Common use of Administration and Implementation of Tariff-Rate Quotas Clause in Contracts

Administration and Implementation of Tariff-Rate Quotas. 1. Each Party shall implement and administer the tariff-rate quotas for agricultural goods set out in Appendix I or, if applicable, Appendix II or III to its Schedule to Annex 3.3 (hereafter “TRQs”) in accordance with Article XIII of the GATT 1994, including its interpretive notes, and the Import Licensing Agreement. 2. Each Party shall ensure that: (a) its procedures for administering its TRQs are transparent, made available to the public, timely, nondiscriminatory, responsive to market conditions, minimally burdensome to trade, and reflect end user preferences; (b) any person of a Party that fulfills the Party’s legal and administrative requirements shall be eligible to apply and to be considered for an import license or quota allocation under the Party’s TRQs; (c) it does not allocate any portion of a quota to an industry association or non- governmental organization, except as otherwise provided in this Agreement; (d) solely government authorities administer its TRQs, except as otherwise provided in this Agreement; and (e) it allocates quotas under its TRQs in commercially viable shipping quantities and, to the maximum extent possible, in the amounts that importers request. 3. Each Party shall strive to administer its TRQs in a manner that allows importers to fully utilize import quotas. 4. No Party may condition application for, or utilization of, import licenses or quota allocations under its TRQs on the re-export of an agricultural good. 5. No Party may count food aid or other non-commercial shipments in determining whether an import quota under its TRQs has been filled. 6. On request of any Party, an importing Party shall consult with the requesting Party regarding the administration of its TRQs.

Administration and Implementation of Tariff-Rate Quotas. 1. Each Party shall implement and administer the tariff-rate quotas for agricultural goods set out in Appendix I or, if applicable, Appendix II or III to its Schedule to Annex 3.3 2.3 (hereafter “TRQs”) in accordance with Article XIII of the GATT 1994, including its interpretive notes, and the Import Licensing Agreement. 2. Each Party shall ensure that: (a) its procedures for administering its TRQs are transparent, made available to the public, timely, nondiscriminatory, responsive to market conditions, and minimally burdensome to trade, and reflect end user preferences; (b) subject to subparagraph (c), any person of a Party that fulfills the Party’s legal and administrative requirements shall be eligible to apply and to be considered for an import license or in-quota quantity allocation under the Party’s TRQs; (c) it does not not, under its TRQs: (i) allocate any portion of an in-quota quantity to a quota producer group; (ii) condition access to an industry association or non- governmental organization, except as otherwise provided in this Agreementin-quota quantity on purchase of domestic production; or (iii) limit access to an in-quota quantity only to processors; (d) solely government authorities administer its TRQsTRQs and government authorities do not delegate administration of its TRQs to producer groups or other non- governmental organizations, except as otherwise provided in this Agreement; and (e) it allocates quotas in-quota quantities under its TRQs in commercially viable shipping quantities and, to the maximum extent possible, in the amounts that importers request. 3. Each Party shall strive make every effort to administer its TRQs in a manner that allows importers to fully utilize import quotasthem. 4. No Party may condition application for, or utilization use of, import licenses or an in-quota allocations quantity allocation under its TRQs a TRQ on the re-export of an agricultural good. 5. No Party may count food aid or other non-commercial shipments in determining whether an import in-quota quantity under its TRQs a TRQ has been filled. 6. On request of any the exporting Party, an the importing Party shall consult with the requesting exporting Party regarding the administration of its the importing Party’s TRQs.

Administration and Implementation of Tariff-Rate Quotas. 1. Each Party shall implement and administer the tariff-rate quotas for agricultural goods set out in Appendix I or, if applicable, Appendix II or III to its Schedule to Annex 3.3 (hereafter “TRQs”) in accordance with Article XIII of the GATT 1994, including its interpretive notes, and the Import Licensing Agreement. 2. Each Party shall ensure that: (a) its procedures for administering its TRQs are transparent, made available to the public, timely, nondiscriminatory, responsive to market conditions, and minimally burdensome to trade, and reflect end user preferences; (b) subject to subparagraph (c), any person of a Party that fulfills the Party’s legal and administrative requirements shall be eligible to apply and to be considered for an import license or in-quota quantity allocation under the Party’s TRQs; (c) it does not not, under its TRQs: (i) allocate any portion of an in-quota quantity to a quota producer group; (ii) condition access to an industry association or non- governmental organization, except as otherwise provided in this Agreement;in-quota quantity on purchase of domestic production; or (iii) limit access to an in-quota quantity only to processors. (d) solely government authorities administer its TRQsTRQs and government authorities do not delegate administration of its TRQs to producer groups or other non- governmental organizations, except as otherwise provided in this AgreementAppendix I to the General Notes of the Schedule of Panama to Annex 3.3; and (e) it allocates quotas in-quota quantities under its TRQs in commercially viable shipping quantities and, to the maximum extent possible, in the amounts that importers request. 3. Each Party shall strive make every effort to administer its TRQs in a manner that allows importers to fully utilize import quotasthem. 4. No Neither Party may condition application for, or utilization use of, import licenses or an in-quota allocations quantity allocation under its TRQs a TRQ on the re-export of an agricultural good. 5. No Neither Party may count food aid or other non-commercial shipments in determining whether an import in-quota quantity under its TRQs a TRQ has been filled. 6. On request of any either Party, an importing Party the Parties shall consult with the requesting Party regarding the administration of its the importing Party’s TRQs.

Administration and Implementation of Tariff-Rate Quotas. 1. Each Party shall implement and administer the tariff-rate quotas for agricultural goods set out in Appendix I or, if applicable, Appendix II or III Annex 1 to the General Notes to its Schedule to Annex 3.3 IV (hereafter Tariff Elimination) (“TRQs”) ), in accordance with Article XIII of the GATT 1994, including its interpretive notes, and the WTO Agreement on Import Licensing AgreementProcedures. 2. Each Party shall ensure that: (a) its procedures for administering its TRQs are transparent, made available to the public, timely, nondiscriminatory, responsive to market conditions, and minimally burdensome to trade, and reflect end user preferences; (b) any person of a Party that fulfills the Party’s legal and administrative requirements shall be eligible to apply and to be considered for an import license or quota allocation under the Party’s TRQs; (c) it does not allocate any portion of a an in-quota quantity to an industry association producer groups or non- other non-governmental organizationorganizations, except as otherwise provided in this AgreementAnnex 3-C (Wheat Auction System); (d) solely government authorities administer its TRQsTRQs and, except as otherwise provided in this Agreementto that end, that the government authorities do not delegate administration of its TRQs to producer groups or other non-governmental organizations; and (e) it allocates quotas in-quota quantities under its TRQs in commercially viable shipping quantities and, to the maximum extent possible, in the amounts that importers request. 3. Each Party shall strive make every effort to administer its TRQs in a manner that allows importers to fully utilize import quotasthem. 4. No Neither Party may condition application for, or utilization use of, an import licenses license or quota allocations an allocation under its TRQs a TRQ on the re-export of an agricultural good. 5. No Neither Party may count food aid or other non-commercial shipments in determining whether an import in-quota quantity under its TRQs a TRQ has been filled. 6. On request of any either Party, an the importing Party shall consult with the requesting other Party regarding the administration of its the importing Party’s TRQs.

Administration and Implementation of Tariff-Rate Quotas. 1. Each Party shall implement and administer the tariff-rate quotas for agricultural goods set out in Appendix I or, if applicable, Appendix II or III to its Schedule to Annex 3.3 (hereafter “TRQs”) TRQs in accordance with Article XIII of the GATT 1994, including its interpretive notes, and the Agreement on Import Licensing AgreementProcedures. 2. Each Party shall ensure that: (a) its procedures for administering its TRQs are transparent, made available to the public, timely, nondiscriminatorynon-discriminatory, responsive to market conditions, minimally burdensome and are designed to minimize any burden on trade, and reflect end user preferences; (b) any subject to subparagraph (c), a person of a Party that fulfills the that Party’s 's legal and administrative requirements for TRQs shall be eligible to apply apply, and to be considered considered, for an import license or an in-quota quantity allocation under the Party’s 's TRQs; (c) it does not not, under its TRQs: o (i) allocate any a portion of an in-quota quantity to a quota producer or a producer's group, o (ii) make access to an industry association in-quota quantity conditional on purchase of domestic production, or non- governmental organization, except as otherwise provided in this Agreemento (iii) limit access to an in-quota quantity only to processors or to distributors; (d) solely government authorities its national government, sub-national governments, or state enterprises administer its TRQs, except as otherwise provided in this AgreementTRQs and that the administration is not delegated to another person; and (e) it allocates quotas in-quota quantities under its TRQs in commercially viable shipping quantities and, to the maximum extent possible, in the amounts that importers request. 3. Each Party shall strive make every effort to administer its TRQs in a manner that allows importers to fully utilize import quotasthem. 4. No A Party may not impose a condition on the application for, for or utilization of, import licenses or use of an in-quota allocations quantity allocation under its TRQs a TRQ on the re-export of an agricultural good. 5. No A Party may not count food aid or other non-commercial shipments in determining whether an import in-quota quantity under its TRQs a TRQ has been filled. 6. On At the request of any the exporting Party, an the importing Party shall consult with the requesting exporting Party regarding the administration of its TRQs.the importing Party's TRQs and licenses. Those consultations shall be deemed to satisfy the requirements of Article 21.8 (

Administration and Implementation of Tariff-Rate Quotas. 1. Each Party shall implement and administer the tariff-rate quotas for agricultural goods set out in Appendix I or, if applicable, Appendix II or III to its Schedule to Annex 3.3 2.3 (hereafter “TRQs”) in accordance with Article XIII of the GATT 1994, including its interpretive notes, and the Import Licensing Agreement. 2. Each Party shall ensure that: (a) its procedures for administering its TRQs are transparent, made available to the public, timely, nondiscriminatory, responsive to market conditions, and minimally burdensome to trade, and reflect end user preferences; (b) subject to subparagraph (c), any person of a Party that fulfills the Party’s legal and administrative requirements shall be eligible to apply and to be considered for an import license or in-quota quantity allocation under the Party’s TRQs; (c) it does not not, under its TRQs: (i) allocate any portion of an in-quota quantity to a quota producer group; (ii) condition access to an industry association or non- governmental organization, except as otherwise provided in this Agreementin-quota quantity on purchase of domestic production; or (iii) limit access to an in-quota quantity only to processors; (d) solely government authorities administer its TRQsTRQs and government authorities do not delegate administration of its TRQs to producer groups or other non-governmental organizations, except as otherwise provided in this Agreement; and (e) it allocates quotas in-quota quantities under its TRQs in commercially viable shipping quantities and, to the maximum extent possible, in the amounts that importers request. 3. Each Party shall strive make every effort to administer its TRQs in a manner that allows importers to fully utilize import quotasthem. 4. No Party may condition application for, or utilization use of, import licenses or an in-quota allocations quantity allocation under its TRQs a TRQ on the re-export of an agricultural good. 5. No Party may count food aid or other non-commercial shipments in determining whether an import in-quota quantity under its TRQs a TRQ has been filled. 6. On request of any the exporting Party, an the importing Party shall consult with the requesting exporting Party regarding the administration of its the importing Party’s TRQs.

Administration and Implementation of Tariff-Rate Quotas. 1. Each Party shall implement and administer the tariff-rate quotas for agricultural goods set out in Appendix I or, if applicable, Appendix II or III to its Schedule to Annex 3.3 (hereafter “TRQs”) in accordance with Article XIII of the GATT 1994, including its interpretive notes, and the Import Licensing Agreement. 2. Each Party shall ensure that: (a) its procedures for administering its TRQs are transparent, made available to the public, timely, nondiscriminatory, responsive to market conditions, minimally burdensome to trade, and reflect end user preferences; (b) any person of a Party that fulfills the Party’s legal and administrative requirements shall be eligible to apply and to be considered for an import license or quota allocation under the Party’s TRQs; (c) it does not allocate any portion of a quota to an industry association or non- governmental organization, except as otherwise provided in this Agreement; (d) solely government authorities administer its TRQs, except as otherwise provided in this Agreement; and (e) it allocates quotas under its TRQs in commercially viable shipping quantities and, to the maximum extent possible, in the amounts that importers request. 3. Each Party shall strive to administer its TRQs in a manner that allows importers to fully utilize import quotas. 4. No Party may condition application for, or utilization of, import licenses or quota allocations under its TRQs on the re-export of an agricultural good. 5. No Party may count food aid or other non-commercial shipments in determining whether an import quota under its TRQs has been filled. 6. On request of any Party, an importing Party shall consult with the requesting Party regarding the administration of its TRQs.

Administration and Implementation of Tariff-Rate Quotas. 1. Each Party shall implement and administer the tariff-rate quotas for agricultural goods set out in Appendix I or, if applicable, Appendix II or III to its Schedule to Annex 3.3 (hereafter “TRQs”) TRQs in accordance with Article XIII of the GATT 1994, including its interpretive notes, 1994 and the Import Licensing Agreement. 2. Each Party shall ensure that: (a) its procedures for administering its TRQs are transparent, made available to the public, timely, nondiscriminatorynon-discriminatory, responsive to market conditions, conditions and minimally burdensome to trade, and reflect end user preferences; (b) subject to subparagraph (c), any person of a Party that fulfills the that Party’s 's legal and administrative requirements shall be eligible to apply and to be considered for an import license or an in-quota quantity allocation under the Party’s 's TRQs; (c) it does not not, under its TRQs: (i) allocate any portion of an in-quota quantity to a quota producer or a producer's group, (ii) condition access to an industry association in-quota quantity on purchase of domestic production, (iii) limit access to an in-quota quantity only to processors, or (iv) allocate any portion of an in-quota quantity to a distributor or non- governmental organization, except as otherwise provided in this Agreementa distributor's group; (d) solely government authorities only national governments, sub-national governments or state enterprises administer its TRQs, and that such administration is not delegated to other persons except as otherwise provided in this Agreement; and (e) it allocates quotas in-quota quantities under its TRQs in commercially viable shipping quantities and, to the maximum extent possible, in the amounts that importers request. 3. Each Party shall strive make every effort to administer its TRQs in a manner that allows importers to fully utilize import quotasthem. 4. No Party may condition application for, for or utilization of, import licenses or use of an in-quota allocations quantity allocation under its TRQs a TRQ on the re-export of an agricultural good. 5. No Party may count food aid or other non-commercial shipments in determining whether an import in-quota quantity under its TRQs a TRQ has been filled. 6. On request of any the exporting Party, an the importing Party shall consult with the requesting exporting Party regarding the administration of its TRQsthe importing Party's TRQs and licenses. Such consultations shall be deemed to satisfy the requirements of Article 2104 (Dispute Settlement - Consultations).

Administration and Implementation of Tariff-Rate Quotas. 1. Each Party shall implement and administer the tariff-rate quotas for agricultural goods set out in Appendix I or, if applicable, Appendix II or III to its Schedule to Annex 3.3 (hereafter “TRQs”) in accordance with Article XIII of the GATT 1994, including its interpretive notes, and the Import Licensing Agreement. 2. Each Party shall ensure that: (a) its procedures for administering its TRQs are transparent, made available to the public, timely, nondiscriminatory, responsive to market conditions, minimally burdensome to trade, and reflect end user preferences; (b) any person of a Party that fulfills the Party’s legal and administrative requirements shall be eligible to apply and to be considered for an import license or quota allocation under the Party’s TRQs; (c) it does not allocate any portion of a quota to an industry association or non- governmental nongovernmental organization, except as otherwise provided in this Agreement; (d) solely government authorities administer its TRQs, except as otherwise provided in this Agreement; and (e) it allocates quotas under its TRQs in commercially viable shipping quantities and, to the maximum extent possible, in the amounts that importers request. 3. Each Party shall strive to administer its TRQs in a manner that allows importers to fully utilize import quotas. 4. No Party may condition application for, or utilization of, import licenses or quota allocations under its TRQs on the re-export of an agricultural good. 5. No Party may count food aid or other non-commercial shipments in determining whether an import quota under its TRQs has been filled. 6. On request of any Party, an importing Party shall consult with the requesting Party regarding the administration of its TRQs.