Common use of Appeal and review Clause in Contracts

Appeal and review. 1. Each Party shall provide effective, prompt, non-discriminatory and easily accessible procedures to guarantee the right of appeal against administrative actions, rulings and decisions of customs authorities or other competent authorities that affect the import or export of goods or goods in transit. 2. Each Party shall ensure that any person with respect to whom it takes administrative action referred to in paragraph 1 or to whom it issues a ruling or decision referred to in paragraph 1 has access to: (a) an administrative appeal to or review by an administrative authority higher than or independent of the official or office that took the administrative action or that issued the ruling or the decision; or (b) a judicial appeal or review of the administrative action or the ruling or the decision. 3. Each Party shall ensure that, in cases where the decision on administrative appeal or review under point (a) of paragraph 2 is not issued within the period of time provided for in its laws and regulations or is not issued without undue delay, the petitioner has the right to further administrative or judicial appeal or review or any other recourse to a judicial authority in accordance with the laws and regulations of that Party. 4. Each Party shall ensure that the petitioner is provided in writing, including electronically, with the reasons for the administrative decision, so as to enable the petitioner to have recourse to appeal or review procedures where necessary.