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

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

03:25:48

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

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	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French version.
	21-1.
	Chapter 21.
	Cooperation and Capacity Building.
	Article 21.1, General Provisions.
	1. The parties acknowledge the importance of cooperation and capacity building.
	Activities and shall undertake and strengthen these activities to assist in implementing this agreement and enhancing its benefits, which are intended to accelerate economic growth and development.
	2. The parties recognize that cooperation and capacity building activities may be undertaken between two or more parties on a mutually agreed basis, and shall seek the complement and build on existing agreements or arrangements between them.
	3. The parties also recognize that the involvement of the private sector is important in these activities, and that SMEs may require assistance in participating in global markets.
	Article 21.2, Areas of Cooperation and Capacity Building.
	1. The parties may undertake and strengthen cooperation and capacity building activities.
	To assist in implementing the provisions of this agreement.
	B. Enhancing each party's ability to take advantage of the economic opportunities.
	Created by this agreement, and C. Promoting and facilitating trade and investment of the parties.
	2. Cooperation and capacity building activities may include, but are not necessarily limited to, the following areas.
	A. Agricultural, industrial and services sectors.
	B. Promotion of education, culture and gender equality, and C. Disaster risk management.
	3. The parties recognize that technology and innovation provides added value to cooperation and capacity building activities, and may be incorporated into cooperation and capacity building activities under this article.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French version.
	21-2.
	4. The parties may undertake cooperation and capacity building activities through modes.
	Such as dialogue, workshops, seminars, conferences, collaborative programs and projects, technical assistance to promote and facilitate capacity building and training, the sharing of best practices on policies and procedures, and the exchange of experts, information and technology.
	Article 21.3, Contact Points for Cooperation and Capacity Building.
	1. Each party shall designate a notifier contact point on matters relating to the coordination of cooperation and capacity building activities in accordance with Article 27.5.
	Contact points.
	2. A party may make a request for cooperation and capacity building activities related to this agreement to another party or parties through the contact points.
	Article 21.4, Committee on Cooperation and Capacity Building.
	1. The parties hereby establish a Committee on Cooperation and Capacity Building.
	Committee, composed of government representatives of each party.
	2. The committee shall facilitate the exchange of information between the parties in areas including, but not limited to, experiences and lessons learned through cooperation and capacity building activities undertaken between the parties.
	b discuss and consider issues or proposals for future cooperation and capacity building activities.
	C. Initiate and undertake collaboration, as appropriate to enhance donor coordination and facilitate public-private partnerships and cooperation and capacity building activities.
	D. Invite, as appropriate international donor institutions, private sector entities, non-governmental organizations or other relevant institutions, to assist in the development and implementation of cooperation and capacity building activities.
	E. Establish ad hoc working groups, as appropriate, which may include government representatives, non-government representatives or both.
	F. Coordinate with other committees, working groups and any other subsidiary body established under this agreement as appropriate in support of the development and implementation of cooperation and capacity building activities, subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French version.
	21-3.
	G. Review the implementation or operation of this chapter, and H. Engage in other activities as the parties may decide.
	3. The committee shall meet within one year of the date of entry into force of this agreement, and thereafter as necessary.
	4. The committee shall produce an agreed record of its meetings, including decisions and next steps and, as appropriate, report of the Commission.
	Article 21.5, Resources.
	Recognizing the different levels of development of the parties, the parties shall work to provide the appropriate financial or in-kind resources for cooperation and capacity building.
	Activities conducted under this chapter, subject to the availability of resources and the comparative capabilities that different parties possess to achieve the goals of this chapter.
	Article 21.6, Non-Application of Dispute Settlement.
	No party shall have recourse to dispute settlement under Chapter 28, 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 version.
	22-1.
	Chapter 22.
	Competitiveness and Business Facilitation.
	Article 22.1, Definitions.
	For the purposes of this chapter, supply chain means a cross-border network of enterprises operating together as an integrated system to design, develop, produce, market, distribute, transport and deliver products and services to customers.
	Article 22.2, Committee on Competitiveness and Business Facilitation.
	1. The parties recognize that, in order to enhance the domestic, regional and global competitiveness of their economies, and to promote economic integration and development.
	Within the free trade area, their business environments must be responsive to market developments.
	2. Accordingly, the parties hereby establish a Committee on Competitiveness and Business Facilitation Committee, composed of government representatives of each party.
	3. The Committee shall discuss effective approaches and develop information sharing activities to support efforts to establish a competitive environment that is conducive to the establishment of businesses, facilitates trade and investment between the parties, and promotes economic integration and development within the free trade area.
	B. Explore ways to take advantage of the trade and investment opportunities that this agreement creates c.
	Provide advice and recommendations to the Commission on ways to further enhance the competitiveness of the parties economies, including recommendations aimed at enhancing the participation of SMEs in regional supply chains d.
	Explore ways to promote the development and strengthening of supply chains within the free trade area in accordance with Article 22.3 supply chains, and.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency, subject to authentication of English, Spanish and French version 22-2 e.
	Engage in other activities, as the parties may decide 4.
	The Committee shall meet within one year of the date of entry into force of this agreement and thereafter as necessary 5.
	In carrying out its functions, the committee may work with other committees, working groups and any other subsidiary body established under this agreement.
	The committee may also seek advice from and consider the work of appropriate experts, such as international donor institutions, enterprises and non-governmental organizations.
	Article 22.3 supply chains, 1.
	The committee shall explore ways in which this agreement may be implemented so as to promote the development and strengthening of supply chains in order to integrate production, facilitate trade and reduce the costs of doing business within the free trade area 2.
	The committee shall develop recommendations and promote seminars, workshops or other capacity building activities with appropriate experts, including private sector and international donor organizations, to assist participation by SMEs and supply chains in the free trade.
	Area 3, the committee shall, as appropriate, work with other committees, working groups and any other subsidiary body established under this agreement, including through joint meetings, to identify and discuss measures affecting the development and strengthening of supply chains.
	The committee shall ensure that it does not duplicate the activities activities of these other bodies.
	4.
	The committee shall identify and explore best practices and experiences relevant to the development and strengthening of supply chains between the parties.
	5.
	The committee shall commence a review of the extent to which this agreement has facilitated the development, strengthening and operation of supply chains in the free trade area.
	During the fourth year after the date of entry into force of this agreement.
	Unless the parties agree otherwise the committee shall conduct further reviews every five years thereafter.
	6.
	In conducting its review, the committee shall consider the views of interested persons that a party has received pursuant to Article 22.4, engagement with interested persons, and provided to the committee.
	7.
	No later than two years after the commencement of the review under paragraph 5, the committee shall submit a report to the Commission containing the Committee's findings and recommendations on ways in which the parties can promote and strengthen the development of supply chains in the free trade area.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French version.
	22-3.
	8.
	Following the Commission's consideration of the report, the Committee shall make the report publicly available, unless the parties agree otherwise.
	Article 22.4, Engagement with Interested Persons.
	The Committee shall establish mechanisms appropriate to provide continuing opportunities for interested persons of the parties to provide input on matters relevant to enhancing competitiveness and business facilitation.
	Article 22.5, Non-Application of Dispute Settlement.
	No party shall have recourse to dispute settlement under Chapter 28, 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 version.
	23-1.
	Chapter 23.
	Development.
	Article 23.1, General Provisions.
	1. The parties affirm their commitment to promote and strengthen an open trade and investment environment that seeks to improve welfare, reduce poverty, raise living standards and create new employment opportunities in support of development.
	2. The parties acknowledge the importance of development in promoting inclusive economic growth, as well as the instrumental role that trade and investment can play in contributing to economic development and prosperity.
	Inclusive economic growth includes a more broad-based distribution of the benefits of economic growth through the expansion of business and industry, the creation of jobs, and the alleviation of poverty.
	3. The parties acknowledge that economic growth and development contribute to achieving the objectives of this agreement of promoting regional economic integration.
	4. The parties also acknowledge that effective domestic coordination of trade, investment, and development policies can contribute to sustainable economic growth.
	5. The parties recognize the potential for joint development activities between the parties to reinforce efforts to achieve sustainable development goals.
	6. The parties also recognize that activities carried out under Chapter 21, cooperation and capacity building, are an important component of joint development activities.
	Article 23.2, Promotion of Development.
	1. The parties acknowledge the importance of each party's leadership in implementing development policies, including policies that are designed for its nationals to maximize the use of the opportunities created by this agreement.
	2. The parties acknowledge that this agreement has been designed in a manner that takes into account the different levels of economic development of the parties, including through provisions that support and enable the achievement of national development goals.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French version.
	23-2.
	3. The parties further recognize that transparency, good governance and accountability contribute to the effectiveness of development policies.
	Article 23.3, Broad-Based Economic Growth.
	1. The parties acknowledge that broad-based economic growth reduces poverty, enables sustainable delivery of basic services, and expands opportunities for people to live healthy and productive lives.
	2. The parties recognize that broad-based economic growth promotes peace, stability, democratic institutions, attractive investment opportunities, and effectiveness in addressing regional and global challenges.
	3. The parties also recognize that generating and sustaining broad-based economic growth requires sustained high-level commitment by their governments to effectively and efficiently administer public institutions, invest in public infrastructure, welfare, health and education systems, and foster entrepreneurship and access to economic opportunity.
	4. The parties may enhance broad-based economic growth through policies that take advantage of trade and investment opportunities created by this agreement in order to contribute to, among other things, sustainable development and the reduction of poverty.
	These policies may include those related to the promotion of market-based approaches aimed at improving trading conditions and access to finance for vulnerable areas or populations, and SMEs.
	Article 23.4, Women and Economic Growth.
	1. The parties recognize that enhancing opportunities in their territories for women, including workers and business owners, to participate in the domestic and global economy contributes to economic development.
	The parties further recognize the benefit of sharing their diverse experiences in designing, implementing and strengthening programs to encourage this participation.
	2. Accordingly, the parties shall consider undertaking cooperative activities aimed at enhancing the ability of women, including workers and business owners, to fully access and benefit from the opportunities created by this agreement.
	These activities may include providing advice or training, such as through the exchange of officials, and exchanging information and experience on programs aimed at helping women build their skills and capacity and enhance their access to markets, technology and financing.
	B. Developing women's leadership networks, and.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French version 23-3.
	C. Identifying best practices related to workplace flexibility.
	Article 23.5, Education, Science and Technology, Research and Innovation, 1.
	The parties recognize that the promotion and development of education, science and technology, research and innovation can play an important role in accelerating growth, enhancing competitiveness, creating jobs and expanding trade and investment among the parties 2.
	The parties further recognize that policies related to education, science and technology, research and innovation can help parties maximize the benefits derived from this agreement.
	Accordingly, parties may encourage the design of policies in these areas that take into consideration trade and investment opportunities arising from this agreement in order to further increase those benefits.
	Those policies may include initiatives with the private sector, including those aimed at developing relevant expertise and managerial skills and enhancing enterprises ability to transform innovations into competitive products and start-up businesses.
	Article 23.6, joint development activities one.
	The parties recognize that joint activities between the parties to promote maximization of the development benefits derived from this agreement can reinforce national development strategies including, where appropriate, through work with bilateral partners, private companies, academic institutions and non-governmental organizations.
	Two, when mutually agreed, two or more parties shall endeavor to facilitate joint activities between relevant government, private and multilateral institutions so that the benefits derived from this agreement might more effectively advance each party's development goals.
	These joint activities may include, a discussion between parties to promote, where appropriate, alignment of parties, development assistance and finance programs with national development priorities.
	B consideration of ways to expand engagement in science, technology and research To foster the application of innovative uses of science and technology, promote development and build capacity.
	C. Facilitation of public and private sector partnerships that enable private enterprises, including SMEs, to bring their expertise and resources to cooperative ventures with government agencies in support of development goals, and subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French version.
	23-4.
	D. Involvement of the private sector, including philanthropic organizations and businesses and non-governmental organizations in activities to support development.
	Article 23.7, Committee on Development.
	1. The parties hereby establish a Committee on Development Committee composed of government representatives of each party.
	2. The Committee shall facilitate the exchange of information on parties' experiences regarding the formulation and implementation of national policies intended to derive the greatest possible benefits from this agreement.
	B. Facilitate the exchange of information on parties' experiences and lessons learned through joint development activities undertaken under Article 23.6, Joint Development Activities.
	C. Discuss any proposals for future joint development activities in support of development policies related to trade and investment.
	D. Invite, as appropriate, international donor institutions, private sector entities, non-governmental organizations or other relevant institutions to assist in the development and implementation of joint development activities.
	E. Carry out other functions as the parties may decide in respect of maximizing the development benefits derived from this agreement, and F. Consider issues associated with the implementation and operation of this chapter, with the view towards considering ways the chapter may enhance the development benefits of this agreement.
	3. The committee shall meet within one year of the date of entry into force of this agreement, and thereafter as necessary.
	4. In carrying out its functions, the committee may work with other committees, working groups, and any other subsidiary body established under this agreement.
	Article 23.
	8.
	Relation to other chapters.
	In the event of any inconsistency between this chapter and another chapter of this agreement, the other chapter shall prevail to the extent of the inconsistency.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French version.
	23-5.
	Article 23.9, Non-Application of Dispute Settlement.
	No party shall have recourse to dispute settlement under Chapter 28, 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 version.
	24-1.
	Chapter 24.
	Small and Medium-Sized Enterprises.
	Article 24.1, Information Sharing.
	1. Each party shall establish or maintain its own publicly accessible website containing information regarding this agreement, including A. The text of this agreement, including all annexes, tariff schedules and product specific rules of origin.
	b. A summary of this agreement, and C. Information designed for SMEs that contains I. A description of the provisions in this agreement that the party considers to be relevant to SMEs, and 2. Any additional information that the party considers useful for SMEs interested in benefiting from the opportunities provided by this agreement.
	2. Each party shall include in its website links to the equivalent websites of the other parties, and b the websites of its government agencies and other appropriate entities that provide information the party considers useful to any person interested in trading, investing, or doing business in that party's territory.
	3. Subject to each party's laws and regulations, the information described in paragraph 2, B, may include A. Customs regulations and procedures.
	B. Regulations and procedures concerning intellectual property rights.
	C. Technical regulations, standards, and sanitary and byto-sanitary measures relating to importation and exportation, subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French version.
	24-2.
	D. Foreign Investment Regulations.
	E. Business Registration Procedures.
	F. Employment Regulations, and G. Taxation Information.
	When possible, each party shall endeavor to make the information available in English.
	4. Each party shall regularly review the information and links on the website referred to in paragraphs 1 and 2 to ensure that such information and links are up-to-date and accurate.
	Article 24.2, Committee on SMEs.
	1. The parties hereby establish a Committee on SMEs, Committee, composed of government representatives of each party.
	2. The Committee shall identify ways to assist SMEs of the parties to take advantage of the commercial opportunities under this agreement.
	b exchange and discuss each party's experiences and best practices in supporting and assisting SME exporters with respect to, among other things, training programs, trade education, trade finance, identifying commercial partners in other parties, and establishing good business credentials.
	C. Develop and promote seminars, workshops or other activities to inform SMEs of the benefits available to them under this agreement.
	D. Explore opportunities for capacity building to assist the parties in developing and enhancing SME export counseling, assistance and training programs.
	E. Recommend additional information that a party may include on the website.
	Referred to in Article 24.1, Information Sharing.
	F. Review and coordinate the Committee's work program with those of other committees, working groups and any subsidiary body established under this agreement, as well as those of other relevant international bodies, in order not to duplicate those work programs and to identify appropriate opportunities for cooperation to improve the ability of SMEs to engage in trade and investment.
	Opportunities provided by this agreement.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French version.
	24-3.
	G. Facilitate the development of programs to assist SMEs to participate and integrate effectively into the global supply chain.
	H. Exchange information to assist in monitoring the implementation of this agreement as it relates to SMEs.
	I. Submit a report of its activities on a regular basis and make appropriate recommendations to the Commission, and J. Consider any other matter pertaining to SMEs as the Committee may decide, including any issues raised by SMEs regarding their ability to benefit from this agreement.
	3. The Committee shall meet within one year of the date of entry into force of this agreement, and thereafter as necessary.
	4. The Committee may seek to collaborate with appropriate experts and international donor organizations in carrying out its programs and activities.
	Article 24.3, Non-Application of Dispute Settlement.
	No party shall have recourse to dispute settlement under Chapter 28, 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 version.
	25-1.
	Chapter 25.
	Regulatory Coherence.
	Article 25.1, Definitions.
	For the purposes of this chapter, covered regulatory measure means the regulatory measure determined by each party to be.
	Subject to this chapter in accordance with Article 25.3, Scope of Covered Regulatory Measures, and Regulatory Measure Means a measure of general application related to any matter covered by this agreement adopted by regulatory agencies with which compliance is mandatory.
	Article 25.2, General Provisions.
	1. For the purposes of this chapter, regulatory coherence refers to the use of good regulatory practices in the process of planning, designing, issuing, implementing and reviewing regulatory measures in order to facilitate achievement of domestic policy objectives, and in efforts across governments to enhance regulatory cooperation in order to further those objectives and promote international trade and investment,
	economic growth, and employment.
	2. The parties affirm the importance of sustaining and enhancing the benefits of this agreement through regulatory coherence in terms of facilitating increased trade in goods and services and increased investment between the parties.
	B. Each party's sovereign right to identify its regulatory priorities and establish and implement regulatory measures to address these priorities at the levels that the party considers appropriate.
	C.
	The role that regulation plays in achieving public policy objectives.
	D. Taking into account input from interested persons in the development of regulatory measures and.
	E. Developing regulatory cooperation and capacity building between the parties.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French version.
	25-2.
	Article 25.3, Scope of covered regulatory measures.
	Each party shall promptly, and no later than one year after the date of entry into force, of this agreement for that party, determine and make publicly available the scope of its covered regulatory measures.
	In determining the scope of covered regulatory measures, each party should aim to achieve significant coverage.
	Article 25.4, Coordination and Review Processes or Mechanisms.
	1. The parties recognize that regulatory coherence can be facilitated through domestic mechanisms that increase interagency consultation and coordination associated with processes for developing regulatory measures.
	Accordingly, each party shall endeavor to ensure that it has processes or mechanisms to facilitate the effective interagency coordination and review of proposed covered regulatory measures.
	Each party should consider establishing and maintaining a national or central coordinating body for this purpose.
	2. The parties recognize that while the processes or mechanisms referred to in paragraph 1 may vary between parties depending on their respective circumstances including differences in levels of development and political and institutional structures,
	they should generally have as overarching characteristics the ability to review proposed covered regulatory measures to determine the extent to which the development of such measures adheres to good regulatory practices, which may include but are not limited to those set out in Article 25.5.
	Implementation of cordwood regulatory practices and make recommendations based on that review.
	B. Strengthen consultation and coordination among domestic agencies so as to identify potential overlap and duplication and to prevent the creation of inconsistent requirements across agencies.
	C. Make recommendations for systemic regulatory improvements and D. Publicly report on regulatory measures reviewed, any proposals for systemic regulatory improvements, and any updates on changes to the processes and mechanisms referred to in paragraph 1.
	Each party should generally produce documents that include descriptions of those processes or mechanisms and that can be made available to the public.
	Article 25.5 Implementation of Cordwood Regulatory Practices 1. To assist in designing a measure to best achieve the party's objective, each party should generally encourage relevant regulatory agencies, consistent with its laws and regulations, to conduct regulatory impact assessments when developing proposed covered subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French version.
	25-3.
	Regulatory measures that exceed a threshold of economic impact or other regulatory impact where appropriate as established by the party.
	Regulatory impact assessments may encompass a range of procedures to determine possible impacts.
	2. Recognizing that differences in the party's institutional, social, cultural, legal, and developmental circumstances may result in specific regulatory approaches.
	Regulatory impact.
	Assessments conducted by a party should, among other things, assess the need for a regulatory proposal, including a description of the nature and significance of the problem.
	B. Examine feasible alternatives, including, to the extent feasible and consistent with laws and regulations, their costs and benefits, such as risks involved as, well, distributive impacts, recognizing that some costs and benefits are difficult to quantify and monetize.
	C. Explain the grounds for concluding that the selected alternative achieves the policy objectives in an efficient manner, including, if appropriate, reference to the costs and benefits and the potential for managing risks, and D. Rely on the best reasonably obtainable existing information including relevant scientific, technical, economic, or other information within the boundaries of the authorities,
	mandates and resources of the particular regulatory agency.
	3. When conducting regulatory impact assessments, a party may take into consideration the potential impact of the proposed regulation on SMEs.
	4. Each party should ensure that new covered regulatory measures are plainly written and are clear, concise, well-organized and easy to understand, recognizing that some measures address technical issues and that relevant expertise may be needed to understand and apply them.
	5. Subject to its laws and regulations, each party should ensure that relevant regulatory agencies provide public access to information on new covered regulatory measures and, where practicable, make this information available online.
	6. Each party should review, at intervals it deems appropriate, its covered regulatory measures to determine whether specific regulatory measures it has implemented should be modified, streamlined,
	expanded or appealed so as to make the party S regulatory regime more effective in achieving the party S policy objectives 7. Each party should, in a manner it deems appropriate and consistent with its laws and regulations, provide annual public notice of any covered regulatory measure that it reasonably expects its regulatory agencies to issue within the following 12-month period.
	8. To the extent appropriate and consistent with its law, each party should encourage its relevant regulatory agencies to consider regulatory measures in other parties, as well as subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French version.
	25-4.
	Relevant developments in international, regional and other fora when planning covered.
	Regulatory measures.
	Article 25.6, Committee on Regulatory Coherence.
	1. The parties hereby establish a Committee on Regulatory Coherence Committee, composed of government representatives of the parties.
	2. The Committee shall consider issues associated with the implementation and operation of this chapter.
	The Committee shall also consider identifying future priorities, including potential sectoral initiatives and cooperative activities, involving issues covered by this chapter and issues related to regulatory coherence covered by other chapters of this agreement.
	3. In identifying future priorities, the committee shall take into account the activities of other committees, working groups and any other subsidiary body established under this agreement and shall coordinate with them in order to avoid duplication of activities.
	4. The committee shall ensure that its work on regulatory cooperation offers value in addition to initiatives underway in other relevant fora and avoids undermining or duplicating such efforts.
	5. Each party shall designate a notifier contact point to provide information on request by another party regarding the implementation of this chapter in accordance with Article 27.5 contact points.
	6. The committee shall meet within one year of the date of entry into force of this agreement and thereafter as necessary.
	7. At least once every five years after the date of entry into force of this agreement, the committee shall consider developments in the area of good regulatory practices and in best practices in maintaining processes or mechanisms referred to in Article 25.4.1,
	coordination and review processes or mechanisms, as well as the parties experiences in implementing this chapter with a view towards considering whether to make recommendations to the Commission for improving the provisions of this chapter so as to further enhance the benefits of this agreement.
	Article 25.7, Cooperation.
	1. The parties shall cooperate in order to facilitate the implementation of this chapter and to maximize the benefits arising from it.
	Cooperation activities shall take into consideration each party's needs and may include a information exchanges, dialogues or meetings with other parties.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French version.
	25-5.
	b information exchanges, dialogues or meetings with interested persons, including with SMEs of other parties.
	C. Training programs, seminars and other relevant assistance.
	D. Strengthening cooperation and other relevant activities between regulatory agencies, and E. Other activities that parties may agree.
	2. The parties further recognize that cooperation between parties on regulatory matters can be enhanced through, among other things, ensuring that each party's regulatory measures are centrally available.
	Article 25.8.
	Engagement with interested persons.
	The committee shall establish appropriate mechanisms to provide continuing opportunities for interested persons of the parties to provide input on matters relevant to enhancing regulatory coherence.
	Article 25.9, Notification of Implementation.
	1. For the purposes of transparency, and to serve as a basis for cooperation and capacity.
	Building activities under this chapter, each party shall submit a notification of implementation to the committee through the contact points designated pursuant to Article 27.5, contact points, within two years of the date of entry into force of this agreement for that party and at least once every four years thereafter.
	2. In its initial notification, each party shall describe the steps that it has taken since the date of entry into force of this agreement for that party, and the steps that it plans to take to implement this chapter, including those to establish processes or mechanisms to facilitate effective interagency coordination and review of proposed covered regulatory measures in accordance with Article 25.4,
	coordination and review processes or mechanisms.
	B. Encourage relevant regulatory agencies to conduct regulatory impact assessments in accordance with Article 25.5.1, Implementation of Core Good Regulatory Practices, and Article 25.5.2.
	C. Ensure that covered regulatory measures are written and made available in accordance with Article 25.5.4, Implementation of CoreGood Regulatory Practices, and Article 25.5.5, subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French version.
	25-6.
	D. Review its covered regulatory measures in accordance with Article 25.6. Implementation of CoreGood Regulatory Practices, and E. Provide information to the public in its annual notice of prospective covered regulatory measures in accordance with Article 25.7, Implementation of Core Regulatory Practices.
	3. In subsequent notifications, each party shall describe the steps, including those set out in paragraph 2, that it has taken since the previous notification, and those that it plans to take to implement this chapter, and to improve its adherence to it.
	4. In its consideration of issues associated with the implementation and operation of this chapter, the committee may review notifications made by a party pursuant to paragraph 1.
	During that review, parties may ask questions or discuss specific aspects of that party's notification.
	The committee may use its review and discussion of a notification as a basis for identifying opportunities for assistance and cooperative activities to provide assistance in accordance with Article 25.7, Cooperation.
	Article 25.10, Relation to other chapters.
	In the event of any inconsistency between this chapter and another chapter of this agreement, the other chapter shall prevail to the extent of the inconsistency.
	Article 25.11, non-application of dispute settlement.
	No party shall have recourse to dispute settlement under chapter 28, 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.
	26-0.
	Chapter 26.
	Transparency and Anti-Corruption.
	Section A, Definitions.
	Article 26.1, Definitions.
	For the purposes of this chapter, act or refrain from acting in relation to the performance of official duties includes any use of the public official's position, whether or not within the official s authorized competence,
	Administrative ruling of general application means an administrative ruling or interpretation that applies to all persons and fact situations that fall generally within the ambit of that administrative ruling or interpretation and that establishes a norm of conduct, but does not include, a.
	A determination or ruling made in an administrative or quasi-judicial proceeding that applies to a particular person, good or service of another party in a specific case, or b.
	A ruling that adjudicates with respect to a particular act or practice.
	Foreign public official means any person holding a legislative executive, administrative or judicial office of a foreign country at any level of government, whether appointed or elected, whether permanent or temporary, whether paid or unpaid, irrespective of that person's seniority.
	And any person exercising a public function for a foreign country at any level of government, including for a public agency or public enterprise.
	Official of a public international organization means an international civil servant or any person who is authorized by a public international organization to act on its behalf.
	And public official means, a.
	Any person holding a legislative executive, administrative or judicial office of a party, whether appointed or elected, whether permanent or temporary, whether paid or unpaid, irrespective of that person's seniority b.
	Any other person who performs a public function for a party, including for a public agency or public enterprise or provides a public service, as defined under the party s law and as applied in the pertinent area of that party s law, or subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	26-1 c, Any other person defined as a public official under a party s law.
	1, Section B transparency, article 26.2.
	Publication, 1.
	Each party shall ensure that its laws regulations, procedures and administrative rulings of general application with respect to any matter covered by this agreement are promptly published or otherwise made available in a manner that enables interested persons and parties to become acquainted with them.
	Two, to the extent possible, each party shall publish in advance any measure referred to in paragraph 1 that it proposes to adopt and b.
	Provide interested persons and other parties with a reasonable opportunity to comment on those proposed measures 3.
	To the extent possible, when introducing or changing the laws, regulations or procedures referred to in paragraph 1, each party shall endeavor to provide a reasonable period between the date when those laws, regulations or procedures, proposed or final in accordance with its legal system, are made publicly available and the date when they enter into force.
	For, with respect to a proposed regulation to of general application of a party's central level of government, respecting any matter covered by this agreement that is likely to affect trade or investment between the parties and that is published.
	In accordance with paragraph 2 a, each party shall, a publish the proposed regulation in an official journal or on an official website, preferably online, and consolidated into a single portal.
	B endeavor to publish the proposed regulation I no less than 60 days in advance of the date on which comments are due, or one for the United States.
	The obligations in section c shall not apply to conduct outside the jurisdiction of federal criminal law and, to the extent they involve preventive measures, shall apply only to those measures covered by federal law governing federal, state and local officials to a party may, consistent with its legal system, comply with its obligations that relate to a proposed regulation in this article by publishing a policy proposal,
	discussion document, summary of the regulation or other document that contains sufficient detail to adequately inform interested persons and other parties about whether and how their trade or Investment interests may be affected.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	26-2.
	2.
	Within another period in advance of the date on which comments are due that provides sufficient time for an interested person to evaluate.
	The proposed regulation and formulate and submit comments.
	C.
	To the extent possible, include in the publication under Sir Paragraph an explanation of the purpose of and rational for the proposed regulation and D. Consider comments received during the comment period and is encouraged to explain any significant modifications made to the proposed regulation, preferably on an official website or in an online journal.
	5.
	Each party shall, with respect to a regulation of general application adopted by its central level of government respecting any matter covered by this agreement that is published in accordance.
	With paragraph 1, promptly publish the regulation on a single official website or in an official journal of national circulation, and b if appropriate, include with the publication an explanation of the purpose of and rational for the regulation.
	Article 26.3, administrative proceedings.
	With a view to administering in a consistent, impartial and reasonable manner all measures of general application with respect to any matter covered by this agreement, each party shall ensure in its administrative proceedings applying measures referred to in Article 26.2.1,
	publication, to a particular person, good or service of another party in specific cases that, whenever possible, a person of another party that is directly affected by a proceeding is provided with reasonable notice in accordance with domestic procedures,
	of when a proceeding is initiated, including a description of the nature of the proceeding, a statement of the legal authority under which the proceeding is initiated and a general description of any issue in question.
	B a person of another party that is directly affected by a proceeding is afforded a reasonable opportunity to present facts and arguments in support of that person's position prior to any final administrative action, when time, the nature of the proceeding and the public interest permit and.
	C the procedures are in accordance with its law.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions 26-3.
	Article 26.4.
	Review and appeal 3.
	1.
	Each party shall establish or maintain judicial, quasi-judicial or administrative tribunals or procedures for the purpose of the prompt review and, if warranted, correction of a final administrative action with respect to any matter covered by this agreement.
	Those tribunals shall be impartial and independent of the office or authority entrusted with administrative enforcement and shall not have any substantial interest in the outcome of the matter.
	2.
	Each party shall ensure that, with respect to the tribunals or procedures referred to in paragraph 1, the parties to a proceeding are provided with the right to a reasonable opportunity to support or defend their respective positions, and b a decision based on the evidence and submissions of record or, where required by its law, the record compiled by the relevant authority.
	3. Each party shall ensure, subject to appeal or further review as provided for in its domestic law, that the decision referred to in paragraph 2, b, shall be implemented by, and shall govern the practice of, the office or authority with respect to the administrative action at issue.
	Article 26.5, Provision of Information.
	1. If a party considers that any proposed or actual measure may materially affect the operation of this agreement or otherwise substantially affect another party's interests under this agreement, it shall, to the extent possible, inform that other party of the proposed or actual measure.
	2. On request of another party, a party shall promptly provide information and respond to questions pertaining to any proposed or actual measure that the requesting party considers may affect the operation of this agreement, whether or not the requesting party has been previously informed of that measure.
	3. A party may convey any request or provide information under this article to the other parties through their contact points.
	4. Any information provided under this article shall be without prejudice as to whether the measure in question is consistent with this agreement.
	Section C, Anti-Corruption.
	Article 26.6, Scope.
	1. The parties affirm their resolve to eliminate bribery and corruption in international trade and investment.
	Recognizing the need to build integrity within both the public and private sectors and 3. For greater certainty, review need not include merits than of a review, and may take the form of common law judicial review.
	The correction of final administrative actions may include a referral back to the body that took that action.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	26-4.
	That each sector has complementary responsibilities in this regard, the parties affirmed their adherence to the APEC conduct principles for public officials, July 2007, and encourage observance of the APEC Code of Conduct for Business, Business Integrity and Transparency Principles for the Private Sector, September 2007.
	2.
	The scope of this section is limited to measures to eliminate bribery and corruption with respect to any matter covered by this agreement.
	3. The parties recognize that the description of offenses adopted or maintained in accordance with this section, and of the applicable legal defenses or legal principles controlling the lawfulness of conduct is reserved to each party's law, and that those offenses shall be prosecuted and punished in accordance with each party's law.
	4.
	Each party shall ratify or accede to the United Nations Convention Against Corruption, done.
	At New York, October 31, 2003, UMCAC.
	Article 26.7, Measures to Combat Corruption.
	1. Each party shall adopt or maintain legislative and other measures as may be necessary to establish as criminal offenses under its law, in matters that affect international trade or investment, when committed intentionally, by any person subject to its jurisdiction, 4.
	A. The promise, offering or giving to a public official, directly or indirectly, of an undue advantage, for the official or another person or entity, in order that the official actor refrain from acting in relation to the performance of all the exercise of his or her official duties.
	B.
	The solicitation or acceptance by a public official, directly or indirectly, of an undue advantage for the official or another person or entity, in order that the official act or refrain from acting in relation to the performance of all the exercise of his or her official duties.
	C the promise, offering or giving to a foreign public official or an official of a public international organization, directly or indirectly, of an undue advantage.
	5 for the official or another person or entity, in order that the official act or refrain from acting in relation to the performance of all the exercise of his or her official duties, in order to obtain or retain business or other undue advantage in relation to the conduct of international business and for a party that is not a party to the convention on combating bribery of foreign public officials in international business transactions,
	including its annex done at Paris november 21 1997, may satisfy the obligations in subparagraphs a, b and c by establishing the criminal offenses described in those sub paragraphs in respect of in the exercise of his or her official duties rather than in relation to the performance of his or her official duties.
	Five, for greater certainty, a party may provide in its law that it is not an offence if the advantage was permitted or required by the written laws or regulations of a foreign public official s country, including case law.
	The parties confirm that they are not endorsing those written laws or regulations subject to legal review.
	In English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	26-5.
	D.
	The aiding or abetting, or conspiracy 6 in the commission of any of the offenses.
	Described in subparagraphs, A, through, C. 2.
	Each party shall make the commission of an offense described in paragraph 1 or 5 liable to sanctions that take into account the gravity of that offense.
	3.
	Each party shall adopt or maintain measures as may be necessary, consistent with its legal principles, to establish the liability of legal persons for offenses described in paragraph 1 or 5.
	In particular, each party shall ensure that legal persons held liable for offenses described in paragraph 1 or 5 are subject to effective, proportionate and dissuasive criminal or non-criminal sanctions, which include monetary sanctions.
	4.
	No party shall allow person subject to its jurisdiction to deduct from taxes expenses incurred in connection with the commission of an offense described in paragraph 1.
	5.
	In order to prevent corruption, each party shall adopt or maintain measures as may be necessary, in accordance with its laws and regulations, regarding the maintenance of books and records, financial statement disclosures, and accounting and auditing standards, to prohibit the following acts carried out for the purpose of committing any of the offenses described in paragraph 1.
	A.
	The establishment of off-the-books accounts.
	B the making of off-the-books or inadequately identified transactions.
	C the recording of non-existent expenditure.
	D the entry of liabilities with incorrect identification of their objects.
	E the use of false documents and.
	F the intentional destruction of bookkeeping documents earlier than foreseen by the law.
	7 6.
	Each party shall consider adopting or maintaining measures to protect against any unjustified treatment any person who, in good faith and on reasonable grounds, reports to the competent authorities any facts concerning offenses described in paragraph 1 or 5.
	Article 26.8 promoting integrity among public officials 6.
	Parties may satisfy the commitment regarding conspiracy through applicable concepts within their legal systems, including association elicitor 7.
	For the United States, this commitment applies only to issuers that have a class of securities registered pursuant to 15.u.s.c78 or that are otherwise required to file reports pursuant to 52.s.c.
	C 780 D. 8 For greater certainty, the parties recognize that individual cases or specific discretionary decisions related to the enforcement of anti-corruption laws are subject to each party's laws and legal procedures.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	26-6.
	1. To fight corruption in matters that affect trade and investment, each party should promote, among other things, integrity, honesty and responsibility among its public officials.
	To this end, each party shall endeavor, in accordance with the fundamental principles of its legal system, to adopt or maintain measures to provide adequate procedures for the selection and training of individuals for public positions considered especially vulnerable to corruption, and the rotation, if appropriate, of those individuals to other positions.
	B. Measures to promote transparency in the behavior of public officials in the exercise of public functions.
	C. Appropriate policies and procedures to identify and manage actual or potential conflicts of interest to public officials.
	D. Measures that require senior and other appropriate public officials to make declarations to appropriate authorities regarding, among other things, their outside activities, employment, investments, assets and substantial gifts or benefits from which a conflict of interest may result with respect to their functions as public officials, and E.
	Measures to facilitate reporting by public officials of acts of corruption to appropriate authorities, if those acts come to their notice in the performance of their functions.
	2.
	Each party shall endeavor to adopt or maintain codes or standards of conduct for the correct, honorable and proper performance of public functions, and measures providing for disciplinary or other measures, if warranted, against public officials who violate the codes or standards established.
	In accordance with this paragraph, 3. Each party, to the extent consistent with the fundamental principles of its legal system, shall consider establishing procedures through which a public official accused of an offense described in Article 26.7.1,
	measures to combat corruption, may, where appropriate, be removed, suspended or reassigned by the appropriate authority, bearing in mind respect for the principle of the presumption of innocence.
	4.
	Each party shall, in accordance with the fundamental principles of its legal system and, without prejudice to judicial independence, adopt or maintain measures to strengthen integrity, and to prevent opportunities for corruption, among members of the judiciary in matters that affect international trade or investment.
	These measures may include rules with respect to the conduct of members of the judiciary.
	Article 26.9, Application and Enforcement of Anti-Corruption Laws.
	1. In accordance with the fundamental principles of its legal system, no party shall fail to effectively enforce its laws or other measures adopted or maintained to comply with Article 26.7.1.
	Measures to combat corruption, through a sustained or occurring course of action or inaction, after.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	26-7.
	The date of entry into force of this agreement for that party, as an encouragement for trade and investment.8.
	2.
	In accordance with the fundamental principles of its legal system, each party retains the right.
	For its law enforcement, prosecutorial and judicial authorities to exercise their discretion with respect.
	To the enforcement of its anti-corruption laws.
	Each party retains the right to take benefite decisions with regard to the allocation of its resources.
	3. The parties affirm their commitments under applicable international agreements or arrangements to cooperate with each other, consistent with their respective legal and administrative systems, to enhance the effectiveness of law enforcement actions to combat the offenses described in Article 26.7.1, Measures to Combat Corruption.
	Article 26.10, Participation of Private Sector and Society.
	1. Each party shall take appropriate measures, within its means and in accordance with fundamental principles of its legal system, to promote the active participation of individuals and groups outside the public sector, such as enterprises, civil society, non-governmental organizations, and community-based organizations, in the prevention of and the fight against corruption in matters affecting international trade or investment,
	and to raise public awareness regarding the existence, causes and gravity of, and the threat posed by, corruption.
	To this end, a party may undertake public information activities and public education programs that contribute to non-tolerance of corruption.
	B. Adopt or maintain measures to encourage professional associations and other non-governmental organizations, if appropriate, in their efforts to encourage and assist enterprises, in particular SMEs, in developing internal controls, ethics and compliance.
	Programs or measures for preventing and detecting bribery and corruption in international trade and investment.
	C. Adopt or maintain measures to encourage company management to make statements in their annual reports or otherwise publicly disclose their internal controls,
	ethics and compliance programs or measures including those that contribute to preventing and detecting bribery and corruption in international trade and investment, and D. Adopt or maintain measures that respect, promote and protect the freedom to seek, receive, publish and disseminate information concerning corruption.
	2. Each party shall endeavor to encourage private enterprises, taking into account their structure and size, to develop and adopt sufficient internal auditing controls to assist in preventing and detecting acts of corruption in matters affecting international trade or investment,
	and 8. For greater certainty, the parties recognize that individual cases or specific discretionary decisions related to the enforcement of anti-corruption laws are subject to each party's laws and legal procedures.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	26-8.
	b ensure that their accounts and required financial statements are subject to appropriate auditing and certification procedures 3.
	Each party shall take appropriate measures to ensure that its relevant anti-corruption bodies are known to the public and shall provide access to those bodies, if appropriate, for the reporting, including anonymously, of any incident that may be considered to constitute an offense described in Article 26.7.1, measures to combat corruption.
	Article 26.11, relation to other agreements.
	Subject to Article 26.6.4, scope, nothing in this agreement shall affect the rights and obligations of the parties under UNCAC, the United Nations Convention Against Transnational Organized Crime,
	done at New York, November 15, 2000, the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, with its annex done at Paris, November 21, 1997, or the Inter-American Convention Against Corruption, done at Caracas, March 29, 1996.
	Article 26.12, Dispute Settlement.
	1.
	Chapter 28, Dispute Settlement, as modified by this article, shall apply to this section.
	2.
	A party may only have recourse to the procedures set out in this article in Chapter 28.
	Dispute settlement, if it considers that a measure of another party is inconsistent with an obligation under this section, or that another party has otherwise failed to carry out an obligation under this section, in a manner affecting trade or investment between parties.
	3.
	No party shall have recourse to dispute settlement under this article or chapter 28, dispute settlement, for any matter arising under Article 26.9, application and enforcement of anti-corruption laws.
	4.
	Article 28.5, Consultations, shall apply to consultations under this section, with the following modifications.
	A party other than a consulting party may make a request in writing to the consulting parties to participate in the consultations, no later than seven days after the date of circulation of the request for consultations, if it considers that its trade or investment is affected by the matter at issue.
	That party shall include in its request an explanation of how its trade or investment is affected by the matter at issue.
	Third party may participate in consultations if the consulting parties agree and b the consulting parties shall involve officials of their relevant anti-corruption authorities in the consultations.
	5.
	The consulting parties shall make every effort to find a mutually satisfactory solution to the matter, which may include appropriate cooperative activities or a work plan.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	26-9.
	Annex 26A.
	Transparency and procedural fairness for pharmaceutical products and medical devices 9.
	Paragraph 26-A.1.
	Principles.
	The parties are committed to facilitating high-quality health care and continued improvements in public health for their nationals, including patients and the public.
	In pursuing these objectives, the parties acknowledge the importance of the following principles.
	A.
	The importance of protecting and promoting public health and the important role played by pharmaceutical products and medical devices 10 in delivering high quality health care.
	b.
	The importance of research and development, including innovation associated with research and development related to pharmaceutical products and medical devices.
	C.
	The need to promote timely and affordable access to pharmaceutical products and medical devices through transparent, impartial, expeditious, and accountable procedures, without prejudice to a party's right to apply appropriate standards of quality, safety, and efficacy, and D.
	The need to recognize the value of pharmaceutical products and medical devices through the operation of competitive markets or by adopting or maintaining procedures that appropriately value the objectively demonstrated therapeutic significance of a pharmaceutical product or medical device.
	Paragraph 26-A.2, Procedural fairness.
	To the extent that a party S national health care authorities operate or maintain procedures for listing new pharmaceutical products or medical devices for reimbursement purposes, or setting the amount of such reimbursement, under national health care programs operated by the national health care authorities.
	1112 The party shall, 9 For greater certainty, the parties confirm that the purpose of this annex is to ensure transparency and procedural fairness of relevant aspects of parties applicable systems relating to pharmaceutical products and medical devices,
	without prejudice to the obligations in Chapter 26, transparency and anti-corruption, and not to modify a party's system of health care in any other respects or a party's rights to determined health expenditure priorities.
	10 For purposes of this annex, each party shall define the scope of the products subject to its statutes and regulations for pharmaceutical products and medical devices in its territory and make such information publicly available.
	11 This annex shall not apply to government procurement of pharmaceutical products and medical devices.
	Where public entity providing healthcare services engages in government procurement for pharmaceutical products or medical devices for mullery development and management with respect to such activity by the national healthcare authority shall be considered an aspect of such government procurement.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	26-10.
	A. Ensure that consideration of all formal and duly formulated proposals for such listing of pharmaceutical products or medical devices for reimbursement is completed within a specified period of time.
	13.
	b disclose procedural rules, methodologies, principles, and guidelines used to assess such proposals.
	C. Afford applicants 14, and where appropriate, the public, timely opportunities to provide comments at relevant points in the decision-making process.
	D. Provide applicants with written information sufficient to comprehend the basis for recommendations or determinations regarding the listing of new pharmaceutical products or medical devices for reimbursement by national healthcare authorities.
	E. Make available I. An independent review process or 2. An internal review process, such as by the same expert or group of experts that made the recommendation or determination, provided that sa a review process includes, at a minimum, A substantive reconsideration of the application.
	15, and that may be invoked at the request of an applicant directly affected by such recommendation or determination by a party's national healthcare authorities, not the list of pharmaceutical or medical device for reimbursement.
	16 and f, provide written information to the public regarding such recommendations or determinations, while protecting information considered to be confidential under the party s law.
	12, this annex shall not apply to procedures undertaken for the purpose of post-market subsidization of pharmaceutical products or medical devices procured by public health care entities, where the pharmaceutical products or medical devices eligible for consideration are based on the products or devices that are procured by public health care entities 13.
	In those cases in which a party s national healthcare authority is unable to complete consideration of the proposal within a specified period of time, the party shall disclose the reason for the delay to the applicant and shall provide for another specified period of time for completing consideration of the proposal 14.
	For greater certainty, each party may define the persons or entities that qualify as an applicant under its laws, regulations and procedures 15.
	For greater certainty, the review process described in the paragraph I may include a review process, as described in sub paragraph 2, other than one by the same expert or group of experts 16.
	For greater certainty, sub paragraph e does not require a party to provide more than a single review for a request regarding a specific proposal or to review, in conjunction with the request, other proposals or the assessment related to such other proposals.
	Further, a party may elect to provide the review specified in sub paragraph e either with respect to a draft final recommendation or determination or with respect to a final recommendation or determination Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	26-11.
	Paragraph 26-A.3, Dissemination of Information to Health Professionals and Consumers.
	As is permitted to be disseminated under the Party S laws, regulations, and procedures, each.
	Party shall permit a pharmaceutical product manufacturer to disseminate the health professionals and consumers through the manufacturer's internet site registered in the territory of the party, and on other internet sites registered in the territory of the party linked to that site, truthful or not.
	Misleading information regarding its pharmaceutical products that are approved for marketing in the party's territory.
	A party may require that the information includes a balance of risks and benefits and encompasses all indications for which the party S competent regulatory authorities have approved the marketing of the pharmaceutical product.
	Paragraph 26-A.4, Consultation.
	1.
	To facilitate dialogue and mutual understanding of issues relating to this annex, each party shall give sympathetic consideration to and shall afford adequate opportunity for consultation regarding a written request by another party to consult on any matter related to this annex.
	Such consultations shall take place within three months of the delivery of the request, except in exceptional circumstances or unless the consulting parties otherwise agree.17.
	2.
	Consultations shall involve officials responsible for the oversight of the national health care authority or officials from each party responsible for national health care programs and other appropriate government officials.
	Paragraph 26-A.5, Definitions.
	For purposes of this annexed national health care authority means, with respect to a party listed in the schedule to this annex, the relevant entity or entities specified therein, and with respect to any other party, an entity that is part of or has been established by a party's central level of government to operate a national health care program.
	National health care program means a health care program in which a national health care authority makes the determinations or recommendations regarding the listing of pharmaceutical products or medical devices for reimbursement, or regarding the setting the amount of such reimbursement.
	Paragraph 26-A.6 Disputes.
	The dispute settlement procedures provided for in chapter 28, dispute settlement, shall not apply to this annex.
	17 Nothing in this paragraph shall be construed as requiring a party to review or change decisions regarding specific applications.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	26-12.
	Schedule to Annex 26A.
	Further to the definition of national healthcare authorities in paragraph 26-8.5, National.
	Healthcare authorities shall mean, for Australia, the Pharmaceutical Benefits Advisory Committee, PAC, with respect to BAC's role in making determinations in relation to the listing of pharmaceutical products for reimbursement under the pharmaceutical benefits scheme.
	For Brunei der Russell, the Ministry of Health.
	For greater certainty Brunei der Russalaim does not currently operate a national healthcare program within the scope of this annex.
	For Canada, the Federal Drug Benefits Committee.
	For greater certainty, Canada does not currently operate a national healthcare program within the scope of this annex.
	For Chile, the Under Secretary of Public Health.
	For greater certainty, Chile does not.
	Currently operate a national healthcare program within the scope of this annex.
	For Japan, Central Social Insurance Medical Council with respect to its role in making recommendations in relation to the listing or setting amount of reimbursement for new pharmaceutical products.
	For Malaysia, the Ministry of Health.
	For greater certainty, Malaysia does not currently operate a national healthcare program within the scope of this annex.
	For New Zealand, the Pharmaceutical Management Agency, Pharmac, with respect to Pharmac's role in the listing of a new pharmaceutical ATM for reimbursement on the pharmaceutical schedule in relation to formal and duly formulated applications by suppliers.
	In accordance with the guidelines for funding applications to Pharmac.
	For Peru, the Vichy Ministry of Public Health.
	For greater certainty, Peru does not currently operate a national healthcare program within the scope of this annex.
	For Singapore, the Drug Advisory Committee, BAC, of the Ministry of Health with respect to the DAC's role in the listing of pharmaceutical products.
	For greater certainty, Singapore does not currently operate a national healthcare program within the scope of this annex.
	For the United States, the Centers for Medicare and Medicaid Services, CMS, with respect to CMSS role in making Medicare national coverage determinations.
	For Vietnam, the Ministry of Health.
	For greater certainty, Vietnam does not currently operate a national healthcare program within the scope of this annex.
	18 For the purposes of New Zealand, pharmaceutical means of medicine as defined in the Medicines Act 1981 as at the date of signature of this agreement on behalf of New Zealand.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	27-1.
	Chapter 27.
	Administrative and Institutional Provisions.
	Article 27.1, Establishment of the Trans-Pacific Partnership Commission.
	The parties hereby establish a Trans-Pacific Partnership Commission, Commission, which shall meet at the level of ministers or senior officials, as mutually determined by the parties.
	Each party shall be responsible for the composition of its delegation.
	Article 27.2, Functions of the Commission.
	1. The Commission shall consider any matter relating to the implementation or operation of this agreement.
	b review within three years of entry into force of this agreement and at least every five years thereafter the economic relationship and partnership among the parties c. Consider any proposal to amend or modify this agreement.
	D. Supervise the work of all committees and working groups established under this agreement.
	e. Establish the model rules of procedure for arbitral tribunals referred to in Article 28.11.2 and Article 28.12, and, where appropriate, amend such model rules of procedure for arbitral tribunals.
	F. Consider ways to further enhance trade and investment between the parties.
	G. Review the roster of panel chairs established under Article 28.10 every three years, and when appropriate, constitute a new roster, and H. Determine whether the agreement may enter into force for an original signatory notifying pursuant to paragraph 4 of Article 30.5.1, entry into force.
	2. The Commission may establish, refer matters to, or consider matters raised by, any ad hoc or standing committee or working group, subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	27-2.
	b. Merge or dissolve any subsidiary bodies established under this agreement in.
	Order to improve the functioning of this agreement.
	C. Consider and adopt, subject to completion of any necessary legal procedures.
	By each party, any modifications of 1.
	I. The schedulers contained in Annex 2D, tariff elimination, by accelerating tariff elimination.
	2. The rules of origin established in Annex 3D, specific rules of origin, or 3. The lists of entities and covered goods and services and thresholds.
	Contained in each party S annexed to Chapter 15, Government.
	Procurement.
	D. Develop arrangements for implementing this agreement.
	e. Seek to resolve differences or disputes that may arise regarding the interpretation or application of this agreement.
	F. Issue interpretations of the provisions of the agreement.
	G. Seek the advice of non-governmental persons or groups on any matter falling within the Commission's functions, and H. Take such other action as the parties may agree.
	3. Pursuant to paragraph 1, b. The Commission shall review the operation of this agreement with a view to updating and enhancing this agreement, through negotiations, as appropriate, to ensure that the disciplines contained in the agreement remain relevant to the trade and investment issues and challenges confronting the parties.
	4. In conducting a review pursuant to paragraph 3, the Commission shall take into account the work of all committees, working groups and any other subsidiary bodies established under this agreement.
	b relevant developments in international fora and c. As appropriate input from non-governmental persons or groups of the parties 1. Chile shall implement the actions of the Commission through Accuduz de Rejecusan, in accordance with Article 54, Numeral 1, 4th paragraph, of the Constitution Politica de la República de Chile.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	27-3.
	Article 27.3, Decision Making.
	1. The Commission and all subsidiary bodies established under this agreement shall take all decisions by consensus, except as otherwise provided in this agreement, or as the parties decide otherwise.
	2. Except as otherwise provided in this agreement, the Commission or subsidiary body shall be deemed to have acted by consensus if no party present at any meeting when a decision is taken objects to the proposed decision.
	2. For the purposes of subparagraph, F, of Article 27.2.2, functions of the Commission, a decision of the Commission shall be taken by agreement of all parties.
	A decision shall be deemed to be reached if a party which does not indicate agreement with the Commission considers the issue does not object in writing to the interpretation considered by the Commission within five days of that consideration.
	Article 27.4, Rules of Procedure of the Commission.
	1. The Commission shall meet within one year of entry into force of this agreement and thereafter as the parties may decide, including as necessary to fulfill its functions under Article 27.2.
	Meetings of the Commission shall be chaired successively by each party.
	2. The party chairing a session of the Commission shall provide any necessary administrative support for such session, and shall notify the parties of any decision of the Commission.
	3. Except as otherwise provided for in this agreement, the Commission and any subsidiary body established under this agreement shall carry out its work through whatever means are appropriate, which may include electronic mail, video conferencing or other means.
	4. The Commission and any subsidiary body established under this agreement may establish rules of procedures for the conduct of its work.
	Article 27.5, Contact Points.
	1. Each party shall designate an overall contact point to facilitate communications between the parties on any matter covered by this agreement as well as other contact points.
	As required by this agreement.
	2. Each party shall notify the other parties in writing of its designated contact points no.
	Later than 60 days from the date of entry into force of this agreement for that party.
	Each party shall notify its contact points to any party for which this agreement enters into force at a later date, no later than 30 days from the date on which the other party has notified its contact points.
	2. For greater certainty, any such decision on alternative decision making by parties shall itself be taken by consensus.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	27-4.
	Article 27.6, Administration of Dispute Settlement Proceedings.
	1. Each party shall.
	A. Designate an office to provide administrative assistance to the arbitral tribunals established under Chapter 28, Dispute Settlement, for proceedings in which it is a disputing party and to perform such related functions as the Commission may direct, and b notify the other parties of the location of its designated office.
	2. Each party shall be responsible for the operation and costs of its designated office.
	Article 27.7, reporting on progress related to transitional measures.
	1. At each regular meeting of the Commission, any party which has a party-specific transition period for any obligation under this agreement shall report on its plans for and progress towards implementing the obligation.
	2. In addition, any such party shall provide a written report to the Commission on its plans for and progress towards implementing each such obligation as follows, A. For any transition period of three years or less, the party shall provide a written report six months before the expiration of the transition period.
	B. For any transition period of more than three years, the party shall provide a yearly written report on the anniversary date of entry into force of this agreement for it, beginning on the third anniversary and six months before the expiration of the transition period 3.
	Any party may request additional information regarding a party's progress towards achieving implementation.
	The reporting party shall promptly reply to such requests, for no later than the date on which a transition period expires.
	A party with a specific transition period shall provide written notification to the other parties of what measure it has taken to implement the obligation for which it has a transition period 5.
	If a party fails to provide such notification, the matter shall be automatically placed on the agenda for the next regular meeting of the Commission.
	In addition, any party may request that the Commission meet promptly by whatever appropriate means to discuss the matter.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	28-1 chapter 28 dispute settlement section a dispute settlement, article 28.1 definitions.
	For the purposes of this chapter, complaining party means a party Party that requests the establishment of a panel pursuant to Article 28.7.1, Establishment of a Panel, Consulting Party means a party that requests consultations pursuant to Article 28.5.1.
	Consultations, and the party to which the request for consultations is made, disputing party means a complaining party or a responding party, panel means a panel.
	Established pursuant to Article 28.7, Establishment of a Panel, Perishable Goods means perishable agricultural and fish goods classified in HS Chapters 1. Through 24, responding party means a party that has been complained against pursuant to Article 28.7.1.
	Establishment of a panel, Rules of Procedure means the rules referred to in Article 28.12, Rules of Procedure for Panels, and Established in Accordance with Article 27.2.1, E. Functions of the Commission, and third party means a party, other than a disputing party, that delivers a written notice in accordance with Article 28.13, third party participation.
	Article 28.2, Cooperation.
	The parties shall at all times endeavor to agree on the interpretation and application of this agreement, and shall make every attempt through cooperation and consultations to arrive at a mutually satisfactory resolution of any matter that might affect its operation.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	28-2.
	Article 28.3, Scope.
	1. Except as otherwise provided in this agreement, the dispute settlement provisions of this chapter shall apply.
	A, with respect to the avoidance or settlement of all disputes between the parties.
	Regarding the interpretation or application of this agreement.
	B. Wherever a party considers that an actual or proposed measure of another party is or will be inconsistent with the obligations of this agreement or that another party has otherwise failed to carry out its obligations under this agreement or c.
	Wherever a party considers that a benefit it could reasonably have expected to accrue to it under 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 administration and trade facilitation, chapter 8 technical barriers to trade,
	chapter 10 cross-border trade in services or chapter 15 government procurement is being nullified or impaired as a result of the application of a measure, measure of another party that is not inconsistent with this agreement.
	2.
	No later than six months after the effective date when members of the WTO have the right to initiate non-violation nullification or impairment complaints under Article 64 of the TRIPS agreement, the parties shall consider whether to amend paragraph 1, C, to include Chapter 18, Intellectual Property Rights.
	3.
	An instrument entered into by two or more parties in connection with the conclusion of the agreement does not constitute an instrument related to this agreement within the meaning of Article 31, 2, B, of the Vienna Convention on the Law of Treaties done at Vienna.
	On 23 May 1969 and shall not affect the rights and obligations under this agreement of parties not subject to a particular instrument, and B, may be subject to the dispute settlement procedures under this chapter for any matter arising under that instrument if that instrument so provides.
	Article 28.4, Choice of Forum.
	1.
	Where a dispute regarding any matter arises under this agreement and under another international trade agreement to which the disputing parties are party, including the WTO agreement, the complaining party may select the forum in which to settle that dispute.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	28-3.
	2.
	Once a complaining party has requested the establishment of, or referred a matter to, a panel or other panel under an agreement referred to in paragraph 1, the forum selected shall be used to the exclusion of other fora.
	Article 28.5, consultations.
	1.
	Any party may request in writing consultations with any other party with respect to any matter described in Article 28.3, scope.
	In a request for consultations, the requesting party shall set out the reasons for the request, including identification of the actual or proposed measure 1 or other matter at issue and an indication of the legal basis for the complaint.
	The requesting party shall circulate the request to all parties through the contact points designated in accordance with Article 27.5, contact points.
	2.
	The party to which a request for consultations is made shall, unless otherwise mutually agreed, reply to the request in writing within 7 days after the date of its receipt.
	Third party shall circulate the reply to the other parties and enter into consultations in good faith.
	3.
	A party other than the party requesting consultations or the party to which the request is made that considers it has a substantial interest in the matter may participate in the consultations.
	By delivering a written notice to the other parties within seven days of the date of delivery of the request for consultation.
	The party shall include in its notice an explanation of its substantial interest in the matter.
	4.
	Unless the consulting parties agree otherwise, they shall enter into consultations within a period of no more than 15 days after the date of receipt of the request for matters concerning perishable goods or b 30 days after the date of receipt of the request for all other matters.
	5.
	Consultations may be held in person or by any technological means available to the consulting parties.
	If in person, consultations shall be held in the capital of the party to which the request for consultations was made under paragraph 1, unless the consulting parties otherwise agree.
	6.
	The consulting parties shall make every attempt to reach a mutually satisfactory resolution of the matter through consultations under this article.
	To this end, one parties shall, in the case of proposed measures, make every effort to make any request under this provision within 60 days of the publication of the proposed measure, without prejudice to the right to make such requests at any time.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	28-4.
	A. Each consulting party shall provide sufficient information to enable a full examination of how the actual or proposed measure might affect the operation and application of this agreement, and b any party participating in the consultations shall treat any confidential information exchanged in the course of consultations on the same basis as the party providing the information.
	7.
	In consultations under this article, a consulting party may request another consulting party to make available personnel of its government agencies or other regulatory bodies who have expertise in the matter subject to consultations.
	8. Consultations shall be confidential and without prejudice to the rights of any party in any further proceedings.
	Article 28.6, Good Offices, Conciliation and Mediation.
	1. Parties may at any time agree to voluntarily undertake an alternative method of dispute.
	Resolutions such as good offices, conciliation or mediation.
	2. Proceedings involving good offices, conciliation or mediation shall be confidential and without prejudice to the rights of the parties in any other proceedings.
	3.
	Parties participating in proceedings under this article may suspend or terminate such proceedings at any time.
	4. If the disputing parties agree, good offices, conciliation or mediation may continue while the dispute proceeds for resolution before a panel convened under Article 28.7, Establishment of a Panel.
	Article 28.7, Establishment of a Panel.
	1. A party that requested consultations pursuant to paragraph 1 of Article 28.5.
	Consultations, may request, by means of a written notification addressed to the responding party, the establishment of a panel if the consulting parties fail to resolve the matter within a. 60 days after the date of receipt of the request for consultations under article 28.5.1.
	b 30 days after the date of receipt of the request for consultations under article 28.5.1 in a matter regarding perishable goods or subject to legal review in english spanish and french for accuracy clarity and consistency subject to authentication of english spanish and french versions 28-5 c. Such other period as the consulting parties may agree.
	2. At the same time, the complaining party shall circulate the request to all parties through the contact points designated in accordance with Article 27.5, Contact Points.
	3. The complaining party shall include in the request to establish a panel an identification of the measure or other matter at issue and a brief summary of the legal basis of the complaint.
	Sufficient to present the problem clearly.
	4. A panel shall be established upon delivery of a request.
	5. Unless otherwise agreed by the disputing parties, the panel shall be composed in a manner consistent with the provisions of this chapter and the rules of procedure.
	6. Where our panel has been established regarding a matter and another party requests the establishment of a panel regarding the same matter, a single panel should be established to examine such complaints whenever feasible.
	8. A panel may not be established to review a proposed measure.
	Article 28.8, Terms of Reference.
	1.
	Unless the disputing parties otherwise agree, within 20 days from the date of delivery of the request for the establishment of the panel, the terms of reference shall be to, A, examine, in the light of the relevant provisions of this agreement, the matter referred to in the request for the establishment of a panel pursuant to Article 28.7.1, Establishment of a Panel, and.
	B. Make findings and determinations, and any requested recommendations, together.
	With its reasons therefore, as provided for in Article 28.16.4, Initial Report.
	2. If, in its panel request, a complaining party has claimed that a measure nullifies or impairs benefits in the sense of Article 28.3, C. Scope, the terms of reference shall so indicate.
	Article 28.9, Composition of Panels.
	1. The panel shall comprise three members.
	2. Unless they otherwise agree, the disputing parties shall apply the following procedures in.
	Selecting a panel, subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	28-6.
	A. Within 20 days of the delivery of the request for the establishment of a panel.
	Under Article 28.7.1, Establishment of a Panel, the complaining party or parties, on the one hand, and the responding party, on the other, shall appoint a panelist.
	And notify each other of those appointments.
	b.
	If the complaining party or parties fail to appoint a panelist within the period specified in Saparagraph, A, the dispute settlement proceedings shall lapse at the end of that period.
	C. If the responding party fails to appoint a panelist within the period set out in Separagraph, A, the panelist not yet appointed shall be chosen by the complaining party or parties.
	I, from the responding party's list established under Article 28 October 2011.
	Qualification of panelists and ROS term members or 2.
	Where the responding party has not established a list under Article 28 October 2011, qualification of panelists and ROS term members, from the roster of panel chairs established pursuant to article 28.10.3, qualification of panelists and roster members or 3.
	Where no roster of panel chairs has been established pursuant to article 28.10.3, qualification of panelists and roster members, by random selection from a list of three candidates nominated by the complaining party or parties within 35 days of the delivery of the request for the establishment of a panel under article 28.7.1, establishment of a panel.
	D. For appointment of the chair of the panel, I.
	The disputing parties shall endeavor to agree on the appointment of a chair of the panel.
	2.
	If the disputing parties fail to appoint a chair pursuant to Sir Paragraph D. I, by the time the second panelist has been appointed or within 35 days of the delivery of the request for the establishment of a panel under Article 28.7.1,
	Establishment of a Panel, whichever is longer, the two panelists appointed shall, by common agreement, appoint the third panelist from the roster established pursuant to Article 28.10.3 Qualification of Panelists and Roster Members.
	The third panelist shall serve as chair.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	28-7.
	3.
	If the two panelists do not agree to the third panelist under Sir Paragraph. D, 2, Within 43 days of the delivery of the request for the establishment.
	Of a panel under Article 28.7.1, Establishment of a Panel, then the two panelists shall make the appointment with the agreement of the disputing parties.
	4.
	If the two panelists fail to appoint the chair of the panel in accordance. With Sir Paragraph, D, 3, within 55 days of the delivery of the request for the establishment of the panel, the disputing parties shall select the third panelist by random selection from the roster established pursuant to Article 28.10.3, qualification of panelists and roster members,
	within 60 days of the delivery of the request for the establishment of the panel.
	IVBs, notwithstanding paragraph 9.2, D, 4, where the two panelists fail to appoint the chair of the panel in accordance with paragraph 9.2, D, 3, within 55 days of the delivery of the request for the establishment of the panel, either disputing party may elect to have the chair of the panel be appointed by an independent third party from the roster established.
	Pursuant to Article 28.10.3, qualification of panelists and roster members, provided that the following conditions are met.
	A. Any costs associated with such appointment are borne by the electing party.
	B.
	The request to the independent third party to appoint the chair of the panel shall be made jointly by the disputing parties.
	Any subsequent communication between either disputing party and the independent third party shall be copied to the other disputing party.
	Neither disputing party shall have any influence on the appointment process.
	C. Whether third party is unable or unwilling to complete the appointment as requested within 60 days of the delivery of the request for the establishment of the panel, then the chair of the panel shall be chosen within a further five days using the random selection process set out in paragraph 9.2, D, 4.
	V. If the roster has not been established pursuant to Article 28.10.3.
	Qualification of panelists and ROS term members and so paragraphs 2, D, I, 4, cannot apply.
	The complaining party or parties, on the one hand, and the responding party, on the other hand, may nominate three candidates and the third panelist shall be randomly selected from those candidates that have been nominated within 60 days of the delivery of the subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	28-8.
	Request for the establishment of a panel under Article 28.7.1.
	Establishment of a panel.
	Viz.
	Notwithstanding paragraph 9, 2, D, V, where a roster has not been established pursuant to Article 28.10.3, qualification of panelists and ROS term members, and so paragraphs 2, D, I, D, V, cannot apply, either.
	Disputing party may, following the nomination of candidates pursuant the paragraph 9.2, D, V, elect to have the chair of the panel be appointed by an independent third party from those candidates that have been nominated, providing that the following conditions have been met.
	A. Any costs associated with such appointment are borne by the electing party.
	B.
	The request to the independent third party to appoint the chair of the panel shall be made jointly by the disputing parties.
	Any subsequent communication between either disputing party and the independent third party shall be copied to the other disputing party.
	Neither disputing party shall have any influence on the appointment process.
	C. Whether third party is unable or unwilling to complete the appointment as requested within 60 days of the delivery of the request for the establishment of the panel, then the chair of the panel shall be chosen within a further five days using the random selection process set out in paragraph 9.2, D, V.
	Unless agreed otherwise by the disputing parties, the chair of the panel shall not be a national of any of the disputing parties or a third party.
	3.
	Except in the case of a dispute arising under Chapter 19, Labor, 20, Environment, or 26, Transparency and Anti-Corruption, each disputing party shall endeavor to select panelists who have expertise or experience relevant to the subject matter of the dispute.
	4.
	In addition to the requirements set out in Article 28.10.1, Qualification of Panelists and Roster Members, in any dispute arising under Chapter 20, Environment, Panelists other than those selected from the roster or appointed under paragraph 9.2, D, I, dash 3, and, V,
	shall have expertise or experience in environmental law or practice.
	5.
	In addition to the requirements set out in Article 28.10.1, Qualification of Panelists, in any dispute arising under Chapter 19, Labor, panelists other than those selected from the roster or appointed under paragraph 9.2, D, I, dash 3, and, V, shall have expertise or experience in labor law or practice.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	28-9.
	6.
	In addition to the requirements set out in Article 28.10.1, Qualification of Panelists, in.
	Any dispute arising under Section B of Chapter 26, Transparency and Anti-Corruption, panelists.
	Other than those selected from the roster or appointed under paragraph 9.2, D, I, dash 3, and, V, shall have expertise or experience in anti-corruption law or practice.
	7.
	If a panelist selected under paragraph 9.2, C, or 9.2, D, 4, is unable to serve on the panel, the disputing parties shall meet within 7 days of learning that the panelist is unavailable to select another panelist from among the remaining members of the list, in the case of paragraph 9.2, C, or the roster, in the case of paragraph 9.2, D, 4.
	8.
	If a panelist appointed under this article resigns or becomes unable to serve on the panel, either during the course of the proceeding or at such time as the panel is reconvened.
	Pursuant to Article 28.19, non-implementation compensation and suspension of benefits, or 28.20, compliance review, a replacement panelist shall be appointed within 15 days in accordance with the selection procedures prescribed in paragraph 2 for the appointment of the original panelist and the replacement shall have all the powers and duties of the original panelist.
	The work of the panel shall be suspended pending the appointment of the replacement panelist and all relevant time frames set out in this chapter and in the rules of procedure shall be extended by the amount of time that the work was suspended.
	9.
	If a disputing party believes that a panelist is in violation of the code of conduct referred to in Article 28.101D Qualification of Panelists and Rosterm Members, the disputing parties shall consult and if they agree that panelist shall be removed and a new panelist shall be selected in accordance with this article.
	Article 28.10 Qualification of Panelists and Roster Members Qualification of Panelists 1.
	All panelists shall have expertise or experience in law, international trade, other matters covered by this agreement, or the resolution of disputes arising under international trade agreements.
	B. Be chosen strictly on the basis of objectivity, reliability, and sound judgment.
	C. Be independent of, and not be affiliated with or take instructions from, any party, and D. Comply with the code of conduct contained in the rules of procedure.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	28-10.
	2.
	An individual may not serve as a panelist for a dispute in which he or she has participated pursuant to Article 28.6, Good Offices, Conciliation and Mediation.
	Roster of Panel Chairs.
	3.
	Within 120 days of entry into force of this agreement, those parties for whom the agreement has come into force pursuant to Article 30.5.1, A. Entry into force, shall establish a roster of panel chairs.
	4.
	If the parties have been unable to establish a roster within the time specified in paragraph 3. The Commission shall convene immediately to appoint individuals to the roster.
	Taking into account the nominations made pursuant to paragraph 6 and the qualifications set out in paragraph. 1. The Commission shall issue a joint decision establishing the roster within 180 days of the date of entry into force of this agreement.
	5.
	The roster shall consist of at least 15 individuals, unless the parties agree otherwise.
	6.
	Each party may nominate up to two individuals for the roster, which may include up to one national of any party.
	7.
	The parties shall appoint individuals to the roster by consensus.
	The roster may include up to one national of each party.
	8.
	Once established pursuant to paragraph 3 or if reconstituted following a review by the parties, a roster shall remain in effect for a minimum of three years, and shall remain in effect.
	Thereafter until the parties constitute a new roster, members of the roster may be reappointed.
	9.
	The parties may appoint the replacement at any time if the roster member is no longer willing or available to serve.
	10.
	Subject to paragraphs 6 and 7, acceding parties may nominate up to two individuals for the roster at any time who, thereafter, may be included on the roster by consensus of the parties.
	Party-specific indicative list.
	11.
	At any time after the date of entry into force of this agreement, a party may establish a list of individuals who are willing and able to serve as panelists.
	12.
	This list may include individuals who are nationals of that party or non-nationals.
	Each party may appoint any number of individuals to the list and appoint additional individuals or replace the list member at any time.
	13.
	A party which establishes a list in accordance with paragraph 11 of this article shall promptly make it available to the other parties.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	28-11.
	Article 28.11, Functions of Panels.
	1.
	The function of a panel is to make an objective assessment of the matter before it, including an examination of the facts of the case and the applicability of ang conformity with this agreement, and make such findings, determinations and recommendations as are called for in its terms of reference and necessary for the resolution of the dispute.
	2.
	Unless otherwise agreed by the disputing parties, the panel shall perform its functions and conduct its proceedings in a manner consistent with the provisions of this chapter and the rules of procedure.
	3.
	The panel shall consider this agreement in accordance with applicable rules of interpretation under international law as reflected in Articles 31 and 32 of the Vienna Convention.
	On the Law of Treaties, 1969.
	In addition, with respect to any obligation of any WTO agreement that has been incorporated into this agreement, the panel shall also consider relevant interpretations in reports of panels and the WTO appellate body adopted by the WTO Dispute Settlement Body.
	The findings, determinations and recommendations of the panel shall not add to diminish the rights and obligations of the parties under this agreement.
	4.
	A panel shall take its decisions by consensus, provided that where a panel is unable to reach consensus it may take its decisions by majority vote.
	Article 28.12, Rules of Procedure for Panels.
	1. The Rules of Procedure, as established under this agreement in accordance with Article 27.2.1, E, shall ensure a.
	A right to at least one hearing before the panel at which each disputing party may present views orally.
	B.
	That, subject to sub paragraph f, any hearing before the panel shall be open to the public unless the disputing parties agree otherwise.
	C an opportunity for each disputing party to provide an initial and a rebutt written submission d.
	That, subject to paragraph f, each disputing party shall make its best efforts to release to the public any written submission, written version of an oral statement and written response to a request or question from the panel as soon as possible after they are filed and, if not already released, will release all such documents by the time the final panel report is issued.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions 28-12 e.
	That the The panel shall consider requests from non-governmental entities located in the territory of any disputing party to provide written views regarding that dispute.
	That may assist the panel in evaluating the submissions and arguments of the disputing parties.
	F. The protection of confidential information.
	G. That written submissions and oral arguments shall be made in English, unless the disputing parties agree otherwise, and H. That unless otherwise agreed by the disputing parties, hearings shall be held in the capital of the responding party.
	Article 28.13, third-party participation.
	A party that is not a disputing party and that considers it has an interest in the matter.
	Before the panel shall, on delivery of a written notice to the disputing parties, be entitled to attend all hearings, to make written submissions, to present views orally to the panel, and the receive written submissions of the disputing parties.
	Such delivery shall occur no later than 10 days after the date of circulation of the request for the establishment of the panel pursuant the article 28.7.2, establishment of a panel.
	Article 28.14, role of experts.
	At the request of a disputing party or on its own initiative, the panel may seek information and technical advice from any person or body that it deems appropriate, provided that the disputing parties so agree and subject to such terms and conditions as the disputing parties may agree.
	The disputing parties shall have an opportunity to comment on any information or advice so obtained.
	Article 28.15, suspension or termination of proceedings.
	1. The panel may suspend its work at any time at the request of the complaining party or, if there is more than one complaining party, at the joint request of the complaining parties for a period not to exceed 12 consecutive months.
	The panel shall suspend its work at any time if the disputing parties so request.
	In the event of such a suspension, all relevant time frames set out in this chapter and in the rules of procedure shall be extended by the amount of time that the work was suspended.
	If the work of the panel has been suspended for more than 12 consecutive months, the authority for establishment of the panel shall lapse unless the disputing parties agree.
	Otherwise.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	28-13.
	2. The panel shall terminate its proceedings where the disputing parties jointly request it the do so.
	Article 28.16, Initial Report.
	1. The report of the panel shall be drafted without the presence of any party.
	2. The panel shall base its report on the relevant provisions of this agreement, the submissions and arguments of the disputing parties and any third parties, and on any information or advice put before it pursuant to Article 28.14, Role of Experts.
	At the joint request of the disputing parties, the panel may make recommendations for the resolution of the dispute.
	3. The panel shall present to the disputing parties an initial report within 150 days after the last panelist is appointed.
	In cases of urgency, including those related to perishable goods, the panel shall endeavor to do so within 120 days after the last panelist is appointed.
	4. The initial report shall contain a. Findings of fact.
	b. The determination of the panel as to whether i. The measure at issue is inconsistent with the obligations under this agreement.
	2. A party has otherwise failed to carry out its obligations under this agreement.
	Or 3. A disputing party S measure is causing nullification or impairment in the sense of Article 28.3, C. Scope.
	C. Any other determination requested in the terms of reference.
	D. Recommendations, if the disputing parties have jointly requested them for resolution of the dispute, and E. The reasons for the findings and determinations.
	5. In exceptional cases, if the panel considers it cannot release its initial report within 150 days, or within 120 days in cases of urgency, it shall inform the disputing parties in writing of the reasons for the delay together with an estimate of the period within which it will issue its report.
	Any delay shall not exceed a further period of 30 days unless the disputing parties subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	28-14.
	Otherwise agree.
	6. Panelists may furnish separate opinions on matters not unanimously agreed.
	7. A disputing party may submit written comments to the panel on its initial report within 15 days of the presentation of the report or within such other period as the disputing parties may agree.
	8. After considering any written comments by the disputing parties on the initial report, the panel may modify its report and make any further examination it considers appropriate.
	Article 28.17, final report.
	1. The panel shall present a final report to the disputing parties, including any separate opinions on matters not unanimously agreed, within 30 days of presentation of the initial report, unless the disputing parties otherwise agree.
	The disputing parties shall release the final report to the public within 15 days thereafter, subject to the protection of confidential information.
	2.
	No panel may, either in its initial report or its final report, disclose which panelists are associated with majority or minority opinions.
	Article 28.18, Implementation of Final Report.
	1. The parties recognize the importance of prompt compliance with determinations made by panels under Article 28.17, final report, in achieving the aim of the dispute settlement.
	Procedures of this chapter, which is to secure a positive solution to disputes.
	2. If in its final report the panel determines that a measure at issue is inconsistent with the party S obligations under this agreement.
	b. A party has otherwise failed to carry out its obligations under this agreement, or c. A party S measure is causing nullification or impairment in the sense of Article 28.3, C. Scope, the responding party shall, whenever possible, eliminate the non-conformity or the nullification or impairment.
	3.
	Unless the disputing parties decide otherwise, the responding party shall have a reasonable period of time in which to eliminate the non-conformity or nullification or impairment if it is not practicable to comply immediately.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	28-15.
	4.
	The disputing parties shall endeavor to agree on the reasonable period of time.
	Where.
	The disputing parties fail to agree on the reasonable period of time within 45 days of the presentation of the panel S report under Article 28.17.1, final report.
	Any disputing party may, within 60 days of the presentation of the panel S report under Article 28.17.1, final report, refer the matter to the panel chair to determine the reasonable period of time through arbitration.
	5.
	The panel chair shall take into consideration as a guideline that the reasonable period of time should not exceed 15 months from the presentation of the panel S final report to the disputing parties under Article 28.17.1, final report.
	However, the time may be shorter or longer, depending upon the particular circumstances.
	6.
	The panel chair shall determine the reasonable period of time within 90 days of the date of referral to the panel chair pursuant to the paragraph 4.
	7.
	The disputing parties may agree to vary the procedures set out in paragraphs 4 to 6 of this article for the determination of the reasonable period of time.
	Article 28.19, non-implementation compensation and suspension of benefits.
	1.
	The responding party shall, if so requested by the complaining party or parties, enter into negotiations with the complaining party or parties within 15 days of receipt of such request, with a view to developing mutually acceptable compensation, in circumstances where,
	a, the responding party has notified the complaining party or parties that it does not intend to eliminate the non-conformity or the nullification or impairment, or b following the expiry of the reasonable period of time established in accordance with Article 28.18, implementation of final report,
	there is disagreement between the disputing parties as to whether the responding party has eliminated the non-conformity or the nullification or impairment.
	2.
	A complaining party may suspend benefits in accordance with paragraph 2 biz if that complaining party and the responding party have been unable to agree on compensation within 30 days after the period for developing such compensation has begun or b agreed on compensation but the relevant complaining party considers that the responding party has failed to observe the terms of the agreement.
	2bis.
	A complaining party may, at any time after the conditions set out in paragraph 2 are met.
	In relation to that complaining party, provide written notice to the responding party that it.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	28-16.
	Intends to suspend the application to the responding party of benefits of equivalent effect.
	The notice shall specify the level of benefits that the party proposes to suspend.
	2.
	The complaining party may begin suspending benefits 30 days after the later of the date on which it provides notice under this paragraph or the panel issues its determination under paragraph 5, as the case may be.
	3.
	Compensation and the suspension of benefits and the payment of a monetary assessment shall be temporary measures.
	None of these measures is preferred to full implementation.
	Through elimination of the non-conformity or the nullification or impairment.
	Compensation and suspension of benefits and the payment of a monetary assessment shall only be applied until such time as the responding party has eliminated the non-conformity or the nullification or impairment or a mutually satisfactory solution is reached.
	4.
	In considering what benefits to suspend pursuant to paragraph 2, the complaining party shall apply the following principles and procedures.
	It should first seek to suspend benefits in the same subject matter as that in which the panel has determined non-conformity or nullification or impairment to exist.
	B. If it considers that it is not practicable or effective to suspend benefits in the same subject matter and that the circumstances are serious enough, it may suspend benefits in a different subject matter.
	The communication pursuant to paragraph 2 in which it announces such a decision shall indicate the reasons on which it is based and c.
	In applying the principles set out in sub paragraphs a and b, the complaining party shall take into account, I.
	The trade in the good, the supply of the service or other subject matter in which the panel has found the non-conformity or nullification or impairment and the importance of such trade to that party.
	To that goods or financial services covered under chapter 11, financial services, services other than such financial services and each section in chapter 18, intellectual property are each distinct subject matters and 2.
	For greater certainty, the phrase the level of benefits that the party proposes to suspend refers to the level of concessions under this agreement, the suspension of which a complaining party considers will have an effect equivalent To that of the non-conformity, or nullification or impairment, in the sense of Article 28.3,
	C. Scope, determined to exist by the panel in its final report issued under Article 28.17.1, final report.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	28-17.
	3.
	The broader economic elements related to the nullification or impairment and the broader economic consequences of the suspension of benefits.
	5.
	If the responding party considers that the level of benefits proposed to be suspended is manifestly excessive or the complaining party has failed to follow the principles and procedures set out in paragraph 4 or b it has eliminated the non-conformity or the nullification or impairment that the panel has determined to exist,
	it may, within 30 days after the complaining party provides notice under paragraph 2, request that the panel be reconvened to consider the matter.
	The responding party shall deliver its request in writing to the complaining party.
	The panel shall reconvene as soon as possible after delivery of the request and shall present its determination to the disputing parties within 90 days after it reconvenes to review a request under sub paragraph A or B, or within 120 days for a request under SA paragraphs A and B.
	If the panel determines that the level of benefits proposed to be suspended is manifestly excessive, it shall determine the level of benefits it considers to be of equivalent effect.
	6, unless the panel has determined that the responding party has eliminated the non-conformity or the nullification or impairment, the complaining party may suspend benefits up to the level the panel has determined under paragraph 5 or, if the panel has not determined the level, the level the complaining party has proposed to suspend under paragraph 2 bis.
	If the panel determines that the complaining party has not followed the principles and procedures set out in paragraph 4, the panel shall set out in its award the extent to which the complaining party may suspend benefits in which subject matter.
	In order to ensure full compliance with the principles and procedures set out in paragraph 4, the complaining party may suspend benefits only in a manner consistent with the panelist's award.
	7, the complaining party may not suspend benefits if, within 38 days after it provides written notice of intent to suspend benefits or if the P is reconvened under paragraph 5, Within 20 days after the panel provides its determination, the responding party provides written notice to the complaining party that it will pay a monetary assessment.
	The disputing parties shall consult, beginning no later than 10 days after the responding party, with a view to reaching agreement on the amount of the assessment.
	If the parties are unable to reach an agreement within 38 days after consultations begin and are not engaged in discussions regarding the use of a fund under paragraph 8, the amount of the assessment shall be set at a level, in US dollars, equal to 50% of the level of the benefits the panel has determined under paragraph 5 to be of equivalent effect or, if the panel has not determined the level,
	50% of the level that the complaining party has proposed to suspend under paragraph 2.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	28-18.
	8.
	If a monetary assessment is to be paid to the complaining party, then it shall be paid in U.S. currency, or in an equivalent amount of the currency of the responding party or in another currency agreed to by the disputing parties in equal, quarterly installments beginning 60 days.
	After the responding party gives notice that it intends to pay an assessment.
	Whether circumstances warrant, the disputing parties may decide that an assessment shall be paid into a fund designated by the disputing parties for appropriate initiatives to facilitate trade between the parties, including by further reducing unreasonable trade barriers or by assisting carrying out its obligations under this agreement.
	9.
	At the same time as the payment of its first quarterly installment, the responding party shall provide to the complaining party a plan of the steps it intends to take to eliminate the non-conformity or the nullification or impairment.
	10.
	A responding party may pay a monetary assessment in lieu of suspension of benefits for a maximum of 12 months from the date on which it has provided written notice under paragraph 7.
	Unless the complaining party agrees to an extension.
	11.
	A responding party seeking an extension shall make a written request no later than 30 days before the expiration of the 12-month period.
	The disputing parties shall determine the length and terms of any extension, including the amount of the assessment.
	12.
	The complaining party may suspend the application to the responding party of benefits in accordance with paragraph 6, if the responding party fails to make a payment or fails to make the payment under paragraph 13 after electing to do so.
	B.
	The responding party fails to provide the plan as required under paragraph 9 or c.
	The monetary assessment period, including any extension, has elapsed and the responding party has not yet eliminated the non-conformity or the nullification or impairment.
	13. If the responding party notified the complaining party under paragraph 7 regarding the possible use of a fund and the disputing parties have not agreed on the use of a fund within 3 months of the date of the responding party's notice,
	and this time period has not been extended by agreement of the disputing parties, the responding party may elect to make the monetary assessment payment equal to 50 per cent of the amount determined under under paragraph 5.
	If this election is made, the payment must be made within nine months of the responding party's notice under paragraph 7, in U S currency or in an equivalent amount of the currency of the responding party, or in another currency agreed to by the disputing parties.
	If the election is not made, the complaining party may suspend the application of benefits in the amount determined under paragraph 5 at the end of the election period.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions 28-19.
	14, the complaining party shall accord sympathetic consideration to the notice by the responding party regarding the possible use of the fund referred to in paragraphs 8 and 13.
	Article 28.20, compliance review 1.
	Without prejudice to the procedures in article 28.19 non-implementation compensation and suspension of benefits.
	If the responding party considers that it has eliminated the non-conformity or the nullification or impairment found by the panel, it may refer the matter to the panel by providing written notice to the complaining party or parties.
	The panel shall issue its report on the matter within 90 days after the responding party provides notice 2.
	If the panel decides that the responding party has eliminated the non-conformity or the nullification or impairment, the complaining party or parties shall promptly reinstate any benefits suspended under article 28.19.
	Non-implementation compensation and suspension of benefits.
	Section b domestic proceedings and private commercial dispute settlement.
	Article 28.21 private rights.
	No party may provide for a right of action under its domestic law against any other party on the ground that a measure of the other party is inconsistent with its its obligations under this agreement or that the other party has otherwise failed to carry out its obligations under this agreement.
	Article 28.22, Alternative Dispute Resolution.
	1.
	Each party shall, to the maximum extent possible, encourage and facilitate the use of arbitration and other means of alternative dispute resolution for the settlement of international commercial disputes between private parties in the free trade area.
	2.
	To this end, each party shall provide appropriate procedures to ensure observance of agreements to arbitrate and for the recognition and enforcement of arbitral awards in such disputes.
	3.
	A party shall be deemed to be in compliance with paragraph 2 if it is a party to and is in compliance with the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	29-1.
	Chapter 29.
	Exceptions and general provisions.
	Section A, Exceptions.
	Article 29.1, General Exceptions.
	1.
	For the purposes of 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 Administration and Trade Facilitation, Chapter 7, Sanitary and Bytozanitary Measures, Chapter 8, Technical Barriers to Trade, and Chapter 17,
	State-owned Enterprises and Designated Monopolies, Article XX of GATT 1994 and its interpretative notes are incorporated into and made part of this agreement, mutatis mutandis.
	1.
	2.
	The parties understand that the measures referred to in Article XXB of GATT 1994 include environmental measures necessary to protect human, animal or plant life or health, and that Article XXG of GATT 1994 applies to measures relating to the conservation of living and non-living exhaustible natural resources.
	3.
	For the purposes of Chapter 10, Cross-Border Trade in Services, Chapter 12. Temporary entry for business persons, Chapter 13, Telecommunications, Chapter 14. Electronic Commerce, 2.
	And Chapter 17, State-owned Enterprises and Designated Monopolies, Paragraphs, A, B, and, C, of Article 14 of GAAS are incorporated into and made part of this agreement, mutatis mutandis.
	3.
	The parties understand that the measures referred to in Article 14, B, of GAS include environmental measures necessary to protect human, animal or plant life or health.
	4.
	Nothing in this agreement shall be construed to prevent a party from taking action, including maintaining or increasing a customs duty, that is authorized by the dispute settlement body of the WTO or is taken as a result of a decision by a dispute settlement panel under a free trade agreement to which the party taking action and the party against which the action is taken a party.
	1.
	For the purposes of Chapter 17, State-owned Enterprises and Designated Monopolies, Article XX of GATT, 1994 and its interpretative notes are incorporated into and made part of this agreement, mutatis mutand dies, only with respect to measures of a party, including the implementation of measures through the activities of a state-owned enterprise or designated monopoly, affecting the purchase,
	production or sale of goods, or affecting activities the end result of which is the production of goods.
	2.
	This paragraph is without prejudice to whether a digital product should be classified as a good or service.
	3.
	For the purposes of Chapter 17, state-owned enterprises and designated monopolies, Article 14 of GAS, including its footnotes, is incorporated into and made part of this agreement, mutatis mutand dies, only with respect to measures of a party, including the implementation of measures through the activities of a state-owned enterprise or designated monopoly,
	affecting the purchase or supply of services, or affecting activities the end result of which is the supply of services.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	29-2.
	Article 29.2, Security Exceptions.
	nothing in this agreement shall be construed to require a party to furnish or allow access to any information the disclosure of which it determines to be contrary to its essential security interests, or preclude a party from applying measures that it considers necessary for the fulfillment of its obligations with respect to the maintenance or restoration of international peace or security or the protection of its own essential security
	interests.
	Article 29.3 temporary safeguard measures, 1.
	Nothing in this agreement shall be construed to prevent a party from adopting or maintaining restrictive measures with regard to payments or transfers for current account transactions in the event of serious balance of payments and external financial difficulties or threats thereof 2.
	Nothing in this agreement shall be construed to prevent a party from adopting or maintaining restrictive measures with regard to payments or transfers relating to the movements of capital in the event of serious balance of payments and external financial difficulties or threats thereof, or.
	B if, in exceptional circumstances, payments or transfers relating to capital movements cause or threaten to cause serious difficulties for macroeconomic management 3.
	Any measure adopted or maintained under paragraph 1 or 2 shall not be inconsistent with, article 9.4 national treatment.
	Article 9.5 most favored nation treatment.
	Article 10.3 national treatment.
	Article 10.4 most favored nation treatment.
	Article 11.3 national treatment and article 11.4 most favored nation treatment for.
	B be consistent with the articles of agreement of the International Monetary FUND FOR, without prejudice to the general interpretation of article 9.4 national treatment.
	Article 9.5 most favored nation treatment.
	Article 10.3 national treatment, article 10.4 most favored nation treatment, article 11.3 national treatment and article 11.4 most favored nation treatment.
	The fact that a measure adopted or maintained pursuant to paragraph 102 differentiates between investors on the basis of residency does not necessarily mean that the measure is inconsistent with article 9.4 national treatment.
	Article 9.5 most favored nation treatment, article 10.3 national treatment.
	Article 10.4 most favored nation treatment.
	Article 11.3 national treatment and article and article 11.4 most favored nation treatment.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions 29-3 c.
	Avoid unnecessary damage to the commercial, economic and financial interests of any other party.
	D not exceed those necessary to deal with the circumstances described in paragraph 1 or 2 e.
	Be temporary and be phased out progressively as the situations specified in paragraph 1 or 2 improve, and shall not exceed 18 months in duration.
	However, in exceptional circumstances, a party may extend such measure for additional periods of one year by notifying the other parties in writing within 30 days of the extension unless, after consultations, more than one half of the parties advise in writing, within 30 days of receiving the notification, that they do not agree that the extended measure is designed and applied to satisfy sub paragraphs c,
	d and h, in which case the party imposing the measure shall remove the measure or otherwise modify the measure to bring it into conformity with sub paragraphs c, d and h, taking into account the views of the other parties within to 90 days of receiving notification that more than one half of the parties do not agree f.
	Not be inconsistent with article 9.7.
	Expropriation and compensation.
	5 g in the case of restrictions on capital outflows, not interfere with investors ability to earn a market rate of return in the territory of the restricting party on any restricted assets.
	6 and H. Not be used to avoid necessary macroeconomic adjustment.
	4.
	Measures referred to in paragraphs 1 and 2 shall not apply to payments or transfers relating to foreign direct investment.7.
	5.
	A party shall endeavor to provide that any measures adopted or maintained under paragraph 1 or 2 be price-based, and if such measures are not price-based, the party shall.
	Explain the rationale for using quantitative restrictions when it notifies the other parties of the measure.
	6.
	In the case of trading goods, Article 12 of GATT 1994 and the understanding on the balance of payments provisions of the GATT 1994 are incorporated into and made part of.
	5.
	For greater certainty, measures referred to in paragraph 1 or 2 may be non-discriminatory regulatory actions by a party that are designed and applied to protect legitimate public welfare objectives as referred to in Annex 9-B, 3, B. Expropriation.
	6.
	The term restricted assets in this a paragraph refers only to assets invested in the territory of the restricting party by an investor of a party that are restricted from being transferred out of the territory of the restricting party.
	7.
	For the purposes of this article, foreign direct investment means a type of investment by an investor of a party in the territory of another party, through which the investor exercises ownership or control over, or a significant degree of influence on the management of, an enterprise or other direct investment, and tends to be undertaken in order to establish a lasting relationship.
	For example, ownership of at least 10% of the voting power of an enterprise over a period of at least 12 months generally would be considered foreign direct investment.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	29-4.
	This agreement, mutatis mutandis.
	Any measures adopted or maintained under this paragraph.
	Shall not impair the relative benefits accorded to the other parties under this agreement as compared to the treatment of a non-party.
	7.
	A party adopting or maintaining measures under paragraph 1, 2 or 6 shall notify, in writing, the other parties of the measures including any changes.
	Therein, along with the rationale for their imposition, within 30 days of their adoption.
	B. Present as soon as possible, either a time schedule or the conditions necessary for their removal.
	C. Promptly publish the measures, and D. Promptly commence consultations with the other parties in order to review the measures adopted or maintained by it.
	I. In the case of capital movements, promptly respond to any other party that requests consultations in relation to the measures adopted by it, provided that such consultations are not otherwise taking place outside of this agreement.
	2. In the case of current account restrictions, if consultations in relation to the measures adopted by it are not taking place under the framework of the WTO agreement, a party, if requested, shall promptly commence consultations with any interested party.
	Article 29.4, Taxation Measures.
	1. For the purposes of this article, designated authorities means, A, for Australia, the Secretary to the Treasury or an authorized representative of the Secretary.
	B. For Brunei der Russell, the Minister of Finance or the Minister as Authorized.
	Representative.
	C. For Canada, the Assistant Deputy Minister for Tax Policy, Department of Finance.
	D. For Chile, the Under Secretary of the Ministry of Finance, Sub-Secretario de Hacienda, subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	29-5.
	E. For Japan, the Minister for Foreign Affairs and the Minister of Finance, 8.
	F. For Malaysia, the Minister of Finance or the Minister as Authorized.
	Representative.
	G. For Mexico, the Minister of Finance and Public Credit, Secretario de Hacienda.
	Y Cretito Público.
	H. For New Zealand, the Commissioner of Inland Revenue or unauthorized.
	Representative of the Commissioner.
	I. For Peru, the General Director of International Economy, Competition and Productivity Affairs, Director General de Asantos de Economía International, Competencia y Productividad del Ministerio de Economía y Finanzas.
	J. For Singapore, the Chief Tax Policy Officer, Ministry of Finance.
	K. For the United States, the Assistant Secretary of the Treasury, Tax Policy, and L. For Vietnam, the Minister of Finance or any successor of these designated authorities as notified in writing to the other parties, Tax Convention means a convention for the avoidance of double taxation or other.
	International taxation agreement or arrangement, and taxes and taxation measures include excise duties, but do not include a customs duty as defined in Article 1.3, general definitions or B the measures listed in subparagraphs B and C of the definition.
	2.
	Except as provided in this article, nothing in this agreement shall apply to taxation measures.
	3.
	Nothing in this agreement shall affect the rights and obligations of any party under any tax convention.
	In the event of any inconsistency between this agreement and any such tax convention, the convention shall prevail to the extent of the inconsistency.
	4.
	In the case of a tax convention between two or more parties, if an issue arises as to whether any inconsistency exists between this agreement and the tax convention, the issue shall be referred to the designated authorities of the parties in question.
	The designated authorities of those parties shall have six months from the date of referral of the issue to make a determination as to the existence and extent of any inconsistency.
	If those designated authorities agree, the period may be extended up to 12 months from the date of referral of the issue.
	No procedures concerning the measure giving arise to the issue may be initiated under 8 for the purposes of consultations between the designated authorities of the relevant parties, the contact point of Japan is the Ministry of Finance.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	29-6.
	Chapter 28, Dispute Settlement or Article 9.18, Submission of a Claim to Arbitration, Until the Expiry of the Six Month Period, or any other period as may have been agreed by the designated authorities.
	A panel or tribunal established to consider a dispute related to a taxation measure shall accept as binding a determination of the designated authorities of the parties made under this paragraph.
	5.
	Notwithstanding paragraph 3.
	A. Article 2.3, National Treatment, and such other provisions of this agreement.
	As are necessary to give effect to that article shall apply to taxation measures.
	To the same extent as does Article 3 of GATT 1994, and B, Article 2.16, Export Duties, Taxes or Other Charges, shall apply to taxation measures.
	6.
	Subject to paragraph 3.
	A. Article 10.3, National Treatment, and Article 1.1.6.1, Cross-Border Trade, shall apply to taxation measures on income, on capital gains on the taxable capital of corporations, or on the value of an investment or property 9, but not.
	On the transfer of that investment or property, that relate to the purchase or consumption of particular services, except that nothing in this paragraph shall prevent a party from conditioning the receipt or continued receipt of an advantage that relates to the purchase or consumption of particular services on requirements to provide a service in its territory.
	B, Article 9.4, National Treatment, Article 9.5, Most Favored Nation.
	Treatment, Article 10.3, National Treatment, Article 10.4, Most Favored Nation.
	Treatment, Article 11.3, National Treatment, Article 11.4, Most Favored Nation.
	Treatment, Article 11.6.1, Cross-Border Trade, and Article 14.4, Non-discriminatory Treatment of Digital Products, shall apply to all taxation measures, other than those on income, on capital gains on the taxable, capital of corporations, on the value of an investment or property 10, but not on the transfer of that investment or property, or taxes on estates, inheritances,
	gifts and generation skipping transfers, and C. Article 14.4, non-discriminatory treatment of digital products shall apply to taxation measures on income on capital gains on the taxable income of corporations,
	or on the value of an investment or property, but not on the transfer of that investment or property, that relate to the purchase or consumption of particular digital products, except that nothing in this.
	Sir paragraph shall prevent a party from conditioning the receipt or continued receipt of an advantage relating to the purchase or consumption of particular digital products on requirements to provide the digital product in its territory, 9.
	This is without prejudice to the methodology used to determine the value of such investment or property under parties' respective laws.
	10.
	This is without prejudice to the methodology used to determine the value of such investment or property.
	Under parties' respective laws.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	29-7.
	But nothing in the articles referred to in sub paragraphs A, B, and, C, shall apply to.
	D. Any most favored nation obligation with respect to an advantage accorded by a party pursuant to a tax convention.
	E.
	A non-conforming provision of any existing taxation measure.
	F.
	The continuation or prompt renewal of a non-conforming provision of any existing taxation measure.
	G.
	An amendment to a non-conforming provision of any existing taxation measure.
	To the extent that the amendment does not decrease its conformity, at the time, of the amendment, with any of those articles.
	H.
	The adoption or enforcement of any new taxation measure aimed at ensuring the equitable or effective imposition or collection of taxes including any taxation measure that differentiates between persons based on their place of residence for tax purposes, provided that the taxation measure does not arbitrarily discriminate between persons, goods or services of the parties.
	11.
	I.
	A provision that conditions the receipt or continued receipt of an advantage relating to the contributions to or income of a pension trust, pension plan, superannuation fund or other arrangement to provide pension, superannuation, or similar benefits, on a requirement that the party maintain continuous jurisdiction, regulation or supervision over the trust, plan, fund or other arrangement, or J.
	Any excised duty on insurance premiums to the extent that such tax would, if levied by the other parties, be covered by sub paragraph, E, F, or, G. 7.
	Subject to paragraph 3, and without prejudice to the rights and obligations of the parties under paragraph 5, Article 9.9.2, Performance Requirements, Article 9.9.3 and Article 9.9.5 shall apply to taxation measures.
	8.
	Article 9.7, Expropriation and Compensation, shall apply to taxation measures.
	However, no investor may invoke Article 9.7, Expropriation and Compensation, as the basis.
	For a claim if it has been determined pursuant to this paragraph that the measure is not an expropriation.
	An investor that seeks to invoke Article 9.7, expropriation and compensation, with respect to a taxation measure must first refer to the designated authorities of the party of the investor and the respondent party, at the time that it gives its notice of intent under Article 9.18, submission of a claim to arbitration, the issue of whether that taxation measure is not an expropriation.
	If the designated authorities do not agree to consider the issue or, having agreed to consider it, fail to agree that the measure is not an expropriation within a period of six months of the referral, the investor may submit its claim to arbitration under Article 9.18, submission of a claim to arbitration.
	11.
	The parties understand that this a paragraph must be interpreted by reference to the footnote to Article 14, D, of GASA as if the article was not restricted to services or direct taxes.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	29-8.
	9.
	Nothing in this agreement shall prevent Singapore from adopting taxation measures.
	No more trade restrictive than necessary to address Singapore's public policy objectives.
	Arising out of its specific constraints of space.
	Article 29.5, Tobacco Control Measures 12.
	A party may elect to deny the benefits of Section B of Chapter 9, investment, with respect to claims challenging a tobacco control measure 13 of the party.
	Such a claim shall not be submitted to arbitration under section B of Chapter 9, investment, if a party has made such an election.
	If a party has not elected to deny benefits with respect to such claims by the time of the submission of such a claim to arbitration under section B of chapter 9. Investment, a party may elect to deny benefits during the proceedings.
	For greater certainty, if a party elects to deny benefits with respect to such claims, any such claim shall be dismissed.
	Article 29.6, Treaty of Witangi.
	1.
	Provided that such measures are not used as a means of arbitrary or unjustified discrimination against persons of the other parties or as a disguised restriction on trading goods, trade in services and investment, nothing in this agreement shall preclude the adoption by New Zealand of measures it deems necessary to accord more favorable treatment to Maury in respect of matters covered by this agreement,
	including in fulfillment of its obligations under the Treaty of Witangi.
	2.
	The parties agree that the interpretation of the Treaty of Witangi, including as to the nature of the rights and obligations arising under it, shall not be subject to the dispute settlement provisions of this agreement.
	Chapter 28, Dispute Settlement, shall otherwise apply to this article.
	A panel established under Article 28.7, establishment of a panel, may be requested to determine only whether any measure referred to in paragraph 1 is inconsistent with a party's rights under this agreement.
	Section B, General Provisions.
	Article 29.7, Disclosure of Information.
	12 For greater certainty, this article does not prejudice.
	I, the operation of Article 9.14, denial of benefits, or 2, a party's rights under Chapter 28, dispute settlement, in relation to a tobacco control measure.
	13 A tobacco control measure means a measure of a party related to the production or consumption of manufactured tobacco products, including products made or derived from tobacco, their distribution, labeling, packaging, advertising, marketing, promotion, sale, purchase, or use, as well as enforcement measures, such as inspection, record keeping, and reporting requirements.
	For greater certainty, a measure with respect to tobacco leaf that is not in the possession of the manufacturer of tobacco products or that is not part of a manufactured tobacco product is not a tobacco control measure.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	29-9.
	Nothing in this agreement shall be construed to require a party to furnish or allow access to information, the disclosure of which would be contrary to its law or would impede law enforcement, or otherwise be contrary to the public interest, or which would prejudice the legitimate commercial interests of particular enterprises, public or private.
	Article 29.8, Traditional Knowledge, Traditional Cultural Expressions and Genetic Resources.
	Subject to each party's international obligations, each party may establish appropriate measures to respect, preserve and promote traditional knowledge and traditional cultural expressions.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	30-1.
	Chapter 30.
	Final Provisions.
	Article 30.1, Annexes, Appendices and Footnotes.
	The Annexes, Appendices, and Footnotes to this Agreement shall constitute an integral part of this agreement.
	Article 30.2, Amendments.
	The parties may agree, in writing, to amend this agreement.
	When so agreed by all parties and approved in accordance with the applicable legal procedures of each party, an amendment shall enter into force 60 days after the date on which all parties have notified the depository in writing of the approval of the amendment in accordance with their respective applicable legal procedures, or on such other date as the parties may agree.
	Article 30.3, Amendment of the WTO Agreement.
	In the event of an amendment of the WTO agreement that amends a provision that the parties have incorporated into this agreement, the parties shall, unless this agreement provides otherwise, consult on whether to amend this agreement.
	Article 30.4, accession.
	1.
	This agreement is open to accession by any state or separate customs territory that is a member of APEC, and b such other state or separate customs territory as the parties may agree, that is prepared to comply with the obligations set out in the agreement, subject to such terms and conditions as may be agreed between the state or customs territory and the parties,
	and following approval in accordance with the applicable legal procedures of each party and acceding state or customs territory.
	2.
	A state or separate customs territory may seek to accede to this agreement by submitting a request in writing to the depository.
	3.
	A, following receipt of a request under paragraph 2 to accede, the Commission shall, provided in the case of paragraph 1, b, that the parties so agree, establish.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	30-2.
	A working group to negotiate the terms and conditions for the accession.
	Membership in the working group shall be open to all interested parties.
	b.
	After completing its work, the working group shall provide a written report to the Commission.
	If the working group has reached agreement with the accession candidate on proposed terms and conditions for accession, the report shall set out those terms and conditions, a recommendation to the Commission to approve them, and a proposed Commission decision inviting the accession candidate to become a party to the agreement.
	3.
	Bis.
	For purposes of paragraph 3, a decision of the Commission shall be deemed to be taken only where.
	I. All parties have indicated agreement to the establishment of a working group to consider the request for accession or 2.
	If a party does not indicate agreement when the Commission considers the issue, that party has not objected in writing to the establishment of a working group to consider the request for accession within 7 days of the Commission's consideration.
	b.
	A decision of the working group shall be deemed to be taken only where I. All parties that are members of the working group have indicated agreement or 2.
	If a party that is a member of the working group does not indicate agreement when the working group considers an issue, that party has not objected in writing within 7 days of the working group's consideration.
	4.
	If the Commission adopts a decision approving the terms and conditions for an accession and inviting an accession candidate to become a party, the Commission shall specify a period, which may be subject to extension by agreement of the parties, during which the accession candidate may deposit an instrument of accession indicating that it accepts those terms and conditions.
	5.
	An accession candidate shall become a party to this agreement, subject to the terms and conditions approved in the Commission's decision, on the later of A,
	60 days after the date on which the candidate deposits an instrument of accession with the depository indicating that it accepts those terms and conditions or b the date on which all parties have notified the depository that they have completed their respective applicable legal procedures subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	30-3.
	Article 30.5, Entry into force.
	1.
	This agreement shall enter into force 60 days after the date on which all original signatories have notified the depository in writing of the completion of their applicable legal procedures.
	2.
	In the event that not all original signatories have notified the depository in writing of the completion of their applicable legal procedures within a period of two years of the date of the signature of this agreement, it shall enter into force 60 days after the expiry of this period.
	If at least six of the original signatories, which together account for at least 85% of the combined gross domestic product of the original signatories in 2013, 1 have notified the depository in writing of the completion of their applicable legal procedures within this period.
	3.
	In the event that this agreement does not enter into force under paragraph 1 or 2, it shall enter into force 60 days after the date on which at least 6 of the original signatories, which together account for at least 85% of the combined gross domestic product of the original signatories in 2013, have notified the depository in writing of the completion of their applicable legal procedures.
	4.
	After the date of entry into force of this agreement under paragraph 2 or 3, an original signatory for which the agreement has not entered into force shall notify the parties of the completion of its applicable legal procedures and its intention to become a party to this agreement.
	The Commission shall determine within 30 days of the date of the notification by that original signatory whether the agreement shall enter into force with respect to the notifying original signatory.
	5.
	Unless the Commission and the notifying original signatory agree otherwise, this agreement shall enter into force for that notifying original signatory referred to in paragraph 4, 30 days after the date on which the Commission makes an affirmative determination.
	Article 30.6, Withdrawal.
	1.
	Any party may withdraw from this agreement by providing written notice of withdrawal to the depository.
	A withdrawing party shall simultaneously notify the other parties of its withdrawal through the contact points.
	2.
	A withdrawal shall take effect six months after a party provides written notice to the depository under paragraph 1, unless the parties agree on a different period.
	If a party withdraws, this agreement shall remain in force for the remaining parties.
	1.
	For the purposes of this article, gross domestic products shall be based on data of the International Monetary Fund using current prices, US dollars.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	30-4.
	Article 30.7, Depository.
	1.
	The original English, Spanish, and French texts of this agreement shall be deposited.
	With New Zealand, which is hereby designated as the depository of this agreement.
	2.
	The depository shall promptly provide certified copies of the original texts of this agreement and of any amendments to this agreement to each signatory state, acceding state, and acceding separate customs territory.
	3.
	The depository shall promptly inform each signatory and acceding state or separate customs territory, and provide them with the date and a copy of a notification under Article 30.2, 2, Amendments, Article 30.4.5, Accession, or Article 30.5, Entry into Force.
	B.
	A request to accede to this agreement under Article 30.4.2, Accession.
	C.
	The deposit of an instrument of accession under Article 30.4.4, Accession, and D.
	A notice of withdrawal provided under Article 30.6, Withdrawal.
	Article 30.8, Authentic Texts.
	The English, Spanish, and French texts of this agreement are equally authentic.

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