Administrative Guidance Clause Samples

Administrative Guidance. 1. For the purposes of this Article, the term “administrative guidance” means any guidance, recommendation or advice by a competent authority of the Government of a Party which requires a person to do or refrain from doing any act but does not create, impose limitations on or in any way affect rights and obligations of such person in order to pursue administrative objectives.

Administrative Guidance. 1. Each Party shall adopt or maintain an administrative procedure by which a customs office in its territory may request the appropriate authority of the customs administration to provide guidance as to the proper application of laws, regulations, and procedures for importation into, exportation from, or transit through its territory with respect to a specific customs transaction, regardless of whether the transaction is prospective, pending, or has been completed. A customs office shall request guidance under this administrative procedure on its own initiative or at the written request of an importer or exporter in its territory, or a representative thereof. 2. The appropriate authority of a Party shall provide guidance in response to a request under paragraph 1 if the customs treatment applied or proposed to be applied by the customs office to the transaction is inconsistent with the customs treatment provided with respect to transactions that are identical in all material respects, including by another customs office in the territory of the Party. 3. Each Party shall make available to the public on a free, publicly accessible website the procedures, including any forms, for requesting guidance under paragraph 1. 4. Each Party shall allow an importer or exporter to whom a request under paragraph 1 relates an opportunity to submit written views and information to the appropriate authority of the customs administration before it issues guidance in response to a request. 5. Guidance in response to a request under paragraph 1 shall be taken into account by the customs office with respect to the transaction that is the subject of the request, provided that there is not a ruling or determination issued on the transaction and the facts and circumstances remain the same. 6. Nothing in this Article requires the appropriate authority of the customs administration to provide guidance on transactions for which a determination has been made, or for which a determination has been applied consistently throughout its territory; on transactions for which a determination is pending; if an importer or exporter has requested a ruling or has received a ruling that has been applied consistently throughout its territory; or on transactions for which a determination or ruling is being reviewed.

Administrative Guidance. To ensure the successful introduction of WLBA, the Commissioner in consultation with the QPCOUE undertakes to develop administrative guidance notes to manage and monitor WLBA. Appropriate fatigue management arrangements shall be addressed in the guidance notes for Commissioned Officers who perform rotational rosters and for Commissioned Officers who are required to be on-call.

Administrative Guidance. 1. Each Party shall adopt or maintain an administrative procedure by which a customs office in its territory may request the appropriate authority of the customs administration to provide guidance as to the proper application of laws, regulations, and procedures for importation into, exportation from, or transit through its territory with respect to a specific customs transaction, regardless of whether the transaction is prospective, pending, or has been completed. 2. The appropriate authority of a Party shall provide guidance in response to a request under paragraph 1 if the customs treatment applied or proposed to be applied by the customs office to the transaction is inconsistent with the customs treatment provided with respect to transactions that are identical in all material respects, including by another customs office in the territory of the Party. 3. Each Party shall make available to the public on a free, publicly accessible website the guidance provided in response to a request under paragraph 2. 4. When a person with an interest in the transaction disagrees with the customs office submitting a request under paragraph 1, the Party shall allow the person an opportunity to submit additional documents and supporting information in writing to the appropriate authority of the customs administration before the authority issues its guidance. 5. The customs office shall take into account guidance in response to a request under paragraph 1 with respect to the transaction that is the subject of the request, provided that there is not a ruling or determination issued on the transaction and the facts and circumstances remain the same. 6. Nothing in this Article requires the customs administration to provide guidance on transactions for which a determination has been made, or for which a determination has been applied consistently throughout its territory; on transactions for which a determination is pending; if an importer or exporter has requested a ruling or has received a ruling that has been applied consistently throughout its territory; or on transactions for which a determination or ruling is being reviewed.

Administrative Guidance. 1. Each Party, through its Designated Representative, shall adopt or maintain an administrative procedure by which a customs office in the territory represented by the Party may request guidance from a designated centralized office of the customs administration of the territory represented by the Party as to the proper application of laws, regulations, and procedures of the territory represented by the Party for importation into, exportation from, or transit through that territory with respect to a specific customs transaction, regardless of whether the transaction is prospective, pending, or has been completed. This administrative procedure shall provide that a customs office shall request guidance under this administrative procedure on its own initiative or at the written request of an importer or exporter in the territory represented by the Party, or a representative thereof. 2. Each Party, through its Designated Representative, shall provide that the designated centralized office of the customs administration of the territory represented by the Party shall provide guidance in response to a request by a customs office described in paragraph 1 if the customs treatment applied or proposed to be applied by the customs office to the transaction is inconsistent with the customs treatment provided with respect to transactions that are identical in all material respects, including by another customs office in the territory represented by the Party. 3. Each Party, through its Designated Representative, shall make available on a free, publicly accessible website the procedures, including any forms, for an importer or exporter to request guidance as described in paragraph 1. 4. Each Party, through its Designated Representative, shall provide that an importer or exporter to whom a request described in paragraph 1 relates is allowed an opportunity to submit written views and information to the designated centralized office of the customs administration of the territory represented by the Party before it issues its guidance. 5. Each Party, through its Designated Representative, shall provide that guidance in response to a request described in paragraph 1 shall be taken into account by the customs office with respect to the transaction that is the subject of the request, provided that there is not a ruling or determination issued on the transaction and the facts and circumstances remain the same. 6. Nothing in this Article requires a Party, either on its own or throu...

Administrative Guidance. 1. For the purposes of this Article, the term"administrative guidance" means any guidance,recommendation or advice by a competent authority of theGovernment of a Party which requires a person to do orrefrain from doing any act but does not 2. Where a competent authority of the Government of aParty renders administrative guidance with regard to anymatter covered by this Agreement, such competent authorityshall ensure that the administrative guidance does notexceed the scope of its competence and shall not requirethe person concerned to comply with the administrativeguidance without voluntary cooperation of such person. 3. Such competent authority shall ensure, in accordancewith the laws and regulations of its Party, that the personconcerned not be treated unfavourably solely on account ofnon-compliance of such person with such administrativeguidance.

Administrative Guidance. 1. Where a competent authority of the central government of a Party renders administrative guidance with regard to any matter covered by this Chapter, such competent authority is encouraged to ensure that the administrative guidance does not exceed the scope of its competence. The competent authority is also encouraged to ensure that the administrative guidance does not require the person concerned to comply with the administrative guidance without voluntary cooperation of such person. 2. Such competent authority is encouraged to ensure, in accordance with the laws and regulations of its Party, that the person concerned is not treated unfavourably solely on account of non-compliance of such person with such administrative guidance. 3. Such competent authority is encouraged to provide, in accordance with the laws and regulations of its Party, to the person concerned in writing, upon the request of such person, the purposes and contents of the administrative guidance. 4. For the purposes of this Article, the term “administrative guidance” means any guidance, recommendation or advice by a competent authority of the central government of a Party which requires a person to do or refrain from doing any act but does not create, impose limitations on, or in any way affect, rights and obligations of such person in order to pursue administrative objectives.

Administrative Guidance. SSA will issue initial internal guidance reminding technicians how to adjudicate waiver requests for SSI Overpayments since March 2020 and directing them to consider specific COVID-19-related circumstances alleged by an individual requesting waiver that could support a finding that an individual is without fault in causing the Overpayment when the Agency considers a waiver request. The specific COVID-19 related circumstances that may prevent an individual from complying with the SSI reporting requirements may include, for example, (1) COVID-19 related failed attempts to contact the Agency, including inability to visit a field office, inability to access mail services, and inability to access transportation; (2) government-imposed COVID-19 travel restrictions; (3) overpaid individual’s COVID-19 related serious illness; (4) child- or family-care changes due to COVID-19 stay-at-home orders or school-at-home requirements, (5) COVID- 19 related death or serious illness of the overpaid person’s representative payee; and (6) COVID-19 related death or serious illness in the overpaid individual’s immediate family. SSA will issue a revised version of the guidance described in this paragraph prior to the issuance of the Notice, which will provide technicians with information about how to process inquiries about the Notice, in addition to the above information about considering COVID-19 related circumstances. The revised guidance will remind technicians that, if a waiver is granted, an underpayment may be issued to return already-recovered funds if appropriate under, and in accordance with, all applicable laws, regulations, and Agency policy, including but not limited to 20 C.F.R. §§ 416.538, 416.542, 416.543, 416.545, and 416.546 and POMS SI 02101.002 and SI 02101.003. Prior to the Agency’s anticipated date of issuance of the initial guidance, a draft of this guidance shall be provided to Class Counsel, after which Class Counsel will have two (2) weeks to provide recommendations for modification, if any, to the Agency. The Agency shall consider such proposed modifications but the contents of the guidance will rest with the Agency and include what is required by this Settlement Agreement. The guidance or revised guidance shall be in effect for at least two years after the Notices are sent in accordance with Paragraph 3(a).

Administrative Guidance. 1. For Nutrition and Physical Activity Promotion Activities listed in Exhibit A, Scope of Work, sections 4.