subject A. Prior Authorization from the Relevant Regulator, as required, 16 and C.
	Advisory, and other auxiliary financial services, excluding intermediation and credit reference and analysis, relating to banking and other financial services, as referred to in Separagraph, P, of the Definition of Financial Service in Article 11.1, Definitions.
	16.
	The parties understand that if the financial information or financial data processing referred to in Separagraphs A and B involve personal data, the treatment of such personal data shall be in accordance with Chilean law regulating the protection of such data.
	Subject to legal review in English, Spanish and French for accuracy, clarity, and consistency.
	Subject to authentication of English, Spanish and French versions.
	11 A7.
	3.
	It is understood that a party's commitments on cross-border investment.
	Advisory services shall not, in and of themselves, be construed to require the party to permit the public offering of securities, as defined under its relevant law, in the territory of the party by cross-border suppliers of the other party who supply or seek.
	To supply such investment advisory services.
	A party may subject the cross-border suppliers of investment advisory services to regulatory and registration requirements.
	Subject to legal review in English, Spanish and French for accuracy, clarity, and consistency.
	Subject to authentication of English, Spanish and French versions.
	11 or 8.
	Japan.
	Insurance and insurance related services.
	1.
	Article 1 1.6.1.
	Cross-border trade shall apply to the cross-border supply of.
	Or trade in financial services.
	As defined in the paragraph of the definition of cross-border supply of financial services in Article 11.1.
	Definitions.
	With respect.
	De.
	A. Insurance of risks relating to.
	I. Maritime Shipping and Commercial Aviation and Space.
	Launching and Freight, including satellites, with such insurance.
	To cover any or all of the following, the goods being transported, the vehicle transporting the goods, and any liability.
	Arising therefrom, and 2.
	Goods in international transit.
	B. Reinsurance, retrocession, and services auxiliary to insurance as.
	Referred to in SAPARAGRAP D, of the definition of financial service.
	In Article 11.1, Definitions, and C. Insurance Intermediation, such as brokerage and agency, as referred the.
	In SAPARAP, C, of the definition of financial service in Article 11.1, Definitions, of Insurance of Risks Related to Services Listed in Separagraphs, A, and, B, of this paragraph.17. Banking and other financial services, excluding insurance, 2. Article 11.6.1, cross-border trade, shall apply to the cross-border supply of,
	or trade in financial services, as defined in the paragraph, A, of the definition of cross-border supply of financial services in Article 11.1, Definitions, with respect. De. A,
	securities-related transactions with financial institutions and other entities in Japan as prescribed by the relevant laws and regulations of Japan. 17. Insurance intermediation services may be supplied only for insurance contracts allowed to be supplied in Japan. Subject to legal review in English,
	Spanish and French for accuracy, clarity, and consistency. Subject to authentication of English, Spanish and French versions. 11A9. B. Sales of a beneficiary certificate to the investment trust and in investment security,
	through securities firms in Japan, 18. C. Provision and transfer of financial information, and financial data. Processing and related software, as referred to in SAPARAGRAPH, O, of the definition of financial service in Article 11.1, Definitions, and D. Advisory and other auxiliary services,
	excluding intermediation relating to banking and other financial services, as referred to in Saparagraph, P, of the definition of financial service in Article 11.1. Definitions. 18. Solicitation must be conducted by securities firms in Japan. Subject to legal review in English,
	Spanish and French for accuracy, clarity, and consistency. Subject to authentication of English, Spanish and French versions. 1110. Malaysia. Insurance and insurance related services. 1. Article 1 1.6.1,
	Cross-border trade, shall apply to the cross-border supply of or trade in financial services, as defined in the paragraph, a, of the definition of, cross-border supply of financial services in Article 11.1, definitions, with respect, to. Insurance of risks relating to I, maritime shipping, and commercial aviation and space. Launching and freight, including satellites,
	with such insurance. To cover any or all of the following, the goods being transported, the vehicle transporting the goods, and any liability. Arising therefrom, and 2. Goods in international transit, and B. Reinsurance and retrocession, services auxiliary to insurance. Comprising consultancy services, actuarial,
	risk assessment, risk. Management and maritime loss adjusting and brokerage services for. Risks relating to the paragraph of this paragraph. Banking and other financial services, excluding insurance, 2. Article 11.6.1, cross-border trade, shall apply to the cross-border supply of, or trade in financial services, as defined in the paragraph,
	of the definition of. Cross-border supply of financial services in Article 11.1, Definitions, with respect. To the provision and transfer of financial information and financial data processing. And related software,
	as referred to in SAPARAP, O, of the definition of financial service in Article 11.1, Definitions. 3. The commitment made by Malaysia under paragraph 2 does not extend to the supply of electronic payment services for payment card transactions 19.19 for greater certainty,
	the electronic payment services for payment card transactions referred to in this commitment fall within subcategory 71593 of the United Nations Central Product Classification, version 2.0, and include only the processing of financial transactions such as verification of financial balances, authorization of transactions, notification of banks, or credit card issuers,
	of individual transactions and the provision of daily summaries and instructions regarding the net financial position of relevant institutions for authorized transactions. Subject to legal review in English,
	Spanish and French for accuracy, clarity, and consistency. Subject to authentication of English, Spanish and French versions. 1111. Mexico. Insurance and insurance related services. 1. Article 1 1.6.1,
	Cross-border trade shall apply to the cross-border supply of or trade in financial services, as defined in the paragraph, A, of the definition of. Cross-border supply of financial services in Article 11.1, Definitions, with respect. De. Insurance of risks relating to. I. Maritime Shipping and Commercial Aviation and Space. Launching and Freight, including satellites,
	with such insurance. To cover any or all of the following, the goods being. Transported, the vehicle transporting the goods, and any liability. Arising therefrom, and 2. Goods in international transit. B. Reinsurance and retrocession, C. Consultancy, Actuarial Services and Risk Assessment in Connection with. SAParagraphs, A, and,
	B, AND. D. Brokerage of Insurance of Risks Relating to SAPARGRAS, AL, and B. Banking and other financial services, excluding insurance, 2. Article 11.6.1. Cross-border trade, shall apply only with respect to. A, provision and transfer of financial information, and financial data. Processing and related software,
	as referred to in SAPARAPH, O, of, the definition of financial service in Article 11.1, definitions, subject to prior authorization from the relevant regulator, as required, 20. AND. B. Advisory, and other auxiliary financial services, 21 excluding. Intermediation and credit reference and analysis,
	related to banking. 20. The parties understand that if the financial information or financial data processing referred to in Separagraphs A, and, B, involve personal data, the treatment of such personal data shall be in. Accordance with Mexican law regulating the protection of such data. 21. The parties understand that advisory,
	and other auxiliary financial services do not include those services referred to in SAP paragraphs, E, through, O, of the definition of financial service in Article 11.1, definitions. Subject to legal review in English, Spanish and French for accuracy, clarity, and consistency. Subject to authentication of English,
	Spanish and French versions. 11-12. And other financial services as referred to in Separagraph P, of the definition of financial service in Article 11.1, Definitions. Subject to legal review in English, Spanish and French for accuracy, clarity, and consistency. Subject to authentication of English,
	Spanish and French versions. 11A13. New Zealand. Insurance and insurance related services. 1. Article 1 1.6.1, Cross-Border Trade, shall apply to the cross-border supply of. Or trade in financial services, as defined in the paragraph, A, of the definition of. Cross-border supply of financial services in Article 11.1, Definitions,
	with respect. De. A. Insurance of risks relating to. I. Maritime. Shipping and Commercial Aviation and Space. Launching and Freight, including satellites, with such insurance. To cover any or all of the following, the goods being. Transported, the vehicle transporting the goods, and any liability. Arising therefrom,
	and 2. Goods in international transit. B. Reinsurance and retrocession, as referred to in SAP paragraph, B, of the definition of financial service in Article 11.1, Definitions. C. Services Auxiliary to Insurance, as referred to in SAPARGRAPH, D, of the Definition of Financial Service in Article 11.1, Definitions,
	and D. Insurance Intermediation, such as brokerage and agency, as referred the. In SAPARAP, C, of the definition of financial service in Article 11.1, Definitions,
	of Insurance Risks Relating to Services Listed in Separagraphs, A, and, B, of this paragraph. Banking and other financial services, excluding insurance, 2. Article 11.6.1,
	cross-border trade, shall apply to the cross-border supply of. or trade in financial services, as defined in the paragraph, A, of the definition of cross-border supply of financial services in Article 11.1, Definitions, with respect to A, provision and transfer of financial information and financial data. Processing and related software, as referred to in SAPARGRAPH, O, of,
	the definition of financial service in Article 11.1, Definitions, and, B, advisory, and other auxiliary services, excluding intermediation relating to banking and other financial services,
	as referred to in. Sir Paragraph, P, of the definition of financial service in Article 11.1. Definitions. Subject to legal review in English, Spanish and French for accuracy, clarity,
	and consistency. Subject to authentication of English, Spanish and French versions. 11 of 14. Peru 22. Insurance and insurance related services. 1. Article 1 1.6.1,
	Cross-border trade, shall apply to the cross-border supply of, or trade in financial services, as defined in SAPARAGRAP, A, of the definition of. Cross-border supply of financial services in Article 11.1, Definitions, with respect. A, insurance of risks related to, I, maritime shipping, and commercial aviation and space. Launching and freight, including satellites,
	with such insurance. To cover any or all of the following, the goods being transported, the vehicle transporting the goods, and any liability. Arising therefrom, and 2. Goods in international transit. B. Reinsurance and retrocession. C. Consultancy, actuarial risk assessment and claim settlement services,
	and D. Insurance intermediation, such as brokerage and agency, as referred to. In SAPARGRAPH, C, of the definition of financial service in Article 11.1, Definitions,
	of Insurance of Risks Rating to Services Listed in. SAPARAGRAFS A and B, in this paragraph. Banking and other financial services, excluding insurance, 2. Article 11.6.1,
	Cross-Border Trade, shall apply only with respect to the provision and transfer of financial information and financial data processing and related software as referred to in Separagraph O, of the define,
	subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 12-1. Chapter 12. Temporary entry for business persons. Article 12.1, Definitions.
	For the purposes of this chapter, business person means, A, a natural person who has the nationality of a party according to Annex 1R.
	Party specific definitions or b.
	A permanent resident of a party that, prior to the date of entry into force of this agreement, has made the notification consistent with article x x viii k 2, 2 of gas that that party accords substantially the same treatment to its permanent residents as it does to its nationals.
	1 who is engaged in trading goods, the supply of services or the conduct of investment activities.
	Immigration formality means a visa permit, pass or other document or electronic authority granting temporary entry.
	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 business person of another party who does not intend to establish permanent residence.
	Article 12.2 scope, 1.
	This chapter shall apply to measures that affect the temporary entry of business persons of a party into the territory of another party 2.
	This chapter shall not apply to measures affecting natural persons seeking access to the employment market of another party, nor shall it apply to measures regarding citizenship nationality, residence or employment on a permanent basis, one for the purposes of so.
	Paragraph b nationals as the meaning it bears in article xxviii k 2.
	2 of gas.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions 12-2.
	3. Nothing in this agreement shall prevent a party from applying measures to regulate the entry of natural persons of another 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 a manner as to,
	nullify or impair the benefits accruing to any party under this chapter.
	for the sole fact that a party requires business persons of another party to obtain an immigration formality shall not be regarded as nullifying or impairing the benefits accruing to any party under this chapter.
	Article 12.3, application procedures one, as expeditiously as possible after receipt of a completed application for an immigration formality, each party shall make a decision on the application and inform the applicant of the decision including, if approved, the period of stay and other conditions.
	Two, at the request of an applicant, a party that has received a completed application for an immigration formality shall endeavor to promptly provide information concerning the status of the application.
	3, each party shall ensure that fees charged by its competent authorities for the processing of an application for an immigration formality are reasonable in that they do not unduly impair or delay trade in goods or services or conduct of investment activities under this agreement.
	Article 12.4 Grant of temporary entry.
	One, each party shall set out in annex 12 of the commitments it makes with regard to temporary entry of business persons, which shall specify the conditions and limitations for entry and temporary stay, including length of stay for each category of business persons specified by third party.
	Two, a party shall grant temporary entry or extension of temporary stay to business persons of another party to the extent provided for in those commitments made pursuant to paragraph 1, provided that those business persons 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, subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions 12-3.
	3. The sole fact that a party grants temporary entry to a business person of another party.
	Pursuant to this chapter shall not be construed to exempt that business person from meeting any.
	Applicable licensing or other requirements, including any mandatory codes of conduct, to practice.
	A profession or otherwise engage in business activities.
	4. A party may refuse to issue an immigration formality to a business person of another.
	another party if the temporary entry of that person might affect adversely the settlement of any labor dispute that is in progress at the place or intended place of employment or b the employment of any natural person who is involved in such dispute.
	Five, when a party refuses, pursuant to paragraph four, to issue an immigration formality, it shall inform the applicant accordingly.
	Article 12.5 business travel.
	The parties affirm their commitments to each other in the context of ape to enhance the mobility of business persons, including through exploration and voluntary development of trusted traveler programs, and their support for efforts to enhance the Apec business travel card program.
	Article 12.6 provision of information.
	Further to article 26.2 publication and article 26.5 6.5, Provision of Information, Each Party shall promptly publish online, if possible, or otherwise make publicly available, 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 parties to become acquainted with those requirements and 2. The typical time frame within which an application for immigration formality is processed,
	and b establish or maintain appropriate mechanisms to respond to inquiries from interested persons regarding measures relating to temporary entry covered by this chapter. Subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 12-4. Article 12.7,
	Committee on Temporary Entry for Business Persons. 1. The parties hereby establish a Committee on Temporary Entry for Business Persons. Committee, composed of government representatives of each party. 2. The Committee shall meet once every three years, Unless otherwise agreed by the parties, to review the implementation and operation of this chapter.
	B consider opportunities for the parties to further facilitate temporary entry of business persons, including through the development of activities undertaken pursuant to article 12.8 cooperation and.
	C consider any other matter arising under this chapter 3.
	A party may request discussions with one or more other parties with a view to advancing the objectives set out in paragraph 2.
	Those discussions may take place at a time and location agreed by the parties involved in those discussions.
	Article 12.8, Cooperation.
	Recognizing that the parties can benefit from sharing their diverse experience in developing and applying procedures related to visa processing and border security, the parties shall consider undertaking mutually agreed cooperation activities, subject to available resources, including by.
	A. Providing advice on the development and implementation of electronic processing.
	Systems for Visas.
	B sharing experiences with regulations and the implementation of programs and technology related to I border security, including those related to the use of biometric technology, advanced passenger information systems, frequent passenger programs and security and travel documents and.
	Two the expediting of certain categories of applicants in order to reduce facility and workload constraints constraints, and subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 12-5. C. Cooperating in multilateral fora to promote processing enhancements,
	such as those listed in subparagraphs, A, and, B. Article 12.9, relation to other chapters. 1. Except for this chapter, Chapter 1, Initial Provisions and General Definitions, Chapter. 27, Administrative and Institutional Provisions, Chapter 28, Dispute Settlement, Chapter 30. Final Provisions, Article 26.2, Publication,
	and Article 26.5, Provision of Information, No. Provision of this Agreement shall impose any obligation on a party regarding its immigration measures. 2. Nothing in this chapter shall be construed to impose obligations or commitments with respect to other chapters of this agreement. Article 12.10,
	Dispute Settlement. 1. No party shall have recourse to dispute settlement under Chapter 28, Dispute Settlement, regarding a refusal to grant temporary entry unless the matter involves a pattern of practice and b the business persons affected have exhausted all available administrative remedies regarding the particular matter. 2. The remedies referred to in paragraph 1,
	b, shall be deemed to be exhausted if a final determination in the matter has not been issued by the other party within a reasonable period of time after the date of the institution of proceedings for the remedy, including any proceedings for review or appeal, and the failure to issue such a determination is not attributable to delays caused by the business persons concerned. Subject to legal review in English,
	Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 13-1. Chapter 13. Telecommunications. Article 13.1,
	Definitions. For the purposes of this chapter, commercial mobile services means public telecommunications services supplied through mobile wireless means, cost-oriented means based on cost, and may include a reasonable profit, and may involve different cost methodologies for different facilities or services. End-user means a final consumer of or subscriber to a public telecommunications service,
	including a service supplier rather than a supplier of public telecommunications services. Enterprise means an enterprise as defined in Article 1.3, general definitions, and a branch An enterprise, essential facilities means facilities of a public telecommunications network or service that are exclusively or predominantly provided by a single or limited number of suppliers,
	and b cannot feasibly be economically or technically substituted in order to supply a service. Interconnection means linking with suppliers providing public telecommunications services in. Order to allow the users of one supplier to communicate with users of another supplier and the access services provided by another supplier,
	International mobile roaming service means a commercial mobile service provided pursuant the a commercial agreement between suppliers of public telecommunications services that enables end users to use their home mobile handset or other device for voice data or messaging services while outside the territory in which the end user's home public telecommunications network is located.
	Leased circuit means a telecommunications facility between two or more designated points that is set aside for the dedicated use of or availability to a user and supplied by a supplier of a fixed.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions 13-2.
	Telecommunications service license means any authorization that a party may require of a person in accordance with its laws and regulations, in order for that person to offer a telecommunications service, including concessions, permits or registrations.
	Major supplier means a supplier of public telecommunications services that has the ability to materially affect the terms of participation, having regard to price and supply in the relevant market for public telecommunications services, as a result of, a.
	Control over essential facilities or.
	B use of its position in the market.
	Network element means a facility or equipment used in supplying a fixed public telecommunications service, including features, functions and capabilities provided by means of that facility or equipment.
	Non-discriminatory means treatment no less favorable than that accorded to any other user of like public telecommunications services in like circumstances, including with respect to timeliness.
	Number portability means the ability of end users of public telecommunications services to retain, at the same location, the same telephone numbers when switching between the same category of suppliers of public telecommunications services.
	Physical co-location means physical access to and control over space in order to install, maintain or repair equipment at premises owned or controlled and used by a major supplier to provide public telecommunications services.
	Public telecommunications network means telecommunications infrastructure used to provide public telecommunications services between defined network termination points.
	Public telecommunications service means any telecommunications service that a party requires, explicitly or in effect, to be offered to the public.
	Generally, these services may include Telephone and data transmission, typically involving transmission of customer supplied information between two or more defined points without any end-to-end change in the form or content of the customer as information reference.
	Interconnection offer means an interconnection offer extended by a major supplier and filed with approved by or determined by a telecommunications regulatory body that sufficiently details the terms, rates and conditions for interconnections so that a supplier of public telecommunications services that is willing to accept it may obtain interconnection with the major supplier on that basis without having to engage in negotiations with the major supplier.
	Thank you.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	13-3 concerned telecommunications means the transmission and reception of signals by any electromagnetic means, including biphotonic means.
	Telecommunications regulatory body means a body or bodies responsible for the regulation of telecommunications.
	User means a service consumer or a service supplier.
	And virtual co-location means an arrangement whereby a requesting supplier that seeks co-location may specify equipment to be used in the premises of a major supplier but does not obtain physical access to those premises, and allows the major supplier to install, maintain and repair that equipment.
	Article 13.2 scope, 1.
	This chapter shall apply to any measure relating to access to and use of public telecommunications services b.
	Any measure relating to obligations regarding suppliers of public telecommunications services and.
	C any other measure relating to telecommunications services 2.
	This chapter shall not apply to any measure relating to broadcast or cable distribution of radio or television programming, except that, a article 13.4.1, access to and use of public telecommunications services, shall apply with respect to a cable or broadcast service supplier s access to and use of public telecommunications services and.
	B article 13.22, transparency shall apply to any technical measure to the extent that the measure also affects public telecommunications services 3.
	Nothing in this chapter shall be construed, a.
	Require a party or require a party to compel any enterprise to establish construct acquire lease, operate or provide a telecommunications network or service not offered to the public generally one one for greater certainty.
	Nothing in this chapter shall be construed to require a party to authorize an enterprise of.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency, subject to authentication of English, Spanish and French versions 13-4 b.
	Require a party to compel any enterprise exclusively engaged in the broadcast or cable distribution of radio or television programming to make available its broadcast or cable facilities as a public telecommunications network, or c.
	Prevent a party from prohibiting a person who operates a private network from using its private network to supply a public telecommunications network or service to third persons.
	For annex 13 rural telephone suppliers United States, and.
	Annex 13b rural telephone suppliers Peru, include additional provisions relating to the scope of this chapter.
	Article 13.3 approaches to regulation one.
	The parties recognize the value of competitive markets to deliver a wide choice in the supply of telecommunications services and to enhance consumer welfare, and that economic regulation may not be needed if there is effective competition or if a service is new to our market.
	Accordingly, the parties recognize that regulatory needs and approaches differ market by market and that each party may determine how to implement its obligations under this chapter 2.
	In this respect, the parties recognize that a party may engage in direct regulation either in anticipation of an issue that the party expects may arise or to resolve an issue that has already arisen in the market.
	B rely on the role of market forces, particularly with respect to market segments that are or are likely to be competitive or that have low barriers to entry, such as services provided by telecommunications suppliers that do not own network facilities to, or c.
	Use any other appropriate means that benefit the long-term interests of end users 3.
	When a party engages in direct regulation, it may nonetheless forbear, to the extent provided for in its law, from applying that regulation to a service that the party classifies as a another party to establish construct acquire lease, operate or supply public telecommunications services, unless otherwise provided for in this agreement.
	To consistent with paragraph 2 b, the United States, based on its evaluation of the state of competition of the US commercial mobile market, has not applied major supplier related measures pursuant to articles 13.7.
	Treatment by major suppliers of public telecommunications services.
	13.9.2 resale.
	13.11 interconnection with major suppliers.
	13.13 co-location by major suppliers or.
	13.14 access to poles ducts, conduits and rights of way owned or controlled by major suppliers to the commercial mobile market.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	13-5 public telecommunications service if its telecommunications regulatory body or other competent body determines that enforcement of the regulation is not necessary to prevent unreasonable or discriminatory practices b.
	Enforcement of the regulation is not necessary for the protection of consumers and c.
	Forbearance is consistent with the public interest, including promoting and enhancing competition between suppliers of public telecommunications services.
	Article 13.4, access to an use of public telecommunications services 3 1.
	Each party shall ensure that any enterprise of another party has access to an use of any public telecommunications service, including leased circuits, offered in its territory or across its borders, on reasonable and non-discriminatory terms and conditions 2.
	Each party shall ensure that any service supplier of another party is permitted to purchase or lease and attach terminal or other equipment that interfaces with a public telecommunications network b.
	Provide services to individual or multiple end-users over leased or owned circuits.
	C connect leased or owned circuits with public telecommunications networks and services or with circuits leased or owned by another enterprise for d.
	Perform switching signaling, processing and conversion functions and e.
	Use operating protocols of their choice 3.
	Each party shall ensure that an enterprise of any party may use public telecommunications services for the movement of information in its territory or across its borders, including for intra-corporate communications and for access to information contained 3.
	For greater certainty, This article does not prohibit any party from requiring an enterprise to obtain a license to supply any public telecommunications service within its territory.
	4.
	In Vietnam, networks authorized to establish for the purpose of carrying out, On a non-commercial basis, voice and data telecommunications between members of a closed user group can only directly interconnect with each other where approved in writing by the telecommunications regulatory body.
	VietName shall ensure that, upon request, an applicant receives the reasons for the denial of an authorization.
	VietName shall review this requirement to obtain written approval within two years of the date of entry into force of this agreement.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions. 13-6. In databases or otherwise stored in machine-readable form in the territory of any party. 4. Notwithstanding paragraph 3,
	a party may take measures that are necessary to ensure the security and confidentiality of messages and to protect the privacy of personal data of end users. Of public telecommunications networks or services,
	provided that those measures are not applied. In a manner that would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade in services. 5. Each party shall ensure that no condition is imposed on access to and use of public telecommunications networks and services,
	other than is necessary to safeguard the public service responsibilities of suppliers of public telecommunications networks and services, in particular their ability to make their networks or services generally available to the public or b protect the technical integrity of public telecommunications networks or services. 6. Provided that they satisfy the criteria set out in paragraph 5,
	conditions for access to and use of public telecommunications networks and services may include a requirement to use a specified technical interface, including an interface protocol, For connection with those networks or services.
	B a requirement, when necessary, for the interoperability of those networks and services.
	C type approval of terminal or other equipment that interfaces with the network and technical requirements relating to the attachment of that equipment to those networks and.
	D a licensing permit, registration or notification procedure which, if adopted or maintained, is transparent and provides for the processing of applications filed They're under in accordance with the party S laws or regulations.
	Article 13.5, Obligations relating to suppliers of public telecommunications services. Interconnection 5. 1. Each party shall ensure that suppliers of public telecommunications services in its 5. For greater certainty,
	the term interconnection, as used in this chapter, does not include access to unbundled network elements. Subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 13-7. Territory provide, directly or indirectly within the same territory,
	interconnection with suppliers. Of public telecommunications services of another party. 2. Each party shall provide its telecommunications regulatory body with the authority to require interconnection at reasonable rates. 3. In carrying out paragraph 1,
	Each party shall ensure that suppliers of public telecommunications services in its territory take reasonable steps to protect the confidentiality of commercially sensitive information of or relating to suppliers and end users of public telecommunications services obtained as a result of interconnection arrangements, and that those suppliers only use that information for the purpose of providing these services.
	Number portability.
	4.
	Each party shall ensure that suppliers of public telecommunications services in its territory provide number portability without impairment to quality and reliability,
	on a timely basis and on reasonable and non-discriminatory terms and conditions. 6. Access to numbers. 5. Each party shall ensure that suppliers of public telecommunications services of another party established in its territory are afforded access to telephone numbers on a non-discriminatory basis. 7. Article 13.6,
	International Mobile Roaming. 1. The parties shall endeavor to cooperate on promoting transparent and reasonable rates. 6. With respect to certain parties, this paragraph shall apply as follows. A. For Brunei der Russelaim, this paragraph shall not apply until such time as it determines, pursuant to periodic review,
	that it is economically feasible to implement number portability in Brunei. Der Russelaim. B. For Malaysia, this paragraph shall apply only with respect to commercial mobile services until such time as it determines that it is economically feasible to apply number portability to fixed services,
	and C. For Vietnam, this paragraph shall apply to fixed services at such time as it determines that it is technically and economically feasible. Within four years of the date of entry into force of this agreement for Vietnam,
	it shall conduct a review for it to determine the economic feasibility of applying number portability to fixed services. With respect to commercial mobile services, this paragraph shall apply to Vietnam no later than 2020. 7. For Vietnam,
	this paragraph shall not apply with respect to blocks of numbers that have been allocated prior to entry into force of this agreement. Subject to legal review in English, Spanish and French. For accuracy, Clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	13-8.
	For international mobile roaming services that can help promote the growth of trade among the parties and enhance consumer welfare.
	2.
	A party may choose to take steps to enhance transparency and competition with respect to international mobile roaming rates and technological alternatives to roaming services, such as ensuring that information regarding retail rates is easily accessible to consumers, and.
	B minimizing impediments to the use of technological alternatives to roaming, whereby consumers when visiting the territory of a party from the territory of another party can access telecommunications services using the device of their choice. 3. The parties recognize that a party,
	when it has the authority to do so, may choose to adopt or maintain measures affecting rates for wholesale international roaming services with a view to ensuring that those rates are reasonable. If a party considers it appropriate,
	it may cooperate on and implement mechanisms with other parties to facilitate the implementation of those measures, including by entering into arrangements with those parties. 4. If a party, the first party, chooses to regulate rates or conditions for wholesale international mobile roaming services, it shall ensure that a supplier of public telecommunications services of another party, the second party,
	has access to the regulated rates or conditions for wholesale international mobile roaming services for its customers roaming in the territory of the first party in circumstances in which 8. The second party has entered into an arrangement with the first party to reciprocally regulate rates or conditions for wholesale international mobile roaming services for suppliers of the two parties,
	9 or b. In the absence of an arrangement of the type referred to in SAP paragraph, the supplier of public telecommunications services of the second party, of its own accord, 8. For greater certainty, no party shall, solely on the basis of any obligations owed to it by the first party under a most favored nation provision, or under a telecommunications-specific non-discrimination provision,
	in any existing international trade agreement, seek or obtain for its suppliers the access to regulated rates or conditions for wholesale international mobile roaming services that is provided under this article. 9. For greater certainty,
	access under paragraph 4, to the rates or conditions regulated by the first party shall be available to a supplier of the second party only if such regulated rates or conditions are reasonably comparable to those reciprocally regulated under the arrangement referred to in the paragraph. The telecommunications regulatory body of the first party shall,
	in the case of disagreement, determine whether the rates or conditions are reasonably comparable. Subject to legal review in English, Spanish and French. For accuracy, Clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	13-9.
	I. Makes available to suppliers of public telecommunications services of the first party wholesale international mobile roaming services at rates or conditions that are reasonably comparable to the regulated rates or conditions.
	10 and 2.
	Meets any additional requirements that the first party imposes with respect to the availability of the regulated rates or conditions.
	11.
	The first party may require suppliers of the second party to fully utilize commercial negotiations to reach agreement on the terms for accessing such rates or conditions.
	5.
	A party that ensures access to regulatory rates or conditions for wholesale international mobile roaming services in accordance with paragraph 4 shall be deemed to be in compliance with its obligations under Article 10.4, most favored nation treatment, Article 13.4.1.
	Access to an use of public telecommunications services, and Article 13.7, treatment by major suppliers of public telecommunications services, with respect to international mobile roaming services. 6. Each party shall provide to the other parties information on rates for retail international mobile roaming services for voice, Data and text messages offered to consumers of the party.
	When visiting the territories of the other parties, a party shall provide that information no later than one year after the date of entry into force of this agreement for the party.
	Each party shall update that information and provide it to the other parties on an annual basis or as otherwise agreed.
	Interested parties shall endeavor to cooperate on compiling this information into our report, to be mutually agreed by the parties and to be made publicly available.
	7.
	Nothing in this article shall require a party to regulate rates or conditions for international mobile roaming services.
	Article 13.7, Treatment by Major Suppliers of Public Telecommunications Services. Each party shall ensure that a major supplier in its territory accords suppliers of public telecommunications services of another party treatment no less favorable than that major supplier accords in like circumstances to its subsidiaries,
	its affiliates or non-affiliated service suppliers regarding, 10 For the purposes of this paragraph, rates or conditions that are reasonably comparable means rates or conditions agreed to be such by the relevant suppliers or,
	in the case of disagreement, determined to be such by the telecommunications regulatory body of the first party. 11. For greater certainty, such additional requirements may include, for example, that the rates provided to the supplier of the second party reflect the reasonable cost of supplying international mobile roaming services by a supplier of the first party to a supplier of the second party,
	as determined through the methodology of the first party. Subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 13-10. A. The availability, provisioning, rates or quality of light public telecommunications services,
	and b the availability of technical interfaces necessary for interconnection. Article 13.8, Competitive Safeguards. 1. Each party shall maintain appropriate measures for the purpose of preventing suppliers of public telecommunications services that,
	alone or together, are a major supplier in its territory. From engaging in or continuing anti-competitive practices. 2. The anti-competitive practices referred to in paragraph 1 include in particular. A. Engaging in anti-competitive cross-subsidization. B. Using information obtained from competitors with anti-competitive results and C. Not making available,
	on a timely basis, to suppliers of public telecommunications. Services, technical information about essential facilities and commercially relevant information that are necessary for them to provide services. Article 13.9,
	Resale. 1. No party shall prohibit the resale of any public telecommunications service.12. 2. Each party shall ensure that a major supplier in its territory offers for resale at reasonable rates, 13 to suppliers of public telecommunications. Services of another party, public telecommunications services that the major supplier provides at retail to end users,
	and b does not impose unreasonable or discriminatory conditions or limitations on the resale of those services.14. 12 Brunei der Russell aim may require that licensees who purchase public telecommunications services on a wholesale basis only resell their services to an end user. 13 For the purposes of this article,
	each party may determine reasonable rates through any methodology it considers appropriate. 14 Where provided in its laws or regulations, a party may prohibit a reseller that obtains, at wholesale rates, a public telecommunications service available at retail to only a limited category of subscribers from offering the service to a subject to legal review in English, Spanish and French. For accuracy,
	clarity and consistency. Subject to authentication of English, Spanish and French versions. 13-11. 3. Each party may determine, in accordance with its laws and regulations,
	which public telecommunications services must be offered for resale by major suppliers pursuant to paragraph 2. Based on the need to promote competition or to benefit the long-term interests of end-users. 4. If a party does not require that a major supplier offer a specific public telecommunications service for resale,
	it nonetheless shall allow service suppliers to request that the service be offered for resale consistent with paragraph 2, without prejudice to the party's decision on the request. Article 13.10,
	unbundling of network elements by major suppliers. Each party shall provide its telecommunications regulatory body or another appropriate body with the authority to require a major supplier in its territory to offer to public telecommunications service suppliers access to network elements on an unbundled basis on terms and conditions,
	And at cost-oriented rates, that are reasonable, non-discriminatory and transparent for the supplier of public telecommunications services.
	Each party may determine the network elements required to be made available in its territory and the suppliers that may obtain those elements, in accordance with its laws and regulations.
	Article 13.11, Interconnection with major suppliers.
	General terms and conditions.
	1.
	Each party shall ensure that a major supplier in its territory provides interconnection for the facilities and equipment of suppliers of public telecommunications services of another party.
	A, at any technically feasible point in the major supplier S network. B. Under non-discriminatory terms, conditions, including technical standards and specifications and rates. C. Of a quality no less favorable than that provided by the major supplier for its own like services,
	for like services of non-affiliated service suppliers, or for its subsidiaries or other affiliates. D. In a timely manner, on terms and conditions, including technical standards and specifications,
	and at cost-oriented rates, that are transparent, reasonable, having regard to economic feasibility, and sufficiently unbundled so that the suppliers do not have to pay for network components or facilities that they do not require for. Different category of subscribers. Subject to legal review in English,
	Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 13-12. The service to be provided, And E. On request, at points in addition to the network termination points offered to the majority of users, subject to charges that reflect the cost of construction of necessary additional facilities.
	Options for interconnecting with major suppliers.
	2.
	Each party shall ensure that a major supplier in its territory provides suppliers of public telecommunications services of another party with the opportunity to interconnect their facilities and equipment with those of the major supplier through the following options, A.
	A reference interconnection offer or another standard interconnection offer.
	Containing the rates, terms and conditions that the major supplier offers generally to suppliers of public telecommunications services or b the terms and conditions of an interconnection agreement that is in effect. 3. In addition to the options provided in paragraph 2,
	Each party shall ensure that suppliers of public telecommunications services of another party have the opportunity to interconnect their facilities and equipment with those of the major supplier through the negotiation of a new interconnection agreement.
	Public availability of interconnection offers and agreements.
	4.
	Each party shall make publicly available the applicable procedures for interconnection negotiations with a major supplier in its territory.
	5.
	Each party shall provide means for suppliers of another party to obtain the rates, terms, and conditions necessary for interconnection offered by a major supplier.
	Those means include, at a minimum, ensuring the public availability of interconnection agreements that are in effect between a major supplier in its territory and other suppliers of public telecommunications services in its territory. B. The public availability of rates,
	terms and conditions for interconnection with a major supplier set by the telecommunications regulatory body or other competent body or c. The public availability of a reference interconnection offer. Services for which those rates,
	terms and conditions are made publicly available do not have to include all interconnection related services offered by a major supplier as determined by a party. Subject to legal review in English,
	Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 13-13. Under its laws and regulations. Article 13.12,
	Provisioning and Pricing of Leased Circuit Services by Major Suppliers. 1. Each party shall ensure that a major supplier in its territory provides to service suppliers of another party leased circuit services that are public telecommunications services in a reasonable period of time on terms and conditions, And at rates that are reasonable and non-discriminatory.
	And based on a generally available offer.
	2.
	Further to paragraph 1, each party shall provide its telecommunications regulatory body or other appropriate bodies the authority to require a major supplier in its territory to offer leased circuits services that are public telecommunications services to service suppliers of another party.
	At capacity-based and cost-oriented prices.
	Article 13.13, co-location by major suppliers.
	1.
	Subject to paragraphs 2 and 3, each party shall ensure that a major supplier in its territory provides to suppliers of public telecommunications services of another party in the party s.
	Territory physical co-location of equipment necessary for interconnection or access to unbundled network elements based on a generally available offer, on a timely basis and on terms and conditions and at cost-oriented rates that are reasonable.
	and non-discriminatory.
	2.
	Where physical co-location is not practical for technical reasons or because of space limitations, each party shall ensure that a major supplier in its territory provides an alternative solution, such as facilitating virtual co-location, based on a generally available offer, on a timely basis,
	and on terms and conditions and at cost-oriented rates, that are reasonable and non-discriminatory. 3. A party may determine, in accordance with its laws and regulations, which premises owned or controlled by major suppliers in its territory are subject to paragraphs 1 and 2. When the party makes this determination,
	it shall take into account factors such as the state of competition in the market where co-location is required, whether those premises can be substituted in an economically or technically feasible manner in order to provide a competing service or other specified public interest factors. 4. If a party does not require that a major supplier offer co-location at certain premises,
	it nonetheless shall allow service suppliers to request that those premises be offered for co-location. Consistent with paragraph 1, without prejudice to the party's decision on such a request. Subject to legal review in English,
	Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 13-14. Article 13.14, Access to Poles,
	Ducts, Condwits and Rights of Way owned or controlled by major suppliers 15. 1. Each party shall ensure that a major supplier in its territory provides access to polls, ducts, cundwits,
	and rights of way or any other structures as determined by the party, owned or controlled by the major supplier, to suppliers of public telecommunications services of another party in the party's territory on a timely basis,
	on terms and conditions and at rates, that are reasonable, non-discriminatory and transparent, subject to technical feasibility. 2. A party may determine, in accordance with its laws and regulations,
	the polls, ducts, cundwits, rights-of-way or any other structures to which it requires major suppliers in its territory. To provide access in accordance with paragraph 1. When the party makes this determination, it shall take into account factors such as the competitive effect of lack of such access, whether such structures can be substituted in an economically or technically feasible manner in order to provide a competing service,
	or other specified public interest factors. Article 13.15, International Submarine Cable Systems 16, 17. Each party shall ensure that any major supplier who controls international submarine cable landing stations in the party's territory provides access to those landing stations,
	consistent with the provisions of Article 13.11, interconnection with major suppliers, Article 13.12. Provisioning and pricing of leased circuit services by major suppliers, and Article 13.13. Co-location by major suppliers, to public telecommunications suppliers of another party. Article 13.16,
	Independent Regulatory Bodies and Government Ownership. 1. Each party shall ensure that its telecommunications regulatory body is separate from, and not accountable to, any supplier of public telecommunications services. With a view to ensuring the independence and impartiality of telecommunications regulatory bodies,
	each party shall ensure that its telecommunications regulatory body does not hold a financial interest. 18 or. 15 Chile may comply with this obligation by maintaining appropriate measures for the purpose of preventing a major supplier in its territory from denying access to poles,
	ducts, conduits and rights of way, owned or controlled by the major supplier. 16 For Chile, this provision shall apply when its telecommunications regulatory body obtains the authority to implement this provision. Nonetheless, Chile shall ensure reasonable and non-discriminatory access to international submarine cable systems including landing stations in its territory. 17 For Vietnam,
	co-location for international submarine landing stations owned or controlled by the major supplier in the territory of Vietnam excludes physical co-location. 18 This paragraph shall not be construed to prohibit a government entity of a party other than the telecommunications regulatory body from owning equity in a supplier of public telecommunications services. Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	13-15.
	Maintain an operating or management role.
	19 in any supplier of public telecommunications services.
	2.
	Each party shall ensure that the regulatory decisions and procedures of its telecommunications regulatory body or other competent authority related to provisions contained in this chapter are impartial with respect to all market participants.
	3.
	No party shall accord more favorable treatment to a supplier of telecommunications services in its territory than that accorded to a like service supplier of another party, on the basis that the supplier receiving more favorable treatment is owned by the national government of the party.
	Article 13.17, Universal Service. Each party has the right to define the kind of universal service obligation it wishes to maintain. Each party shall administer any universal service obligation that it maintains in a transparent,
	non-discriminatory and competitively neutral manner, and shall ensure that its universal service obligation is not more burdensome than necessary for the kind of universal service that it has defined. Article 13.18, Licensing Process.
	1.
	If a party requires a supplier of public telecommunications services to have a license, the party shall ensure the public availability of all the licensing criteria and procedures that it applies.
	B.
	The period that it normally requires to reach a decision concerning an application for a license and.
	C.
	The terms and conditions of all licenses in effect.
	2.
	Each party shall ensure that on request, an applicant receives the reasons for the denial of a license. b imposition of supplier specific conditions on a license. 19. Vietnam S telecommunications regulatory body assumes the role of representing the government as owner of certain telecommunications suppliers. In this context,
	Vietnam shall comply with this provision by ensuring that any regulatory actions with respect to those suppliers do not materially disadvantage any competitor. Subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 13-16. C. Revocation of a license,
	or D. Refusal to renew a license. Article 13.19, Allocation and Use of Scarce Resources. 1. Each party shall administer its procedures for the allocation and use of scarce telecommunications resources, Including frequencies, numbers and rights of way, in an objective, timely, transparent and non-discriminatory manner.
	2.
	Each party shall make publicly available the current state of frequency bands allocated and assigned to specific suppliers.
	20, but retains the right not to provide detailed identification of frequencies that are allocated or assigned for specific government uses.
	3.
	For greater certainty, a party's measures allocating and assigning spectrum and managing frequency are not, per essaying, consistent with Article 10.5, market access, either as it applies to cross-border trade-in services or through the operation of Article 10.2.2, scope, to an investor or covered investment of another party. 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 bans, taking into account current and future needs and spectrum availability. 4. When making a spectrum allocation for commercial telecommunications services,
	each party shall endeavor to rely on an open and transparent process that considers the public interest, including the promotion of competition. Each party shall endeavor 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 13.20, Enforcement. Each party shall provide its competent authority with the authority to enforce the party's measures relating to the obligations set out in Article 13.4,
	access to an use of public telecommunications services, Article 13.5, Obligations relating to suppliers of public telecommunications services. Article 13.7, Treatment by Major Suppliers of Public Telecommunications Services, Article 13.8, Competitive Safeguards, Article 13.9, Resale, Article 13.10,
	Unbundling of Network Elements by Major Suppliers, Article 13.11, 20 for Peru. The commitment to make publicly available assigned bans shall apply only to bans used to provide access to end users. Subject to legal review in English,
	Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 13-17. Interconnection with major suppliers, Article 13.12, Provisioning and Pricing of Leased Circuits Services by Major Suppliers, Article 13.13, Co-location by Major Suppliers, Article 13.14,
	Access to Poles, Ducts, Conduits and Rights of Way owned or controlled by major suppliers, and Article 13.15, International Submarine Cable Systems. That authority shall include the ability to impose effective sanctions,
	which may include financial penalties, injunctive relief, on an interim or final basis, or the modification, suspension or revocation of licenses. Article 13.21, Resolution of Telecommunications Disputes. 1. Further to Articles 26.3, Administrative Proceedings, and 26.4, Review and Appeal,
	Each party shall ensure that recourse. Enterprises have recourse to a telecommunications regulatory body or other relevant body of the party to resolve disputes regarding the party's measures relating to matters set out in Article 13.4,
	access to and use of public telecommunications services, Article 13.5, Obligations relating to suppliers of public telecommunications services, Article 13.6, International Mobile Roaming, Article 13.7, Treatment by Major Suppliers of Public Telecommunications Services, Article 13.8, Competitive Safeguards, Article 13.9,
	Resale, Article 13.10, Unbundling of Network Elements by Major Suppliers, Article 13.11, Interconnection with Major Suppliers, Article 13.12 Provisioning and Pricing of Leased Circuit Services by Major Suppliers, Article 13.13, Co-location by Major Suppliers, Article 13.14,
	Access to Poles, Ducts, Conduits and Rights of Way owned or controlled by major suppliers, and Article 13.15, International Submarine Cable Systems. B. If a telecommunications regulatory body declines to initiate any action on a request to resolve a dispute, It shall, upon request, provide a written explanation for its decision within a reasonable period of time.
	21.
	C. Suppliers of public telecommunications services of another party that have requested interconnection with a major supplier in the party's territory may seek review within a reasonable and publicly specified period of time after the supplier requests interconnection by its telecommunications regulatory body to resolve disputes regarding the terms, conditions and rates for interconnection with that major supplier,
	and 21 for the United States, so paragraph 1, B, applies only to the national regulatory body. Subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions.
	13-18.
	Reconsideration, 22.
	D. Any enterprise whose legally protected interests are adversely affected by a determination or decision of the party's telecommunications regulatory body may appeal to or petition the body or other relevant body to reconsider that determination or decision.
	No party shall permit the making of an application for reconsideration to constitute grounds for non-compliance with the determination or decision of the telecommunications regulatory body, unless the regulatory or other relevant body issues an order that the determination or decision not be enforced while the proceeding is pending.
	A party may limit the circumstances under which reconsideration is available in accordance with its laws and regulations.
	Judicial review.
	2.
	No party shall permit the making of an application for judicial review 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 13.22, Transparency. 1. Further to Article 26.2.2, Publication, Each party shall ensure that when its telecommunications regulatory body seeks input 23 For a proposal for a regulation,
	that body shall make the proposal public or otherwise available to any interested persons. 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. D. To the extent practicable,
	make publicly available or relevant comments filed. With it, and E. Respond to all significant and relevant issues raised in comments filed, in the 22 With respect to Peru, enterprises may not petition for reconsideration of rulings of general application, as defined. In Article 26.1, Definitions, unless provided for under its laws and regulations. For Australia,
	so paragraph 1, D, does not apply. 23 For greater certainty, seeking input does not include internal governmental deliberations. Subject to legal review in English,
	Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 13-19. Course of issuance of the final regulation. 24. 2. Further to Article 26.2.1,
	Publication, Each party shall ensure that its measures relating. To public telecommunications services are made publicly available, including A. Tariffs and other terms and conditions of service. B. Specifications of technical interfaces. C. Conditions for attaching terminal or other equipment to the public. Telecommunications Network. D. Licensing,
	Permit, Registration or Notification Requirements, if any. E. General procedures relating to resolution of telecommunications disputes provided. For in Article 13.21, resolution of telecommunications disputes, and F. Any measures of the telecommunications regulatory body if the government delegates to other bodies the responsibility for preparing,
	amending and adopting standards related measures affecting access and use. Article 13.23, flexibility in the choice of technology. 1. No 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 consistent with Article 13.22. Transparency. 2. When a party finances the development of advanced networks 25,
	it may make its financing conditional on the use of technologies that meet its specific public policy interests. 24. For greater certainty, a party may consolidate its responses to the comments received from interested persons. Vietnam may comply with this obligation by responding to any questions regarding its decisions upon request. 25 for greater certainty,
	advanced networks includes broadband networks. Subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 13-20. Article 13.24, 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.
	Article 13.25, relation to international organizations.
	The parties recognize 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 organizations.
	Article 13.26 Committee ON Telecommunications.
	1.
	The parties hereby establish a Committee ON Telecommunications Committee composed of government representatives of each party.
	2.
	The Committee shall review and monitor the implementation and operation of this chapter, with a view to ensuring the effective implementation of the chapter by enabling responsiveness to technological and regulatory developments in telecommunications to ensure the continuing relevance of this chapter to parties, Service suppliers and end users.
	B discuss any issues related to this chapter and any other issues relevant to the telecommunications sector, as may be decided by the parties.
	C report to the Commission on the findings and the outcomes of discussions of the committee and.
	D carry out other functions delegated to it by the commission 3.
	The committee shall meet at such venues and times as the parties may decide 4.
	The parties may decide to invite representatives of relevant entities other than the parties, including representatives of private sector entities having the necessary expertise relevant to the issues to be discussed, to attend meetings of the committee.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions 13-21.
	Annex 13 a rural telephone suppliers United States.
	The United States may exempt rural local exchange carriers and rural telephone companies as defined respectively in sections 251 f 2 and 3, 37 of the Communications Act of 1934 as amended.
	47 Usc, paragraph 251 f 2 and paragraph 153, 44 from the obligations contained in article 13.5.4 number portability, article 13.9 resale, article 13.10 unbundling of network elements by major suppliers,
	article 13.11 interconnection with major suppliers and article 13.13 co-location by major suppliers.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency, subject to authentication of English, Spanish and French versions 13-22.
	Annex 13b, rural telephone suppliers Peru.
	1 with respect to Peru, a a rural operator shall not be considered a major supplier.
	B article 1, 3.5.4 number portability shall not apply to rural operators and.
	C article 13.12, provisioning and pricing of leased circuits services by major suppliers.
	Article 13.13 co-location by major suppliers and article 13.14, access to poles ducts, cundwits and rights of way owned or controlled by major suppliers shall not apply to the facilities deployed by major suppliers in rural areas two.
	For the purposes of this annex for Peru, a rural area means a population center I that is not included within urban areas, with a population of less than 3000 inhabitants, a low population density and a lack of basic services.
	Or 2 with a telden city rate of less than two fixed lines per 100 inhabitants and b.
	Rural operator means a rural telephone company that has at least 80 percent of its total fixed subscriber lines in operation in rural areas, subject to legal review in English, Spanish and French for accuracy, clarity and consistency, subject to authentication of English, Spanish and French versions 14-1.
	Chapter 14, electronic commerce.
	Article 14.1, definitions for the purposes of this chapter.
	Computing facilities means computer servers and storage devices for processing or storing information for commercial use.
	Covered person one means, a a covered investment as defined in article 9.1 definitions.
	B an investor of a party as defined in article 9, 1 definitions, but does not include an investor in a financial institution or.
	C a service supplier of a party, as defined in article 10.1 definitions, but does not include a financial institution or a cross-border financial Financial service supplier of a party as defined in Article 11.1, Definitions, Digital Product means a computer program, text, video, image, sound recording or other product that is digitally encoded, produced for commercial sale or distribution,
	and that can be transmitted electronically. 2. 3. Electronic authentication means the process or act of verifying the identity of a party to an electronic communication or transaction and ensuring the integrity of an electronic communication. Electronic transmission or transmitted electronically means a transmission made using any electromagnetic means,
	including biphotonic means. Personal information means any information, including data, about an identified or identifiable natural person. 1. For Australia, a covered person does not include a credit reporting body. 2. For greater certainty, digital product does not include a digitized representation of a financial instrument,
	including money. 3. The definition of digital product should not be understood to reflect a party's view on whether trade in digital products through electronic transmission should be categorized as trade-in services or trading goods. Subject to legal review in English,
	Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 14-2. Trade administration documents means forms issued or controlled by a party that must be completed by or for an importer or exporter in connection with the import or export of goods,
	and unsolicited commercial electronic message means an electronic message which is sent for commercial or marketing purposes to an electronic address, without the consent of the recipient. Or despite the explicit rejection of the recipient,
	through an internet access service supplier or, to the extent provided for under the laws and regulations of each party, other telecommunications service. Article 14.2, Scope and general provisions.
	1.
	The parties recognize the economic growth and opportunities provided by electronic commerce and the importance of frameworks that promote consumer confidence in electronic commerce and of avoiding unnecessary barriers to its use and development.
	2.
	This chapter shall apply to measures adopted or maintained by a party that affect trade by electronic means.
	3.
	This chapter shall not apply to, a government procurement or.
	B information held or processed by or on behalf of a party, or measures related to such information, including measures related to its collection. 4. For greater certainty, measures affecting the supply of a service delivered or performed electronically are subject to the obligations contained in the relevant provisions of Chapter 9 Investment,
	Chapter 10, Cross-Border Trade in Services, and Chapter 11, Financial Services, including any exceptions or non-conforming measures set out in this agreement that are applicable to those obligations. 5. For greater certainty,
	the obligations contained in Article 14.4, Non-Discriminatory Treatment of Digital Products, Article 14.11, Cross-Border Transfer of Information by Electronic Means, Article 14.13, Location of Computing Facilities, and Article 14.17, Source Code, R. A. Subject to the Relevant Provisions,
	exceptions and non-conforming measures of Chapter 9, Investment, Chapter 10, Cross-Border Trade in Services, and Chapter 11, Financial Services, and B, to be read in conjunction with any other relevant provisions in this agreement. Subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English,
	Spanish and French versions. 14-3. 5. The obligations contained in Article 14.4, Non-Discriminatory Treatment of Digital Products, Article 14.11,
	Cross-Border Transfer of Information by Electronic Means, and Article 14.13, Location of Computing Facilities, shall not apply to the non-conforming aspects of measures adopted or maintained in accordance with Article 9.11,
	Non-Conforming Measures, Article 10.7, Non-Conforming Measures or Article 11.10, Non-Conforming Measures. Article 14.3,
	Customs Duties. 1. No party shall impose customs duties on electronic transmissions, including content transmitted electronically, between a person of one party and person of another party. 2. For greater certainty, paragraph 1 shall not preclude a party from imposing internal taxes, fees or other charges on content transmitted electronically, provided that such taxes,
	fees or charges are imposed in a manner consistent with this agreement. Article 14.4, non-discriminatory treatment of digital products. 1. No party shall accord less favorable treatment to digital products created,
	produced, published, contracted for, commissioned or first made available on commercial terms in the territory of another party, or to digital products of which the author, performer, producer, developer or owner is a person of another party, than it accords to other like digital products. 4. 2. Paragraph 1 shall not apply to the extent of any inconsistency with the rights and obligations in Chapter 18,
	Intellectual Property. 3. The parties understand that this article does not apply to subsidies or grants provided by a party including government-supported loans, Guarantees and insurance.
	4.
	This article shall not apply to broadcasting.
	Article 14.5, Domestic Electronic Transactions Framework.
	1.
	Each party shall maintain a legal framework governing electronic transactions consistent with the principles of the UN Citral Model Law On Electronic Commerce 1996 or the United Nations Convention On The Use Of Electronic Communications In International Contracts, done.
	At New York, November 23, 2005.
	2.
	Each party shall endeavor to.
	4.
	For greater certainty, to the extent that a digital product of a non-party is a light digital product, it will qualify as another light digital product for the purposes of Article 14.4.1. Subject to legal review in English,
	Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 14-4. A. Avoid any unnecessary regulatory burden on electronic transactions, and b facilitate input by interested persons in the development of its legal framework for electronic transactions. Article 14.6,
	Electronic Authentication and Electronic Signatures.
	1.
	Except in circumstances otherwise provided for under its law, a party shall not deny the legal validity of a signature solely on the basis that the signature is in electronic form.
	2.
	No party shall adopt or maintain measures for electronic authentication that would a. prohibit parties to an electronic transaction from mutually determining the appropriate authentication methods for the transaction,
	or b. prevent parties to an electronic transaction from having the opportunity to establish before judicial or administrative authorities that their transaction complies with any legal requirements with respect to authentication.
	3.
	Notwithstanding paragraph 2, a party may require that for a particular category of transactions, the method of authentication meets certain performance standards or is certified by an authority accredited in accordance with its law. 4. The parties shall encourage the use of interoperable electronic authentication. Article 14.7,
	Online Consumer Protection. 1. The parties recognize the importance of adopting and maintaining transparent and effective measures to protect consumers from fraudulent and deceptive commercial activities as referred to in Article 16.7.2, Consumer protection, when they engage in electronic commerce.
	2.
	Each party shall adopt or maintain consumer protection laws to prescribe fraudulent and deceptive commercial activities that cause harm or potential harm to consumers engaged in online commercial activities.
	3.
	The parties recognize the importance of cooperation between their respective national consumer protection agencies or other relevant bodies on activities related to cross-border electronic commerce in order to enhance consumer welfare.
	To this end, the parties affirm that the cooperation sought under Article 16.7.5 and Article 16.7.6, consumer protection, includes cooperation with respect to online commercial activities. Subject to legal review in English, Spanish and French. For accuracy,
	clarity and consistency. Subject to authentication of English, Spanish and French versions. 14-5. Article 14.8,
	Personal Information Protection 5. 1. The parties recognize the economic and social benefits of protecting the personal information of users of electronic commerce and the contribution that this makes to enhancing consumer confidence in electronic commerce. 2. To this end,
	each party shall adopt or maintain a legal framework that provides for the protection of the personal information of the users of electronic commerce. In the development of its legal framework for the protection of personal information, Each party should take into account principles and guidelines of relevant international bodies.6.
	3.
	Each party shall endeavor to adopt non-discriminatory practices in protecting users of electronic commerce from personal information protection violations occurring within its jurisdiction.
	4.
	Each party should publish information on the personal information protections it provides to users of electronic commerce, including how individuals can pursue remedies, and b business can comply with any legal requirements.
	5.
	Recognizing that the parties may take different legal approaches to protecting personal information, each party should encourage the development of mechanisms to promote compatibility between these different regimes. These mechanisms may include the recognition of regulatory outcomes,
	whether accorded autonomously or by mutual arrangement or broader international frameworks. To this end, the parties shall endeavor to exchange information on any such mechanisms applied in their jurisdictions and explore ways to extend these or other suitable arrangements to promote compatibility between them. Article 14.9,
	Paperless Trading. Each party shall endeavor to make trade administration documents available to the public in electronic form, and 5. Brunei der Russell and Vietnam are not required to apply this article before the date on which the party implements its legal framework that provides for the protection of personal data of the users of electronic commerce. 6. For greater certainty,
	a party may comply with the obligation in this paragraph by adopting or maintaining measures such as a comprehensive privacy, personal information or personal data protection laws, sector-specific laws covering privacy, or laws that provide for the enforcement of voluntary undertakings by enterprises relating to privacy. Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	14-6.
	B. Accept Trade Administration documents submitted electronically as the legal equivalent of the paper version of those documents.
	Article 14.10, principles on access to and use of the internet for electronic commerce.
	Subject to applicable policies, laws and regulations, the parties recognize the benefits of consumers in their territories having the ability to access and use services and applications of a consumer s choice available on the internet, subject to reasonable network management 7 b.
	Connect the end-user devices of a consumer s choice to the internet, provided that such devices do not harm the network and c.
	Access information on the network management practices of a consumer s internet access service supplier.
	Article 14.11, cross-border transfer of information by electronic means.
	One, the parties recognize that each party may have its own regulatory requirements concerning the transfer of information by electronic means.
	Two, each party shall allow the cross-border transfer of information by electronic means, including personal information, when this activity is for the conduct of the business of a covered person 3.
	Nothing in this article shall prevent a party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade and b.
	Does not impose restrictions on transfers of information greater than are required to achieve the objective.
	Article 14.12, internet interconnection charge sharing.
	The parties recognize that a supplier seeking international internet connection should be, 7.
	The parties recognize that an internet access service supplier that offers its subscribers certain content on an exclusive basis would not be acting contrary to this principle.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	14-7 able to negotiate with suppliers of another party on a commercial basis.
	These negotiations may include negotiations regarding compensation for the establishment, operation and maintenance of facilities of the respective suppliers.
	Article 14.13, location of computing facilities one.
	The parties recognize that each party may have its own regulatory requirements regarding the use of computing facilities, including requirements that seek to ensure the security and confidentiality of communications.
	Two, no party shall require a covered person to use all locate computing facilities in that party's territory as a condition for conducting business in that territory.
	3.
	Nothing in this article shall prevent a party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade,
	and b does not impose restrictions on the use or location of computing facilities greater than are required to achieve the objective. Article 14.14, Unsolicited commercial electronic messages 8.
	1.
	Each party shall adopt or maintain measures regarding unsolicited commercial electronic messages that require suppliers of unsolicited commercial electronic messages to facilitate the ability of recipients to prevent ongoing reception of those messages.
	B. Require the consent, as specified according to the laws and regulations of each party, of recipients to receive commercial electronic messages or c.
	Otherwise provide for the minimization of unsolicited commercial electronic messages.
	8 Brunader Russell AIM is not required to apply this article before the date on which it implements its legal framework regarding unsolicited commercial electronic messages.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency, subject to authentication of English, Spanish and French versions.
	14-8, 2.
	Each party shall provide recourse against suppliers of unsolicited commercial electronic messages that do not comply with the measures adopted or maintained pursuant to paragraph 1 3.
	The parties shall endeavor to cooperate in appropriate cases of mutual concern regarding the regulation of unsolicited commercial electronic messages.
	Article 14.15, cooperation, recognizing the global nature of electronic commerce, the parties shall endeavor to work together to assist SMES to overcome obstacles to its use b.
	Exchange information and share experiences on regulations policies, enforcement and compliance regarding electronic commerce, including, I. Personal information protection.
	Two online consumer protection, including means for consumer address and building consumer confidence.
	Three unsolicited commercial electronic messages for security and electronic communications, v authentication and six e-government c.
	Exchange information and share views on consumer access to products and services offered online among the Parties.
	D. Participate actively in regional and multilateral fora to promote the development of electronic commerce and.
	E. Encourage development by the private sector of methods of self-regulation that foster electronic commerce,
	including codes of conduct, model contracts, guidelines and enforcement mechanisms. Article 14.16. Cooperation on cyber security matters. The parties recognize the importance of building the capabilities of their national entities responsible for computer. Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	14-9.
	Security incident response and b using existing collaboration mechanisms to cooperate to identify and mitigate malicious intrusions or dissemination of malicious code that affect the electronic networks of the parties.
	Article 14.17, Source Code. 1. No party shall require the transfer of or access to source code of software owned by a person of another party as a condition for the import, distribution, sale or use of such software, Or of products containing such software in its territory.
	2.
	For the purposes of this article, software subject to paragraph 1 is limited to mass market software or products containing such software, and does not include software used for critical infrastructure.
	3.
	Nothing in this article shall preclude the inclusion or implementation of terms and conditions related to the provision of source code in commercially negotiated contracts or b a party from requiring the modification of source code of software necessary for that software to comply with laws or regulations which are not inconsistent with this agreement.
	4.
	This article shall not be construed to affect requirements that relate to patent applications or granted patents, including any orders made by a judicial authority in relation to patent disputes, subject to safeguards against unauthorized disclosure under the law or practice of a party. Article 14.18 Dispute Settlement 1. With respect to existing measures,
	Malaysia shall not be subject to dispute settlement. Under Chapter 28, Dispute Settlement, regarding its obligations under Article 14.4, Non-Discriminatory Treatment of Digital Products,
	and Article 14.11, Cross-Border Transfer of Information by Electronic Means, for a period of two years after the date of entry into force of this agreement for Malaysia. 2. With respect to existing measures,
	Vietnam shall not be subject to dispute settlement. Under Chapter 28, Dispute Settlement, regarding its obligations under Article 14.4, Non-Discriminatory Treatment of Digital Products, Article 14.11, Cross-Border Transfer of Information by Electronic Means, and Article 14.13, Location of Computing Facilities,
	for a period of two years after the date of entry into force of this agreement for Vietnam. Subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 14-10. Subject to legal review in English, Spanish and French. For accuracy,
	clarity and consistency. Subject to authentication of English, Spanish and French versions. 15-1. Chapter 15. Government Procurement. Article 15.1. Definitions. For the purposes of this chapter, Build operate, transfer contract and public works.
	Concession contract means a contractual arrangement the primary purpose of which is to provide for a construction or rehabilitation of physical infrastructure plants buildings, facilities or other government and works, and under which, as consideration for a supplier's execution of a contractual arrangement, a procuring entity grants to the supplier, for a specified period of time,
	temporary ownership or a right to control and operate and demand payment for the use of those works for the duration of the contract.
	Commercial goods or services means goods or services of a type generally sold or offered for sale in the commercial marketplace to and customarily purchased by non-governmental buyers for non-governmental purposes.
	In writing or written means any worded or numbered expression that can be read, reproduced and may be later communicated.
	It may include electronically transmitted and stored information.
	Limited tendering means a procurement method whereby the procuring entity contacts a supplier or suppliers of its choice.
	Multi-use list means a list of suppliers that a procuring entity has determined satisfied the conditions for participation in that list and that the procuring entity intends to use more than once.
	Notice of intended procurement means a notice published by a procuring entity inviting interested suppliers to submit a request for participation.
	A tender or both.
	Offset means any condition or undertaking that requires the use of domestic content, a domestic supplier, the licensing of technology, technology transfer investment, counter trade or similar action to encourage local development or to improve a party's balance of payments accounts.
	Open tendering means a procurement method whereby all interested suppliers may submit a tender.
	Procuring entity means an entity listed in annex 15 of.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	15-2, publish means to disseminate information through paper or electronic means that is distributed widely and is readily accessible to the general public.
	Qualified supplier means a supplier that a procuring entity recognizes as having satisfied the conditions for participation.
	Selective, Selective tendering means a procurement method whereby the procuring entity invites only qualified suppliers to submit a tender.
	Services includes construction services, unless otherwise specified. Supplier means a person or group of persons that provides or could provide a good or service to a procuring entity. And technical specification means a tendering requirement that sets out the characteristics of A. Goods should be procured,
	including quality, performance, safety and dimensions or the processes and methods for their production. Or 2. Services should be procured, or the processes or methods for their provision,
	including any applicable administrative provisions or b addresses terminology, symbols, packaging, marking or labelling requirements as they apply to a good or service. Article 15.2 Scope Application of Chapter 1. This chapter applies to any measure regarding covered procurement. 2. For the purposes of this chapter,
	covered procurement means government procurement of a good, service or any combination thereof as specified in each party's schedule to Annex 15 of B. By any contractual means, including purchase,
	rental or lease, with or without an option to buy, build operate transfer contracts and public works. Concessions contracts. C. For which the value, as estimated in accordance with paragraphs 8 and 9, equals or exceeds the relevant threshold specified in a party's schedule 2. Subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English,
	Spanish and French versions. 15-3. Annex 15 of, at the time of publication of a notice of intended procurement. D. By a procuring entity,
	and E. That is not otherwise excluded from coverage under this agreement. Activities not covered. 3. Unless otherwise provided in a party schedule to Annex 15 of. This chapter does not. Apply to the acquisition or rental of land,
	existing buildings or other removable property or the rights therein. B. Non-contractual agreements or any form of assistance that a party, including its procuring entities, provides, including cooperative agreements,
	grants, loans, equity and fusions guarantees, subsidies, fiscal incentives and sponsorship arrangements. C. The procurement or acquisition of fiscal agency or deposit or services, liquidation and management services for regulated financial institutions, or services related to the sale, redemption and distribution of public debt, including loans and government bonds,
	notes and other securities. D. Public employment contracts. E. Procurement. I. Conducted for the specific purpose of providing international assistance,
	including development aid. 2. Funded by an international organization or foreign or international grants, loans or other assistance to which procurement procedures or conditions of the international organization or donor apply. If the procedures or conditions of the international organization or donor do not restrict the participation of suppliers then the procurement shall be subject to Article 15.4.1,
	general principles, or 3. Conducted under the particular procedure or condition of an international agreement relating to the stationing of troops or relating to the joint implementation by the signatory countries of a project and F. Procurement of a good or service outside the territory of the party of the procuring entity for consumption outside the territory of that party. Subject to legal review in English,
	Spanish and French for accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 15-4. Schedules. 4. Each party shall specify the following information in its schedule to Annex 15 of A. In Section A. The central government entities whose procurement is covered by this chapter. B. In Section B,
	the sub-central government entities whose procurement is covered by this chapter. C. In Section C, other entities whose procurement is covered by this chapter. D. In Section D, the goods covered by this chapter. E. In Section E. The services, other than construction services, covered by this chapter. F. In Section F, the construction services covered by this chapter. G. In Section G,
	any general notes. H. In Section H. The applicable threshold adjustment formula. I. In Section I, the publication information required under Article 15.6.2. Publication of procurement information. And J. In Section J,
	any transitional measures in accordance with Article 15.5. Transitional Measures. Compliance. 5. Each party shall ensure that its procuring entities comply with this chapter in conducting covered procurements. 6. No procuring entity shall prepare or design a procurement,
	or otherwise structure or divide a procurement into separate procurements in any stage of the procurement, or use a particular method to estimate the value of a procurement, in order to avoid the obligations of this chapter. 7. Nothing in this chapter shall be construed to prevent a party, including its procuring entities, from developing new procurement policies, procedures,
	or contractual means, provided that they are not inconsistent with this chapter. Valuation. 8. In estimating the value of a procurement for the purposes of ascertaining whether it is a covered procurement,
	a procuring entity shall include the estimated maximum total value of subject to legal review in English, Spanish, and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish, and French versions. 15-5. The procurement over its entire duration, taking into account all forms of remuneration, including any premium, fee, commission, interest,
	or other revenue stream that may be provided for under the contract. B. The value of any option clause and C. Any contract awarded at the same time or over a given period to one or more suppliers under the same procurement. 9. If the total estimated maximum value of a procurement over its entire duration is not known,
	the procurement shall be deemed a covered procurement, unless otherwise excluded under this agreement. Article 15.3 exceptions. 1. Subject to the requirement that the measure is not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination between parties where the same conditions prevail,
	or a disguised restriction on international trade between the parties. Nothing in this chapter shall be construed to prevent a party, including its procuring entities, from adopting or maintaining a measure necessary to protect public morals,
	order, or safety. b. Necessary to protect human, animal or plant life or health. C. Necessary to protect intellectual property, or D. Relating to the good or service of a person with disabilities,
	a philanthropic or not-for-profit institutions, or of prison labor. 2. The parties understand that so paragraph 1 includes environmental measures necessary to protect human, animal, or plant life or health. Article 15.4, general principles. National treatment and non-discrimination. 1. With respect to any measure regarding covered procurement, each party,
	including its procuring entities, shall accord immediately and unconditionally to the goods and services of any other party and to the suppliers of any other party treatment no less favorable than the treatment that the party, including its procuring entities, accords to domestic goods, services and suppliers, and subject to legal review in English, Spanish and French. For accuracy,
	clarity and consistency. Subject to authentication of English, Spanish, and French versions. 15-6 B. Goods, Services and Suppliers of any other party. For greater certainty,
	this obligation refers only to the treatment accorded by a party to any good, service, or supplier of any other party under this agreement. 2. With respect to any measure regarding covered procurement, no party, including its procuring entities, shall treat a locally established supplier less favorably than another locally established supplier on the basis of degree of foreign affiliation or ownership,
	Or b.
	Discriminate against a locally established supplier on the basis that the good or service offered by that supplier for a particular procurement is a good or service of any other party.
	3.
	Orders under contracts awarded for covered procurement shall be subject to paragraphs 1 and 2 of this article.
	Procurement methods.
	4.
	A procuring entity shall use an open gendering procedure for covered procurement.
	Unless Article 15.9, Qualification of Suppliers, or Article 15.10, Limited Gendering, applies. Rules of origin. 5. Each party shall apply to covered procurement of a good rules of origin that it applies in the normal course of trade to that good office. 6. With regard to covered procurement,
	no party, including its procuring entities, shall seek, take account of, impose or enforce any offset at any stage of a procurement. Measures not specific to procurement. 7. Paragraphs 1 and 2 shall not apply to customs duties and charges of any kind imposed on or in connection with importation,
	the method of levying such duties and charges, other import regulations or formalities, and measures affecting trade in services other than measures governing covered procurement. Use of electronic means. 8. The parties shall seek to provide opportunities for covered procurement should be undertaken through electronic means,
	including for the publication of procurement information, notices and tender documentation, and for the receipt of genders. Subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 15-7. 9. When conducting covered procurement by electronic means,
	a procuring entity shall ensure that the procurement is conducted using information technology. Systems and software, including those related to authentication and encryption of information that are generally available and interoperable with other generally available information technology systems and software,
	and b establish and maintain mechanisms that ensure the integrity of information provided by suppliers, including requests for participation and genders. Article 15.5. Transitional measures. 1. A party that is a developing country,
	developing country party, may, with the agreement of the other parties, adopt or maintain one or more of the following transitional measures, during a transition period set out in, and in accordance with,
	Section J of the Party S Schedule to Annex 15 of a price preference program, provided that the program provides a preference only for the part of the tender incorporating goods or services originating in that developing country party, And 2.
	Is transparent, and that the preference and its application in the procurement are clearly described in the notice of intended procurement.
	B an offset, provided that any requirement for or consideration of the imposition of the offset is clearly stated in the notice of intended procurement.
	C.
	The phased in addition of specific entities or sectors.
	And d.
	A threshold that is higher than its permanent threshold.
	A transitional measure shall be applied in a manner that does not discriminate between the other parties.
	2.
	The parties may agree to the delayed application of any obligation in this chapter, other than Article 15.4.1 b.
	General principles, by the developing country party while that party implements the obligation.
	The implementation period shall be only the period necessary to implement the obligation.
	3.
	Any developing country party that has negotiated an implementation period for an obligation under paragraph 2 shall list in its schedule to annex 15 of the agreed implementation period the specific obligation subject to the implementation period and any interim obligation with which it has agreed to comply during the implementation period.
	Subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 15-8. 4. After this agreement has entered into force for a developing country party,
	the other parties, on request of that developing country party, may extend the transition period for a measure adopted or maintained under paragraph 1 or any implementation period negotiated under paragraph 2,
	or b. Approve the adoption of the new transitional measure under paragraph 1, in special circumstances that were unforeseen. 5. A developing country party that has negotiated a transitional measure under paragraphs 1 or 4,
	an implementation period under paragraph 2, or any extension under paragraph 4, shall take those steps during the transition period or implementation period that may be necessary to ensure that it is in compliance with this chapter at the end of any such period. The developing country party shall promptly notify the other parties of each step in accordance with Article 27.7,
	reporting on progress related to transitional measures. 6. Each party shall give consideration to any request by a developing country party for technical cooperation and capacity building in relation to that party's implementation of this chapter. Article 15.6,
	Publication of Procurement Information. 1. Each party shall promptly publish any measure of general application relating to covered procurement,
	and any change or addition to this information. 2. Each party shall list in section I of its schedule to Annex 15 of the paper or electronic means through which the party publishes the information described in paragraph 1 and the notices required by Article 15.7,
	Notices of Intended Procurement, Article 15.9.3 Qualification of Suppliers, and Article 15.16.3, Post-Award Information. 3. Each party shall, on request, respond to an inquiry relating to the information referred to in paragraph 1. Article 15.7,
	Notices of Intended Procurement. 1. For each covered procurement, except in the circumstances described in Article 15.10. Limited tendering,
	a procuring entity shall publish a notice of intended procurement. Through the appropriate paper or electronic means listed in Annex 15. The notices shall remain readily accessible to the public until at least the expiration of the time period for responding to the notice or the deadline for submission of the tender. 2. The notices shall,
	if accessible by electronic means, be provided free of charge. A. For central government entities that are covered under Annex 15a, through a single point of access, and subject to legal review in English,
	Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 15-9. b. For sub-central government entities and other entities covered under Annex 15-a,
	through links in a single electronic portal. 3. Unless otherwise provided in this chapter, each notice of intended procurement shall include the following information,
	Unless that information is provided in the tender documentation that is made available free of charge to all interested suppliers at the same time as the notice of intended procurement, name and address of the procuring entity and other information necessary to contact the procuring entity and obtain all relevant documents relating to the procurement and the cost, in terms of payment, to obtain the relevant documents, if any.
	B a description of the procurement including, if appropriate, the nature and quantity of the goods or services should be procured and a description of any options or the estimated quantity if the quantity is not known.
	C if applicable, the time frame for delivery of goods or services or the duration of the contract.
	D if applicable, the address and any final date for the submission of requests for participation in the procurement.
	E the address and the final date for the submission of tenders.
	F the language or languages in which tenders or requests for participation may be submitted, if other than an official language of the party of the procuring entity.
	G a list and a brief description of any conditions for participation of suppliers that may include any related requirements for specific documents or certifications that suppliers must provide h.
	If, pursuant to article 15.9 qualification of suppliers a procuring entity intends to select a limited number of qualified suppliers should be invited to tender, the criteria that will be used to select them and, if applicable, any limitation on the number of suppliers that will be permitted to tender.
	And I an indication that the procurement is covered by this chapter, unless that indication is publicly available through information published pursuant to article 15.6.2.
	Publication of procurement information for greater certainty.
	Paragraph 3 does not preclude a party from charging a fee for tender documentation if the notice of intended procurement includes all of the information set out in paragraph 3, subject to legal review in English, Spanish and French for accuracy, clarity and consistency, subject to authentication of English, Spanish and French versions.
	15-10, 5.
	For the purposes of this chapter, each party shall endeavor to use English as the language for publishing the notice of intended procurement.
	Notice of planned procurement, 6.
	Procuring entities are encouraged to publish, as early as possible in each fiscal year, notice regarding their future procurement plans, notice of planned procurement, which should include the subject matter of the procurement and the planned date of publication of the notice of intended procurement.
	Article 15.8 conditions for participation one.
	A procuring entity shall limit any conditions for participation in a covered procurement to Those conditions that ensure that a supplier has the legal and financial capacities and the commercial and technical abilities to fulfill the requirements of that procurement.
	2.
	In establishing the conditions for participation, a procuring entity shall not impose the condition that, in order for a supplier to participate in a procurement, the supplier has previously been awarded one or more contracts. By a procuring entity of a given party or that the supplier has prior work experience in the territory of that party,
	and b may require relevant prior experience if essential to meet the requirements of the procurement. 3. In assessing whether a supplier satisfies the conditions for participation,
	a procuring entity shall evaluate the financial capacity and the commercial and technical abilities of a supplier on the basis of that supplier's business activities both inside and outside the territory of the party of the procuring entity,
	and b base its evaluation solely on the conditions that the procuring entity has specified in advance in notices or tender documentation. 4. If there is supporting material, the party,
	including its procuring entities, may exclude a supplier on grounds such as bankruptcy or insolvency. b. False declarations. C. Significant or persistent efficiencies in the performance of any substantive requirement or obligation under a prior contract or contracts,
	or subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English,
	Spanish and French versions. 15-11. D. Failure to pay taxes. 5. For greater certainty, this article is not intended to preclude a procuring entity from promoting compliance with laws in the territory in which the good is produced or the service is performed relating to labor rights as recognized by the parties and set forth in Article 19.3 labor rights,
	provided that such measures are applied in a manner consistent with Chapter 26, Transparency and Anti-Corruption, and are not applied in a manner that constitutes a means of arbitrary or unjustifiable discrimination between the parties or a disguised restriction on trade between the parties.1. Article 15.9,
	Qualification of Suppliers Registration Systems and Qualification Procedures. 1. A party, including its procuring entities, may maintain a supplier registration system. Under which interested suppliers are required to register and provide certain information. 2. No party,
	including its procuring entities, shall adopt or apply any registration system or qualification procedure with the purpose or the effect of creating unnecessary obstacles to the participation of suppliers of another party in its procurement,
	or b use such registration system or qualification procedure to prevent or delay the inclusion of suppliers of other parties on the list of suppliers or prevent those suppliers from being considered for a particular procurement. Selective tendering. 3. If a party S measures authorize the use of selective tendering,
	and if a procuring entity intends to use selective tendering, the procuring entity shall publish a notice of intended procurement that invites suppliers to submit a request for participation in a covered procurement,
	and b. Include in the notice of intended procurement the information specified in Article 15.7.3, M. B. D. G. H. and I. Notices of Intended Procurement. 4. The procuring entity shall publish the notice sufficiently in advance of the procurement to allow interested suppliers to request participation in the procurement,
	when the adoption and maintenance of these measures by a party should not be construed as evidence that another party has breached the obligations under Chapter 19, Labor, with respect to labor. Subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 15-12. b provide,
	by the commencement of a time period for tendering, at least the information in Article 15.7.3, C.E. and F. Notices of intended procurement, to the qualified suppliers that it notifies as specified in Article 15.14.3, B. Time periods, and C. Allow all qualified suppliers to submit a tender,
	Unless the procuring entity stated in the notice of intended procurement a limitation on the number of suppliers that will be permitted to tender and the criteria or justification for selecting the limited number of suppliers.
	5.
	If the tender documentation is not made publicly available from the date of publication of the notice referred to in paragraph 3, the procuring entity shall ensure that the tender documentation is made available at the same time to all the qualified suppliers selected.
	In accordance with paragraph 4, C. Multi-use list.
	6.
	A party, including its procuring entities, May establish or maintain a multi-use list.
	Provided that it publishes annually or otherwise, makes continuously available by electronic means a notice inviting interested suppliers to apply for inclusion on the list.
	The notice shall include a description of the goods and services, or categories thereof, for which the list may be used.
	B.
	The conditions for participation to be satisfied by suppliers for inclusion on the list and the methods that the procuring entity or other government agency will use to verify a supplier's satisfaction of those conditions.
	C.
	The name and address of the procuring entity or other government agency and other information necessary to contact the procuring entity and to obtain all relevant documents relating to the list.
	D.
	The period of validity of the list and the means for its renewal or termination.
	Or, If the period of validity is not provided, an indication of the method by which notice will be given of the termination of the use of the list.
	E. Deadline for submission of applications for inclusion on the list, if applicable and.
	F an indication that the list may be used for procurement covered by this chapter, unless that indication is publicly available through information published pursuant to article 15.6.2.
	Publication of procurement information 7.
	A party, including its procuring entities, that establishes or maintains a multi-use list shall include on the list, within a reasonable period of time, all suppliers that satisfy the conditions for participation set out in the notice referred to in paragraph 6, subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions 15-13 8.
	If a supplier that is not included on a multi-use list submits a request for participation in a procurement based on the multi-use list and submits all required documents within the time period provided for in article 15.14.2 time periods a procuring entity shall examine the request.
	The procuring entity shall not exclude the supplier from consideration in respect of the procurement unless the procuring entity is not able to complete the examination of the request within the time period allowed for the submission of tenders.
	Information on procuring entity decisions 9.
	A procuring entity or other entity of a party shall promptly inform any supplier that submits a request for participation in a procurement or application for inclusion on the multi-use list of the decision with respect to the request or application.
	10.
	If a procuring entity or other entity of a party rejects a supplier's request for participation or application for inclusion on a multi-use list, ceases to recognize a supplier as qualified or removes a supplier from the multi-use list, the entity shall promptly inform the supplier and, on request of the supplier, promptly provide the supplier with a written explanation of the reason for its decision.
	Article 15.10 limited gendering, 1.
	Provided that it does not use this provision for the purpose of avoiding competition between suppliers, to protect domestic suppliers or in a manner that discriminates against suppliers of any other party, a procuring entity may use limited gendering 2.
	If a procuring entity uses limited gendering, it may choose, according to the nature of the procurement, not to apply article 15.7.
	Notices of intended procurement through article 15.9 qualification of suppliers.
	And article 15.11, negotiations through article.
	Article 15.15 Treatment of tenders and awarding of contracts.
	A procuring entity may use limited tendering only under the following circumstances, A. If in response to a prior notice, invitation to participate or invitation to tender.
	I.
	No tenders were submitted or no suppliers requested participation.
	2.
	No tenders were submitted that conform to the essential requirements in.
	The tender documentation.
	3.
	No supplier satisfied the conditions for participation, or 5. The tenders submitted were collusive, provided that the procuring entity does not substantially modify the essential requirements set out in the notices or tender documentation, subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	15-14.
	B if a good or service can be supplied only by a particular supplier and no reasonable alternative or substitute good or service exists for any of the following reasons, I the requirement is for a work of art, to the protection of patents, copyrights or other exclusive rights, or three due to an absence of competition for technical reasons.
	C for additional deliveries by the original supplier or its authorized agent of goods or services that were not included in the initial procurement of a change of supplier.
	For such additional goods or services.
	I cannot be made for technical reasons, such as requirements of interchangeability or interoperability with existing equipment software, services or installations procured under the initial procurement or due to conditions under original supplier warranties.
	And two would cause significant inconvenience or substantial duplication of costs for the procuring entity.
	D for a good purchase on a commodity market or exchange.
	E if a procuring entity procures a prototype or a first good or service that is intended for limited trial or that is developed at its request in the course of and for a particular contract for research experiment, study or original development.
	Original development of a prototype or a first good or service may include limited production or supply in order to incorporate the results of field testing and to demonstrate that the prototype or the first good or service is suitable for production or supply in quantity to acceptable quality standards, but does not include quantity production or supply to establish commercial viability or to recover research and development costs.
	Subsequent procurements of these newly developed goods or services however, shall be subject to this chapter f if additional construction services that were not included Included in the initial contract.
	But that were within the objectives of the original gender documentation, have,
	due to unforeseeable circumstances, become necessary to complete the construction services described therein. However, the total value of contracts awarded for additional construction services may not exceed 50% of the value of the initial contract. G. For purchases made under exceptionally advantageous conditions that only arise in the very short term,
	such as from unusual disposals, liquidation, bankruptcy or receivership, but not for routine purchases from regular. Subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 15-15. Suppliers, H. If a contract is awarded to the winner of a design contest,
	provided that I. The contest has been organized in a manner that is consistent with this chapter, and 2. The contest is judged by an independent jury with a view to award a design contract to the winner or I. And so far as is strictly necessary if,
	for reasons of extreme urgency brought about by events enforeseable by the procuring entity, the good or service could not be obtained in time by means of open or selective gendering. 3. For each contract awarded in accordance with paragraph 2, a procuring entity shall prepare a report in writing, or maintain a record, that includes the name of the procuring entity, the value and kind of good or service procured,
	In a statement that indicates the circumstances and conditions described in paragraph 2 that justified the use of limited gendering.
	Article 15.11.
	Negotiations.
	1.
	A party may provide for its procuring entities to conduct negotiations in the context of covered procurement if the procuring entity has indicated its intent to conduct negotiations in the notice of intended procurement required under Article 15.7, notices of intended procurement, or B.
	It appears from the evaluation that no tender is obviously the most advantageous in terms of the specific evaluation criteria set out in the notice of intended procurement or tender documentation.
	2.
	A procuring entity shall ensure that any elimination of suppliers participating in negotiations is carried out in accordance with the evaluation criteria set out in the notice of intended procurement or tender documentation, and b.
	When negotiations are concluded, provide a common deadline for the remaining participating suppliers to submit any new or revised genders. Article 15.12. Technical specifications. 1. A procuring entity shall not prepare,
	adopt or apply any technical specification or subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English,
	Spanish and French versions. 15-16. Prescribe any conformity assessment procedure with the purpose or effect of creating an unnecessary obstacle to trade between the parties. 2. In prescribing the technical specifications for the good or service being procured,
	a procuring entity shall, if appropriate, a. Set out the technical specifications in terms of performance and functional requirements, rather than design or descriptive characteristics,
	and b. Base the technical specifications on international standards, if these exist, otherwise, on national technical regulations, recognized national standards or building codes. 3. A procuring entity shall not prescribe technical specifications that require or refer to a particular trademark or trade name,
	patent copyright, design, type specific origin, producer, or supplier, unless there is no other sufficiently precise or intelligible way of describing the procurement requirements and provided that,
	in these cases, the procuring entity includes words such as or equivalent in the gender documentation. 4. A procuring entity shall not seek or accept, in a manner that would have the effect of precluding competition,
	advice that may be used in the preparation or adoption of any technical specification for a specific procurement from a person that may have a commercial interest in the procurement. 5. For greater certainty,
	a procuring entity may conduct market research and developing specifications for a particular procurement. 6. For greater certainty, this article is not intended to preclude a procuring entity from preparing, adopting or applying technical specifications to promote the conservation of natural resources or the protection of the environment. 7. For greater certainty,
	this chapter is not intended to preclude a party or its procuring entities from preparing, adopting or applying technical specifications required to protect sensitive government information, Including specifications that may affect or limit the storage, hosting or processing of such information outside the territory of the party.
	Article 15.13.
	Tender documentation.
	1.
	A procuring entity shall promptly make available or provide on request to any interested supplier gender documentation that includes all information necessary to permit the supplier to prepare and submit a responsive gender.
	Unless already provided in the notice of intended procurement, that gender documentation shall include a complete description of the procurement, including the nature, scope and, if known, the quantity of the good or service to be procured or, if the quantity is not known, the estimated quantity and any requirements to be fulfilled, including any technical. Subject to legal review in English,
	Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 15-17. Specifications, conformity certification,
	plans, drawings or instructional materials. b. Any conditions for participation, including any financial guarantees, information and documents that suppliers are required to submit. C. All criteria to be considered in the awarding of the contract and the relative importance of those criteria. D. If there will be a public opening of tenders,
	the date, time and place for the opening. e. Any other terms, conditions relevant to the evaluation of tenders, and F. Any date for delivery of a good or supply of a service. 2. In establishing any date for the delivery of a good or the supply of a service being procured,
	a procuring entity shall take into account factors such as the complexity of the procurement. 3. A procuring entity shall promptly reply to any reasonable request for relevant information by an interested or participating supplier, provided that the information does not give that supplier an advantage over other suppliers. Modifications. 4. If prior to the award of a contract,
	a procuring entity modifies the evaluation criteria or requirements set out in a notice of intended procurement or tender documentation provided. To a participating supplier,
	or amends or reissues a notice or tender documentation, it shall publish or provide those modifications or the amended or reissued notice or tender documentation to all suppliers that are participating in the procurement at the time of the modification,
	amendment or reissuance, if those suppliers are known to the procuring entity and in all other cases in the same manner as the original information was made available and b. An adequate time to allow those suppliers to modify and resubmit their initial tender if appropriate. Article 15.14 Time Periods General 1. A procuring entity shall,
	consistent with its own reasonable needs, provide sufficient time for a supplier to obtain the tender documentation and to prepare and submit a request for subject to legal review in English, Spanish and French for accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 15-18. Participation and a responsive tender,
	taking into account factors such as the nature and complexity of the procurement, and b the time necessary for transmitting tenders by non-electronic means from foreign as well as domestic points if electronic means are not used deadlines. 2. A procuring entity that uses selective tendering shall establish that the final date for the submission of a request for participation shall not,
	in principle, be less than 25 days from the date of publication of the notice of intended procurement. If a state of urgency duly substantiated by the procuring entity renders this time period impracticable,
	the time period may be reduced to no less than 10 days. 3. Except as provided in paragraphs 4 and 5, a procuring entity shall establish that the final date for the submission of tenders shall not be less than 40 days from the date on which in the case of open tendering the notice of intended procurement is published or b. In the case of selective tendering,
	The procuring entity notifies the suppliers that they will be invited to submit tenders, whether or not it uses the multi-use list.
	4.
	A procuring entity may reduce the time period for tendering set out in paragraph 3 by 5 days for each one of the following circumstances.
	The notice of intended procurement is published by electronic means.
	B.
	The tender documentation is made available by electronic means from the date of the publication of the notice of intended procurement, and c.
	The procuring entity accepts tenders by electronic means.
	5.
	A procuring entity may reduce the time period for tendering set out in paragraph 3 to no less than 10 days if the procuring entity has published a notice of planned procurement under Article 15.7,
	notices of intended procurement, at least 40 days and no more than 12 months in advance of the publication of the notice of intended procurement, and the notice of planned procurement contains a. A description of the procurement. 2. The approximate final dates for the submission of tenders or requests. For participation,
	subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 15-19. 3. The address from which documents relating to the procurement may be obtained,
	and 5. As much of the information that is required for the notice of intended procurement as is available. b. A state of urgency duly substantiated by the procuring entity and practicable the time period for tendering set out in paragraph 3 or C. The procuring entity procures commercial goods or services. 6. The use of paragraph 4,
	In conjunction with paragraph 5, shall in no case result in the reduction of the time periods for tendering set out in paragraph 3 to less than 10 days.
	7.
	A procuring entity shall require all interested or participating suppliers to submit requests for participation or tenders in accordance with the common deadline.
	These time periods and any extension of these time periods shall be the same for all interested or participating suppliers.
	Article 15.15, Treatment of Tenders and Awarding of Contracts.
	Treatment of genders.
	1.
	A procuring entity shall receive, open and treat all tenders under procedures that guarantee the fairness and impartiality of the procurement process and the confidentiality of genders. 2. If a procuring entity provides a supplier with an opportunity to correct unintentional errors of form between the opening of tenders and the awarding of the contract,
	the procuring entity shall provide the same opportunity to all participating suppliers. Awarding of contracts. 3. To be considered for an award, a tender shall be submitted in writing and shall,
	at the time of opening, comply with the essential requirements set out in the notices and tender documentation and be submitted by a supplier who satisfies the conditions for participation. 4. Unless a procuring entity determines that it is not in the public interest to award a contract,
	it shall award the contract to the supplier that the procuring entity has determined to be fully capable of fulfilling the terms of the contract and that, based solely on the evaluation criteria specified in the notice and gender documentation, Submits, a the most advantageous gender, or.
	B if price is the sole criterion, the lowest price.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions 15-20 5.
	A procuring entity shall not use options cancel a covered procurement or modify or terminate awarded contracts in order to avoid the obligations of this chapter.
	Article 15.16, post-award information.
	Information provided to suppliers, 1.
	A procuring entity shall promptly inform suppliers that have submitted a tender of the contract award decision.
	The procuring entity may do so in writing or through the prompt publication of the notice in paragraph 3, provided that the notice includes the date of award.
	If a supplier has requested the information in writing, the procuring entity shall provide it in writing 2.
	Subject to article 15.17, disclosure of information.
	A procuring entity shall, on request, provide an unsuccessful supplier with an explanation of the reasons why the procuring entity did not select the unsuccessful supplier as tender or an explanation of the relative advantages of the successful supplier gender.
	Publication of award information, 3.
	A procuring entity shall promptly after the award of a contract for a covered procurement, publish in an officially designated publication a notice containing at least the following information, a description of the good or service procured.
	B the name and address of the procuring entity.
	C the name and address of the successful supplier.
	D the value of the contract award.
	E the date of award or, if the procuring entity has already informed suppliers of the date of the award under paragraph 1, the contract date.
	And f the procurement method used.
	And if a procedure was used pursuant to article 15.10, limited gendering, a brief description of the circumstances justifying the use of that procedure.
	Maintenance of records for a procuring entity shall maintain the documentation, records and reports relating to tendering procedures and contract awards for covered Procurement, including the records and reports provided for in Article 15.10.3, limited tendering, for at least three years after the award of a contract. Subject to legal review in English,
	Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 15-21. Article 15.17, Disclosure of Information. Provision of information to parties. 1. On request of any other party, a party shall provide promptly information sufficient to demonstrate whether a procurement was conducted fairly,
	impartially and in accordance with this chapter, including, if applicable, information on the characteristics and relative advantages of the successful tender, without disclosing confidential information. The party that receives the information shall not disclose it to any supplier, except after consulting with, and obtaining the agreement of,
	the party that provided the information. Non-disclosure of information. 2. Notwithstanding any other provision of this chapter, the party, including its procuring entities, shall not,
	except to the extent required by law or with the written authorization of the supplier that provided the information, disclose information that would prejudice legitimate commercial interests of a particular supplier or that might prejudice fair competition between suppliers. 3. Nothing in this chapter shall be construed to require a party,
	including its procuring entities, authorities and review bodies, to disclose confidential information if that disclosure a. Would impede law enforcement. b might prejudice fair competition between suppliers. C. Would prejudice the legitimate commercial interests of particular persons,
	including the protection of intellectual property, or D. Would otherwise be contrary to the public interest. Article 15.18, ensuring integrity in procurement practices. Each party shall ensure that criminal or administrative measures exist to address corruption in its government procurement. These measures may include procedures to render ineligible for participation in the party's procurements,
	Either indefinitely or for a stated period of time.
	Suppliers that the party has determined to have engaged in fraudulent or other illegal actions in relation to government procurement in the party's territory.
	Each party shall also ensure that it has in place policies and procedures to eliminate to the extent possible or manage any potential conflict of interest on the part of those engaged in or having influence over a procurement.
	Article 15.19, Domestic Review.
	Subject, Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions. 15-22. 1. Each party shall maintain, establish or designate at least one impartial administrative or judicial authority review authority that is independent of its procuring entities to review in a non-discriminatory,
	timely, transparent and effective manner, a challenge or complaint complaint, by a supplier that there has been a breach of this chapter, or b if the supplier does not have a right to directly challenge a breach of this chapter under the law of a party, a failure of a procuring entity to comply with the party's measures implementing this chapter,
	arising in the context of a covered procurement, in which the supplier has or had an interest. The procedural rules for all complaints shall be in writing and made generally available. 2. In the event of a complaint by a supplier, arising in the context of covered procurement in which the supplier has or had an interest that there has been a breach or a failure as referred to in paragraph 1,
	The party of the procuring entity conducting the procurement shall encourage, if appropriate, the procuring entity and the supplier to seek resolution of the complaint through consultations.
	The procuring entity shall accord impartial and timely consideration to the complaint in a manner that is not prejudicial to the supplier's participation in ongoing or future procurement or to its right to seek corrective measures.
	Under the administrative or judicial review procedure, each party shall make information on its complaint mechanisms generally available. 3. If a body other than the review authority initially reviews a complaint,
	the party shall ensure that the supplier may appeal the initial decision to the review authority that is independent of the procuring entity that is the subject of the complaint. 4. If the review authority has determined that there has been a breach or a failure as referred to in paragraph 1, a party may limit compensation for the loss or damages suffered to either the costs reasonably incurred in the preparation of the tender or in bringing the complaint,
	or both. 5. Each party shall ensure that if the review authority is not court, its review procedures are conducted in accordance with the following procedures. A supplier shall be allowed sufficient time to prepare and submit a complaint in writing, Which in no case shall be less than 10 days from the time when the basis of the complaint became known or reasonably should have become known to the supplier.
	B.
	A procuring entity shall respond in writing to a supplier's complaint and provide all relevant documents to the review authority.
	C.
	A supplier that initiates a complaint shall be provided an opportunity to reply to the procuring entity's response before the review authority takes a decision.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions. 15-23. On the complaint, and D. The review authority shall provide its decision on the supplier's complaint in a timely fashion, in writing,
	with an explanation of the basis for the decision. 6. Each party shall adopt or maintain procedures that provide for a prompt interim measures, bending the resolution of a complaint, to preserve the supplier's opportunity to participate in the procurement and to ensure that the procuring entities of the party comply with its measures implementing this chapter,
	and b corrective action that may include compensation under paragraph 4. The procedures may provide that overriding adverse consequences for the interests concerned, including the public interest,
	may be taken into account when deciding whether those measures should be applied. Just cause for not acting shall be provided in writing. Article 15.20 Modifications and Rectifications of Annex. 1. A party shall notify any proposed modification or rectification,
	modification, to its schedule to Annex 15 by circulating a notice in writing to the other parties through the overall contact points designated under Article 27.5, Contact Points.
	A party shall provide compensatory adjustments for a change in coverage, if necessary to maintain a level of coverage comparable to that coverage that existed prior to the modification.
	The party may include the offer of compensatory adjustment in its notice.
	2.
	A party is not required to provide compensatory adjustments to the other parties if the proposed modification concerns one of the following, A procuring entity over which the party has effectively eliminated its control or influence in respect of covered procurement by the procuring entity, or b. Rectifications of a purely formal nature and minor modifications to its schedule to Annex 15 of,
	such as I. Changes in the name of a procuring entity. 2. The merger of one or more procuring entities listed in its schedule. 3. The separation of a procuring entity listed in its schedule into two or more procuring entities that are all added to the procuring entities. Listed in the same section of the annex,
	and 5. Changes in website references subject to legal review in English, Spanish and French. For accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions.
	15-24.
	And no party objects under paragraph 3 on the basis that the proposed modification does not concern or be, 3.
	Any party whose rights under this chapter may be affected by a proposed modification that is notified under paragraph 1 shall notify the other parties of any objection to the proposed modification within 45 days of the date of circulation of the notice.
	4.
	If a party objects to a proposed modification, including a modification regarding the procuring entity, on the basis that government control or influence over the entity as covered procurement has been effectively eliminated, that party may request additional information, including information on the nature of any government control or influence, with a view to clarifying and reaching agreement on the proposed modification,
	including the procuring entity's continued coverage under this chapter. The modifying party and any objecting party shall make every attempt to resolve the objection through consultations. 5. If the modifying party and any objecting party resolve the objection through consultations,
	the modifying party shall notify the other parties of the resolution. 6. The Commission shall modify Annex 15A to reflect any agreed modification. Article 15.21,
	Facilitation of Participation by SMES. 1. The parties recognize the important contribution that SMES can make to economic growth and employment and the importance of facilitating the participation of SMES in government procurement. 2. If a party maintains a measure that provides preferential treatment for SMES,
	the party shall ensure that the measure, including the criteria for eligibility, is transparent. 3. To facilitate participation by SMES and covered procurement, each party shall, To the extent possible and, if appropriate, provide comprehensive procurement-related information that includes a definition of SMES in a single electronic portal.
	B. Endeavor to make all tender documentation available free of charge c.
	Conduct procurement by electronic means or through other new information and communication technologies and d.
	Consider the size, design and structure of the procurement, including the use of subcontracting by SMES.
	Article 15.22 Cooperation, Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	15-25, 1.
	The parties recognize their shared interest in cooperating to promote international liberalization of government procurement markets, with a view to achieving enhanced understanding of their respective government procurement systems and to improving access to their respective markets 2.
	The parties shall endeavor to cooperate in matters such as, facilitating participation by suppliers and government procurement, in particular with respect to SMEs b.
	Exchanging experiences and information, such as regulatory frameworks, best practices and statistics c.
	Developing and expanding the use of electronic means and government procurement systems d.
	Building capability of government officials in best government procurement practices e.
	Institutional strengthening for the fulfillment of the provisions of this chapter and f.
	Enhancing the ability to provide multilingual access to procurement opportunities.
	Article 15.23 committee on government procurement.
	The parties hereby establish a committee on government procurement committee composed of government representatives of each party.
	On request of the party, the committee shall meet to address matters related to the implementation and operation of this chapter, such as, a cooperation between the parties as provided for in article 15.22.
	Cooperation b facilitation of participation by SMES and covered procurement, as provided for in article 15.21 facilitation of participation by SMES.
	C use of transitional measures and.
	D consideration of further negotiations as provided for in article 15.24 further negotiations.
	Article 15.24 further negotiations.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions 15-26 one.
	The committee shall review this chapter and may decide to hold further negotiations with a view to a improving market access coverage through, enlargement of procuring entity lists and reduction of exclusions and exceptions as set out in annex 15 of b.
	Revising the thresholds set out in annex 15 of c.
	Revising the threshold adjustment formula in section h of annex 15 of and d.
	Reducing and eliminating discriminatory measures 2.
	No later than three years after the date of entry into force of this agreement, the parties shall commence negotiations with a view to achieving expanded coverage, including sub-central coverage to.
	Parties may also agree to cover sub-central government procurement prior to or following the start of those negotiations, to for those parties that administer at the central level of government the kinds of procurement that other parties may administer by sub-central entities.
	Those negotiations may involve commitments at the central government level rather than at the sub-central government level.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions 16-1.
	Chapter 16, competition policy.
	Article 16.1.
	Competition law and authorities and anti-competitive business conduct.
	1, 1.
	Each party shall adopt or maintain national competition laws that prescribe anti-competitive business conduct with the objective of promoting economic efficiency and consumer welfare, and shall take appropriate action with respect to that conduct.
	These laws should take into account the ape principles to enhance competition and regulatory reform done at Auckland, September 13, 1999. 2. Each party shall endeavor to apply its national competition laws to all commercial activities in its territory.2 However,
	each party may provide for certain exemptions from the application of its national competition laws provided that those exemptions are transparent and are based on public policy grounds or public interest grounds. 3. Each party shall maintain an authority or authorities responsible for the enforcement of its national competition laws,
	national competition authorities. Each party shall provide that it is the enforcement policy of that authority or authorities to act in accordance with the objectives set out in paragraph 1 and not to discriminate on the basis of nationality. Article 16.2,
	Procedural Fairness in Competition Law Enforcement 3. 1. Each party shall ensure that before it imposes a sanction or remedy against a person for violating its national competition laws,
	it affords that person information about the national competition authority's competition concerns. b a reasonable opportunity to be represented by counsel and 1 This article is subject to Annex 16 application of Article 16.2,
	Article 16.3 and Article 16.4 to Brunei. Dare Russellaim 2 For greater certainty, nothing in paragraph 2 shall be construed to preclude a party from applying its competition laws to commercial activities outside its borders that have anti-competitive effects within its jurisdiction. 3. This article is subject to Annex 16 application of Article 16.2,
	Article 16.3 and Article 16.4 to Brunei. Dare Russellaim. Subject to legal review in English, Spanish and French for accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 16-2. C. A reasonable opportunity to be heard and present evidence in its defense,
	except that a party may provide for the person to be heard and present evidence within a reasonable time after it imposes an interim sanction or remedy. In particular, each party shall afford that person a reasonable opportunity to present evidence or testimony in its defense, including, if applicable, to offer the analysis of a properly qualified expert,
	to cross-examine any testifying witness, and to review and rebut the evidence introduced in the enforcement proceeding for 2. Each party shall adopt or maintain written procedures pursuant to which its national competition law investigations are conducted. If these investigations are not subject the definitive deadlines,
	Each party's national competition authorities shall endeavor to conduct their investigations within a reasonable time frame.
	3.
	Each party shall adopt or maintain rules of procedure and evidence that apply to enforcement proceedings concerning alleged violations of its national competition laws and the determination of sanctions and remedies they are under.
	These rules shall include procedures for introducing evidence, including expert evidence if applicable, and shall apply equally to all parties to a proceeding.
	4.
	Each party shall provide a person that is subject to the imposition of a sanction or remedy for violation of its national competition laws with the opportunity to seek review of the sanction or remedy, Including review of alleged substantive or procedural errors, in a court or other independent tribunal established under that party's laws.
	5.
	Each party shall authorize its national competition authorities to resolve alleged violations voluntarily, by consent of the authority and the person subject to the enforcement action.
	A party may provide for such voluntary resolution to be subject to judicial or independent tribunal approval or a public comment period before becoming final.
	6.
	If a party's national competition authority issues a public notice that reveals the existence of a pending or ongoing investigation,
	that authority shall avoid implying in that notice that the person referred to in that notice has engaged in the alleged conduct or violated the party's national competition laws. 7. If a party's national competition authority alleges a violation of its national for the purposes of this article,
	enforcement proceedings means judicial or administrative proceedings following an investigation into the alleged violation of the competition laws. Subject to legal review in English, Spanish and French for accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 16-3. Competition laws,
	that authority shall be responsible for establishing the legal and factual basis for the alleged violation in an enforcement proceeding.5. 8. Each party shall provide for the protection of business confidential information,
	and other information treated as confidential under its law obtained by its national competition authorities during the investigative process. If a party's national competition authority uses or intends to use that information in an enforcement proceeding,
	The party shall, if it is permissible under its law and as appropriate, provide a procedure to allow the person under investigation timely access to information that is necessary to prepare an adequate defense to the national competition authority's allegations.
	9.
	Each party shall ensure that its national competition authorities afford a person under investigation for possible violation of the national competition laws of that party reasonable opportunity to consult with those competition authorities with respect to significant legal, factual or procedural issues that arise during the investigation.
	Article 16.3, Private Rights of Action 6. 1. For the purposes of this article, private right of action means the right of a person to seek redress, including injunctive, monetary or other remedies,
	from a court or other independent tribunal for injury to that person less business or property caused by a violation of national competition laws, either independently or following a finding of violation by a national competition authority. 2. Recognizing that a private right of action is an important supplement to the public. Enforcement of national competition laws,
	each party should adopt or maintain laws or other measures that provide an independent private right of action. 3. If a party does not adopt or maintain laws or other measures that provide an independent private right of action,
	The party shall adopt or maintain laws or other measures that provide the right that allows a person to request that the national competition authority initiate an investigation into an alleged violation of national competition laws.
	And 5.
	Nothing in paragraph 7 shall prevent a party from requiring that a person against whom such an allegation is may be responsible for establishing certain elements in defense of the allegation.
	6. This article is subject to Annex 16 application of Article 16.2, Article 16.3 and Article 16.4 to Brunei. Der Russell aim. Subject to legal review in English, Spanish and French for accuracy, clarity and consistency, Subject to authentication of English, Spanish and French versions.
	16-4.
	B to seek redress from a court or other independent tribunal following a finding of violation by the national competition authority.
	For each party shall ensure that a right provided pursuant to paragraph 2 or 3 is available to persons of another party on terms that are no less favorable than those available to its own persons.
	5, a party may establish reasonable criteria for the exercise of any rights it creates or maintains in accordance with this article.
	Article 16.4 cooperation, 1.
	The parties recognize the importance of cooperation and coordination between their respective national competition authorities to foster effective competition law enforcement in the free trade area.
	Accordingly, each party shall cooperate in the area of competition policy by exchanging information on the development of competition policy and.
	B cooperate as appropriate on issues of competition law enforcement, including through notification, consultation and the exchange of information.
	Two, a party's national competition authorities may consider entering into a cooperation arrangement or agreement with the competition authorities of another party that sets out mutually agreed terms of cooperation.
	Three, the parties agree to cooperate in a manner compatible with their respective laws, regulations and important interests and within their reasonably available resources.
	Article 16.5, technical cooperation, recognizing that the parties can benefit by sharing their diverse Experience in developing, applying and enforcing competition law and in developing and implementing competition policies,
	the parties shall consider undertaking mutually agreed technical cooperation activities, subject to available resources, including a providing advice or training on relevant issues, including through the exchange of officials. B. Exchanging information and experiences on competition advocacy including subject to legal review in English, Spanish and French for accuracy,
	clarity and consistency. Subject to authentication of English, Spanish and French versions. 16-5. Ways to promote a culture of competition,
	and C. Assisting a party as it implements a new national competition law. Article 16.6, Consumer Protection. 1. The parties recognize the importance of consumer protection policy and enforcement. To creating efficient and competitive markets and enhancing consumer welfare in the free trade area. 2. For the purposes of this article,
	fraudulent and deceptive commercial activities refers to those fraudulent and deceptive commercial practices that cause actual harm to consumers, or that pose an imminent the threat of such harm if not prevented, For example, A practice of making misrepresentations of material fact, including implied factual misrepresentations, that cause significant detriment to the economic interests of misled consumers.
	B.
	A practice of failing to deliver products or provide services to consumers after the consumers are charged or c.
	A practice of charging or debiting consumers financial, telephone or other accounts without authorization 3.
	Each party shall adopt or maintain consumer protection laws or other laws or regulations that prescribe fraudulent and deceptive commercial activities dot 7 4.
	The parties recognize that fraudulent and deceptive commercial activities increasingly transcend national borders and that cooperation and coordination between the parties is desirable to effectively address these activities 5.
	Accordingly, the parties shall promote, as appropriate, cooperation and coordination on matters of mutual interest related to fraudulent and deceptive commercial activities, including in the enforcement of their consumer protection laws 6.
	The parties shall endeavor to cooperate and coordinate on the matters set out in this article through the relevant national public bodies or officials responsible for consumer 7.
	For greater certainty, the laws or regulations a party adopts or maintains to prescribe these activities can be civil or criminal in nature.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 16-6. Protection policy, laws or enforcement,
	as determined by each party and compatible with their respective laws, regulations, and important interests and within their reasonably available resources. Article 16.7,
	Transparency. 1. The parties recognize the value of making their competition enforcement policies as transparent as possible. 2. Recognizing the value of the APEC competition law and policy database in enhancing the transparency of national competition laws,
	policies and enforcement activities, each party shall endeavor to maintain and update its information on that database. 3. On request of another party, a party shall make available to the requesting party public information concerning its competition law enforcement policies and practices, and b exemptions and immunities to its national competition laws,
	provided that the request specifies the particular good or service and market of concern and includes information explaining how the exemption or immunity may hinder trade or investment between the parties. 4. Each party shall ensure that a final decision finding a violation of its national competition laws is made in writing and sets out,
	in non-criminal matters, findings of fact and the reasoning, including legal and, if applicable, economic analysis, on which the decision is based. 5. Each party shall further ensure that a final decision referred to in paragraph 4 and any order implementing that decision are published,
	or if publication is not practicable, are otherwise made available to the public in a manner that enables interested persons and other parties to become acquainted with them. Each party shall ensure that the version of the decision or order that is made available to the public does not include confidential information that is protected from public disclosure by its law. Article 16.8,
	Consultations. In order to foster understanding between the parties, or to address specific matters that arise under this chapter, on request of another party, a party shall enter into consultations with the requesting party. In its request, the requesting party shall indicate, if relevant, how. Subject to legal review in English, Spanish and French for accuracy,
	clarity and consistency. Subject to authentication of English, Spanish and French versions. 16-7. The matter affects trade or investment between the parties. The party addressed shall accord full and sympathetic consideration to the concerns of the requesting party. Article 16.9,
	non-application of dispute settlement. No party shall have recourse to dispute settlement under chapter BBB, dispute settlement, for any matter arising under this chapter. Subject to legal review in English,
	Spanish and French for accuracy, clarity and consistency. Subject to authentication of English, Spanish and French versions. 16-8. Annex 16 or application of Article 16.2,
	Article 16.3 and Article 16.4 to Brunei der Russellaim. 1. If as of the date of entry into force of this agreement, Brunei der Russell does not. Have a national competition law which is in force and has not established a national competition authority,
	Article 16.2, Procedural Fairness in Competition Law Enforcement. Article 16.3, Private Rights of Action, and Article 16.4, Cooperation, shall not apply to Brunei der Russellaim for a period of no longer than 10 years after that date. 2. If Brunei der Russell establishes a national competition authority or authorities before the end of the 10-year period,
	Article 16.2, Procedural Fairness in Competition Law Enforcement, Article 16.3, Private Rights of Action, and Article 16.4, Cooperation,
	shall apply to Brunei der Russellaim from the date of establishment. 3. During the 10-year period, Brunei der Russell shall take such steps as may be necessary to ensure that it is in compliance with Article 16.2, Procedural Fairness in Competition Law Enforcement, Article 16.3, Private Rights of Action, and Article 16.4 Cooperation,

▲