Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner. 2. With a view to ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures, do not constitute unnecessary barriers to trade in services, the Parties shall jointly review the results of the WTO negotiations on disciplines on such measures, pursuant to Article VI.4 of GATS, and shall amend this Article, as appropriate, after consultations among the Parties, to bring the results of those negotiations into effect under this Agreement. The Parties note that the disciplines arising from such negotiations shall aim to ensure that qualification requirements and procedures, technical standards and licensing requirements and procedures are, inter alia: (a) based on objective and transparent criteria, such as competence and the ability to supply the service; (b) not more burdensome than necessary to ensure the quality of the service; and (c) in the case of licensing procedures, not in themselves a restriction on the supply of the service. 3. In sectors in which a Party has undertaken specific commitments under Article 3 (National Treatment), Article 4 (Market Access) and Article 5 (Additional Commitments), pending the incorporation of the disciplines referred to in Paragraph 2, that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments under this Agreement in a manner which: (a) does not comply with the criteria outlined in Paragraph 2(a), (b) or (c); and (b) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made. 4. In determining whether a Party is in conformity with its obligations under Paragraph 3(a), account shall be taken of international standards of relevant international organisations applied by that Party.6 5. Where authorisation is required for the supply of a service on which a specific commitment has been made, the competent authorities of that Party shall: (a) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe; (b) within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application; (c) at the request of the applicant, provide, without undue delay, information concerning the status of the application under consideration; and (d) if an application is terminated or denied, to the maximum extent possible, inform the applicant in writing, and without delay, the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new application. 6. In sectors where specific commitments regarding professional services are undertaken, each Party shall 6 The term “relevant international organisations” refers to international bodies whose membership is open to the relevant bodies of all the Parties. provide for adequate procedures to verify the competency of professionals of the other Parties. 7. Subject to its domestic laws and regulations, each Party shall permit service suppliers of the other Parties to use the business names under which they ordinarily trade in the territories of the other Parties and otherwise ensure that the use of business names is not unduly restricted.
Appears in 12 contracts
Samples: Asean Australia New Zealand Free Trade Agreement, Asean Australia New Zealand Free Trade Agreement, Free Trade Agreement
Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.
2. With a view to ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures, do not constitute unnecessary barriers to trade in services, the Parties shall jointly review the results of the WTO negotiations on disciplines on such measures, pursuant to Article VI.4 of GATS, and shall amend this Article, as appropriate, after consultations among the Parties, to bring the results of those negotiations into effect under this Agreement. The Parties note that the disciplines arising from such negotiations shall aim to ensure that qualification requirements and procedures, technical standards and licensing requirements and procedures are, inter alia:
(a) based on objective and transparent criteria, such as competence and the ability to supply the service;
(b) not more burdensome than necessary to ensure the quality of the service; and
(c) in the case of licensing procedures, not in themselves a restriction on the supply of the service.
3. In sectors in which a Party has undertaken specific commitments under Article 3 (National Treatment), Article 4 (Market Access) and Article 5 (Additional Commitments), pending the incorporation of the disciplines referred to in Paragraph 2, that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments under this Agreement in a manner which:
(a) does not comply with the criteria outlined in Paragraph 2(a), (b) or (c); and
(b) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made.
4. In determining whether a Party is in conformity with its obligations under Paragraph 3(a), account shall be taken of international standards of relevant international organisations applied by that Party.6
5. Where authorisation is required for the supply of a service on which a specific commitment has been made, the competent authorities of that Party shall:
(a) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe;
(b) within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application;
(c) at the request of the applicant, provide, without undue delay, information concerning the status of the application under consideration; and
(d) if an application is terminated or denied, to the maximum extent possible, inform the applicant in writing, and without delay, the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new application.
6. In sectors where specific commitments regarding professional services are undertaken, each Party shall 6 The term “relevant international organisations” refers to international bodies whose membership is open to the relevant bodies of all the Parties. provide for adequate procedures to verify the competency of professionals of the other Parties.
7. Subject to its domestic laws and regulations, each Party shall permit service suppliers of the other Parties to use the business names under which they ordinarily trade in the territories of the other Parties and otherwise ensure that the use of business names is not unduly restricted.
Appears in 8 contracts
Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement
Domestic Regulation. 1. In sectors where specific commitments are undertakenundertaken under Part III, each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.
2. With a view to ensuring that measures relating to qualification requirements (a) Each Party shall maintain or institute as soon as practicable judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected service supplier, for the prompt review of, and procedureswhere justified, technical standards and licensing requirements and proceduresappropriate remedies for, do not constitute unnecessary barriers to administrative decisions affecting trade in services. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Parties Party shall jointly review the results of the WTO negotiations on disciplines on such measures, pursuant to Article VI.4 of GATS, and shall amend this Article, as appropriate, after consultations among the Parties, to bring the results of those negotiations into effect under this Agreement. The Parties note ensure that the disciplines arising from such negotiations shall aim to ensure that qualification requirements and procedures, technical standards and licensing requirements and procedures are, inter alia:
(a) based on in fact provide for an objective and transparent criteria, such as competence and the ability to supply the service;impartial review.
(b) The provisions of subparagraph (a) shall not more burdensome than necessary be construed to ensure require a Party to institute such tribunals or procedures where this would be inconsistent with its constitutional structure or the quality nature of the service; and
(c) in the case of licensing procedures, not in themselves a restriction on the supply of the serviceits legal system.
3. In sectors in which a Party has undertaken specific commitments under Article 3 (National Treatment), Article 4 (Market Access) and Article 5 (Additional Commitments), pending the incorporation of the disciplines referred to in Paragraph 2, that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments under this Agreement in a manner which:
(a) does not comply with the criteria outlined in Paragraph 2(a), (b) or (c); and
(b) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made.
4. In determining whether a Party is in conformity with its obligations under Paragraph 3(a), account shall be taken of international standards of relevant international organisations applied by that Party.6
5. Where authorisation is required for the supply of a service on which a specific commitment under this Agreement has been made, the competent authorities of that each Party shall:
(a) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe;
(b) within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application;
(c) at the request of the applicant, provide, provide without undue delay, information concerning the status of the application under considerationapplication; and
(dc) if an application is terminated or denied, to the maximum extent possible, inform the applicant in writing, writing and without delay, delay the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new application.
4. With the objective of ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements do not constitute unnecessary barriers to trade in services, the Parties shall jointly review the results of the negotiations on disciplines on these measures, pursuant to Article VI.4 of GATS, with a view to their incorporation into this Agreement. The Parties note that such disciplines aim to ensure that such requirements are, inter alia:
(a) based on objective and transparent criteria, such as competence and the ability to supply the service;
(b) not more burdensome than necessary to ensure the quality of the service;
(c) in the case of licensing procedures, not in themselves a restriction on the supply of the service.
(a) In sectors in which a Party has undertaken specific commitments under Part III, pending the incorporation of the disciplines referred to in paragraph 4 of this Article, that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair its obligation under this Agreement in a manner which:
(i) does not comply with the criteria outlined in subparagraphs 4(a), (b) or (c) of this Article; and
(ii) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made.
(b) In determining whether a Party is in conformity with the obligation under paragraph 5(a) of this Article, account shall be taken of international standards of relevant international organisations4 applied by that Party.
6. In sectors where specific commitments regarding professional services are undertaken, each Party shall 6 The term “relevant international organisations” refers to international bodies whose membership is open to the relevant bodies of all the Parties. provide for adequate procedures to verify the competency competence of professionals of the any other PartiesParty.
7. Subject to its domestic laws and regulations, each Party shall permit service suppliers of the other Parties to use the business names under which they ordinarily trade in the territories of the other Parties and otherwise ensure that the use of business names is not unduly restricted.
Appears in 8 contracts
Samples: Trade in Services Agreement, Trade Agreement, Trade in Services Agreement
Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.
2. Each Party shall maintain or institute, as soon as practicable, judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected service supplier of another Party, for the prompt review of, and where justified, appropriate remedies for, administrative decisions affecting trade in services. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Party shall ensure that the procedures in fact provide for an objective and impartial review.
3. Where authorisation is required by a Party for the supply of a service, the competent authorities of that Party shall, within a reasonable period of time after the Submission of an application is considered complete under that Party's domestic laws and regulations, inform the applicant of the decision concerning the application. At the request of the applicant, the competent authorities of that Party shall provide, without undue delay, information concerning the status of the application.
4. Each Party shall ensure that measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures, in all services sectors, are based on objective and transparent criteria, such as competence and the ability to supply the service.
5. With a view to ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures, procedures do not constitute unnecessary barriers to trade in services, the Parties Joint Committee shall jointly review take a decision aiming at incorporating into this Agreement any disciplines developed in the results WTO in accordance with paragraph 4 of Article VI of the WTO negotiations on disciplines on such measures, pursuant to Article VI.4 of GATS, and shall amend this Article, as appropriate, after consultations among the Parties, to bring the results of those negotiations into effect under this Agreement. The Parties note that may also, jointly or bilaterally, decide to develop further disciplines.
(a) In sectors in which a Party has undertaken specific commitments, pending The entry into force of a decision incorporating WTO disciplines for these sectors pursuant to paragraph 5, and, if agreed between Parties, disciplines developed jointly or bilaterally under this Agreement pursuant to paragraph 5, the disciplines arising from such negotiations Party shall aim to ensure that not apply qualification requirements and procedures, technical standards and licensing requirements and procedures are, inter aliathat nullify or impair such specific commitments in a manner which is:
(ai) based on objective and transparent criteria, such as competence and the ability to supply the service;
(b) not more burdensome than necessary to ensure the quality of the service; andor
(cii) in the case of licensing procedures, not in themselves itself a restriction on the supply of the service.
3. In sectors in which a Party has undertaken specific commitments under Article 3 (National Treatment), Article 4 (Market Access) and Article 5 (Additional Commitments), pending the incorporation of the disciplines referred to in Paragraph 2, that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments under this Agreement in a manner which:
(a) does not comply with the criteria outlined in Paragraph 2(a), (b) or (c); and
(b) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made.
4. In determining whether a Party is in conformity with its obligations the obligation under Paragraph 3(asubparagraph (a), account shall be taken of international standards of relevant international organisations applied by that Party.6
5Party. Where authorisation is required for For the supply purposes of a service on which a specific commitment has been madethis Chapter, the competent authorities of that Party shall:
(a) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe;
(b) within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application;
(c) at the request of the applicant, provide, without undue delay, information concerning the status of the application under consideration; and
(d) if an application is terminated or denied, to the maximum extent possible, inform the applicant in writing, and without delay, the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new application.
6. In sectors where specific commitments regarding professional services are undertaken, each Party shall 6 The term “"relevant international organisations” refers to " means international bodies whose membership is open to the relevant bodies of all the Parties.
7. Each Party shall provide for adequate procedures to verify the competency competence of professionals of the other Partiesanother Party.
7. Subject to its domestic laws and regulations, each Party shall permit service suppliers of the other Parties to use the business names under which they ordinarily trade in the territories of the other Parties and otherwise ensure that the use of business names is not unduly restricted.
Appears in 7 contracts
Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement
Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.
2. With Each Party shall maintain or institute as soon as practicable judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected service supplier of the other Party, for the prompt review of, and where justified, appropriate remedies for, administrative decisions affecting trade in services. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Party shall ensure that the procedures in fact provide for an objective and impartial review.
3. The provisions of paragraph 2 above shall not be construed to require a view Party to ensuring institute such tribunals or procedures where this would be inconsistent with its constitutional structure or the nature of its legal system.
4. Where authorisation is required for the supply of a service on which a specific commitment has been made, the competent authorities of a Party shall, within a reasonable period of time after the submission of an application considered complete under that measures relating Party’s domestic laws and regulations, inform the applicant of the decision concerning the application. At the request of the applicant, the competent authorities of the Party shall provide, without undue delay, information concerning the status of the application.
5. In sectors where a Party has undertaken specific commitments subject to any terms, limitations, conditions or qualifications set out therein, the Party shall not apply licensing and qualification requirements and procedures, technical standards and licensing requirements and procedures, do not constitute unnecessary barriers to trade that nullify or impair such specific commitments in services, the Parties shall jointly review the results of the WTO negotiations on disciplines on such measures, pursuant to Article VI.4 of GATS, and shall amend this Article, as appropriate, after consultations among the Parties, to bring the results of those negotiations into effect under this Agreement. The Parties note that the disciplines arising from such negotiations shall aim to ensure that qualification requirements and procedures, technical standards and licensing requirements and procedures are, inter aliaa manner which:
(a) does not comply with the following criteria:
(i) based on objective and transparent criteria, such as competence and the ability to supply the service;
(bii) not more burdensome than necessary to ensure the quality of the service; andor
(ciii) in the case of licensing procedures, not in themselves a restriction on the supply of the service.
3. In sectors in which a Party has undertaken specific commitments under Article 3 (National Treatment), Article 4 (Market Access) and Article 5 (Additional Commitments), pending the incorporation of the disciplines referred to in Paragraph 2, that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments under this Agreement in a manner which:
(a) does not comply with the criteria outlined in Paragraph 2(a), (b) or (c); and
(b) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made.
46. In determining whether a Party is in conformity with its obligations under Paragraph 3(a)paragraph 5 above, account shall be taken of international standards of relevant international organisations applied by organisations(Note) applicable to that Party.6
5. Where authorisation is required for the supply of a service on which a specific commitment has been made, the competent authorities of that Party shall:
(a) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe;
(b) within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application;
(c) at the request of the applicant, provide, without undue delay, information concerning the status of the application under consideration; and
(d) if an application is terminated or denied, to the maximum extent possible, inform the applicant in writing, and without delay, the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new applicationParty.
6. In sectors where specific commitments regarding professional services are undertaken, each Party shall 6 The term “relevant international organisations” refers to international bodies whose membership is open to the relevant bodies of all the Parties. provide for adequate procedures to verify the competency of professionals of the other Parties.
7. Subject to its domestic laws and regulations, each Party shall permit service suppliers of the other Parties to use the business names under which they ordinarily trade in the territories of the other Parties and otherwise ensure that the use of business names is not unduly restricted.
Appears in 6 contracts
Samples: Economic Partnership Agreement, Economic Partnership Agreement, Economic Partnership Agreement
Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.
2. With a view to ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures, do not constitute unnecessary barriers to trade in services, the Parties shall jointly review the results of the WTO negotiations on disciplines on such measures, pursuant to Article VI.4 of GATS, and shall amend this Article, as appropriate, after consultations among the Parties, to bring the results of those negotiations into effect under this Agreement. The Parties note that the disciplines arising from such negotiations shall aim to ensure that qualification requirements and procedures, technical standards and licensing requirements and procedures are, inter alia:
(a) based on objective and transparent criteria, such as competence and the ability to supply the service;
(b) not more burdensome than necessary to ensure the quality of the service; and
(c) in the case of licensing procedures, not in themselves a restriction on the supply of the service.
3. In sectors in which a Party has undertaken specific commitments under Article 3 (National Treatment), Article 4 (Market Access) and Article 5 (Additional Commitments), pending the incorporation of the disciplines referred to in Paragraph 2, that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments under this Agreement in a manner which:
(a) does not comply with the criteria outlined in Paragraph 2(a), (b) or (c); and
(b) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made.
4. In determining whether a Party is in conformity with its obligations under Paragraph 3(a), account shall be taken of international standards of relevant international organisations applied by that Party.6
5. Where authorisation is required for the supply of a service on which a specific commitment has been made, the competent authorities of that Party shall:
(a) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe;
(b) within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application;
(c) at the request of the applicant, provide, without undue delay, information concerning the status of the application under consideration; and
(d) if an application is terminated or denied, to the maximum extent possible, inform the applicant in writing, and without delay, the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new application.
6. In sectors where specific commitments regarding professional services are undertaken, each Party shall 6 The term “relevant international organisations” refers to international bodies whose membership is open to the relevant bodies of all the Parties. provide for adequate procedures to verify the competency of professionals of the other Parties.
7. Subject to its domestic laws and regulations, each Party shall permit service suppliers of the other Parties to use the business names under which they ordinarily trade in the territories of the other Parties and otherwise ensure that the use of business names is not unduly restricted.shall
Appears in 5 contracts
Samples: Asean Australia New Zealand Free Trade Agreement, Free Trade Agreement, Free Trade Agreement
Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.
2. With a view to ensuring Each Party shall ensure that measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures, do not constitute unnecessary barriers to trade in services, the Parties shall jointly review the results of the WTO negotiations on disciplines on including by ensuring that such measures, pursuant to Article VI.4 of GATS, and shall amend this Article, as appropriate, after consultations among the Parties, to bring the results of those negotiations into effect under this Agreement. The Parties note that the disciplines arising from such negotiations shall aim to ensure that qualification requirements and procedures, technical standards and licensing requirements and procedures measures are, inter alia:
(a) based on objective and transparent criteria, such as competence and the ability to supply the service;
(b) not more burdensome than necessary to ensure the quality of the service; and
(c) in the case of licensing procedures, not in themselves a restriction on the supply of the service.
3. In sectors in which Where a Party has undertaken specific commitments under Article 3 (National Treatment), Article 4 (Market Access) and Article 5 (Additional Commitments), pending the incorporation of the disciplines referred maintains measures relating to in Paragraph 2, that Party shall not apply licensing and qualification requirements and procedures, technical standards that nullify or impair such specific commitments under this Agreement in a manner whichand licensing requirements, the Party shall:
(a) does not comply with the criteria outlined in Paragraph 2(a)make publicly available:
(i) information on requirements and procedures to obtain, (b) renew or (c)retain any licences or professional qualifications; and
(ii) information on technical standards;
(b) could not reasonably have been expected where any form of that Party at the time the specific commitments in those sectors were made.
4. In determining whether a Party is in conformity with its obligations under Paragraph 3(a), account shall be taken of international standards of relevant international organisations applied by that Party.6
5. Where authorisation is required for the supply of a service on which a specific commitment has been madeservice, the competent authorities of ensure that Party shallit will:
(a) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe;
(bi) within a reasonable period of time after the submission of an application considered deemed complete under its domestic laws and regulations, consider the application and make a decision as to whether or not to grant the relevant authorisation;
(ii) promptly inform the applicant of the decision concerning whether or not to grant the applicationrelevant authorisation;
(ciii) at upon the request of the applicant, provide, provide without undue delay, information concerning the status of the application under considerationapplication; and
(div) if where practicable, upon the written request of an application is terminated or deniedunsuccessful applicant, to the maximum extent possible, inform the applicant in writing, and without delay, the provide written reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new application.
6. In sectors where specific commitments regarding professional services are undertaken, each Party shall 6 The term “relevant international organisations” refers decision not to international bodies whose membership is open to grant the relevant bodies of all the Parties. authorisation;
(c) provide for adequate procedures to verify the competency of professionals of the other PartiesParty;
(d) in appropriate professional and other service sectors consider, and where feasible, take steps to implement a temporary or project-specific licensing or registration regime, based on the foreign supplier’s home licence or recognised professional body membership (without the need for further written or oral examination) with a view to facilitating temporary access for foreign service suppliers to provide services in relation to specific projects or for limited periods in circumstances where specific expertise is required. Such a temporary or limited licence regime should not operate to prevent a foreign supplier from gaining a local licence subsequent to satisfying the necessary local licensing requirements;
(e) in each sector where an examination must be passed as a pre-requisite to the provision of a service in the territory of the Party:
(i) in the case of examinations administered by government authorities, take reasonable steps to schedule examinations no less frequently than once in every calendar year; or
(ii) in the case of examinations solely administered by non- governmental bodies or professional associations, use best efforts to encourage such bodies or associations to schedule examinations no less frequently than once in every calendar year; and in each case, the Party shall ensure that such examinations are open to applicants of the other Party. The possibility of using electronic means for conducting such examinations, of conducting such examinations orally, and of providing opportunities for taking such exams in the territory of the other Party should be explored.
74. Subject Notwithstanding Article 9.1(h), paragraphs 1 to its domestic laws and regulations3 above shall not apply where the relevant measures are the responsibility of non-governmental bodies. However, each Party shall permit service suppliers encourage such non-governmental bodies to comply with the requirements of paragraphs 1 to 3 above.
5. If the results of the other negotiations related to Article VI:4 of GATS enter into effect, the Parties shall jointly review those results with a view to use their incorporation into this Agreement, as considered appropriate by the business names under which they ordinarily trade in the territories of the other Parties and otherwise ensure that the use of business names is not unduly restrictedParties.
Appears in 5 contracts
Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement
Domestic Regulation. 1. In sectors where specific commitments are undertakenArticle VI of GATS shall apply between the Parties to this Chapter, each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial mannermutatis mutandis.
2. With Without prejudice to the right of a view Party to ensuring this Chapter to establish and apply licensing procedures and requirements, regarding the services sectors in respect of which such Party has undertaken specific commitments in accordance with Section II (Trade in Services) of this Chapter, as well as regarding the establishment and activities covered by Section III (Establishment, Commercial Presence and Activities) of this Chapter such Party shall ensure that:
a) its licensing procedures are not in themselves a restriction on the establishment, activities or supply of a service, and that measures relating to qualification requirements and procedures, technical standards and its licensing requirements and procedures, do not constitute unnecessary barriers directly related to trade in services, the Parties shall jointly review the results of the WTO negotiations on disciplines on such measures, pursuant to Article VI.4 of GATS, and shall amend this Article, as appropriate, after consultations among the Parties, to bring the results of those negotiations into effect under this Agreement. The Parties note that the disciplines arising from such negotiations shall aim to ensure that qualification requirements and procedures, technical standards and licensing requirements and procedures are, inter alia:
(a) based on objective and transparent criteria, such as competence and the ability eligibility to supply a service were not in themselves an unjustified barrier to the supply of the service;
(b) not more burdensome its competent authorities make a decision on granting/denial of a licence without undue delay and no later than necessary to ensure the quality period specified in relevant laws and regulations of the service; andsuch Party;
(c) any fees charged in connection with the case filing and review of licensing procedures, an application for a licence would not in themselves be a restriction on the supply of the service., establishment or activities;
3. In sectors in which d) once any period for review of an application for a Party has undertaken specific commitments under Article 3 (National Treatment), Article 4 (Market Access) and Article 5 (Additional Commitments), pending the incorporation of the disciplines referred to in Paragraph 2, that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments under this Agreement in a manner which:
(a) does not comply with the criteria outlined in Paragraph 2(a), (b) or (c); and
(b) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made.
4. In determining whether a Party is in conformity with its obligations under Paragraph 3(a), account shall be taken of international standards of relevant international organisations applied by that Party.6
5. Where authorisation is required for the supply of a service on which a specific commitment has been made, the competent authorities of that Party shall:
(a) licence established in the case laws and regulations of an incomplete applicationsuch Party lapsed, at and upon the request of an applicant, such Party’s competent authority informs the applicant of the status of its application and whether it was considered complete. If the authority requires additional information from the applicant, identify all it shall notify the applicant without undue delay and specify the additional information that is required to complete the application and provide application. Applicants shall have the opportunity to remedy deficiencies within a reasonable timeframeprovide the additional information requested and to make technical corrections in the application. An application shall not be considered complete until all information and documents specified in the respective laws and regulations of that Party are received;
(be) within a reasonable period of time after upon the submission written request of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application;
(c) at the request of the unsuccessful applicant, provide, without undue delay, information concerning the status of the application under consideration; and
(d) if competent authority that has denied an application is terminated or denied, to the maximum extent possible, will inform the applicant in writing, and without delay, writing of the reasons for such actionthe denial of the application. The However, this provision shall not be construed to require a regulatory authority to disclose information, where that disclosure would impede law enforcement or otherwise be contrary to the public interest or essential security interests;
f) where an application is denied, an applicant will shall have the possibility of resubmitting, at its discretion, right to submit a new applicationapplication that attempts to address any prior problems for licensing.
6. In sectors where specific commitments regarding professional services are undertaken, each Party shall 6 The term “relevant international organisations” refers to international bodies whose membership is open to the relevant bodies of all the Parties. provide for adequate procedures to verify the competency of professionals of the other Parties.
7. Subject to its domestic laws and regulations, each Party shall permit service suppliers of the other Parties to use the business names under which they ordinarily trade in the territories of the other Parties and otherwise ensure that the use of business names is not unduly restricted.
Appears in 4 contracts
Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement
Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner. 2.
2. With a view to ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures, do not constitute unnecessary barriers to trade in services, the Parties shall jointly review the results of the WTO negotiations on disciplines on such measures, pursuant to Article VI.4 of GATS, and shall amend this Article, as appropriate, after consultations among the Parties, to bring the results of those negotiations into effect under this Agreement. The Parties note that the disciplines arising from such negotiations shall aim to ensure that qualification requirements and procedures, technical standards and licensing requirements and procedures are, inter alia:
(a) based on Each Party shall maintain or institute as soon as practicable judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected service supplier, for the prompt review of, and where justified, appropriate remedies for, administrative decisions affecting trade in services. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Party shall ensure that the procedures in fact provide for an objective and transparent criteria, such as competence and the ability to supply the service;impartial review.
(b) The provisions of subparagraph (a) shall not more burdensome than necessary be construed to ensure require a Party to institute such tribunals or procedures where this would be inconsistent with its constitutional structure or the quality nature of the service; and
(c) in the case of licensing procedures, not in themselves a restriction on the supply of the serviceits legal system.
3. In sectors in which a Party has undertaken specific commitments under Article 3 (National Treatment), Article 4 (Market Access) and Article 5 (Additional Commitments), pending the incorporation of the disciplines referred to in Paragraph 2, that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments under this Agreement in a manner which:
(a) does not comply with the criteria outlined in Paragraph 2(a), (b) or (c); and
(b) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made.
4. In determining whether a Party is in conformity with its obligations under Paragraph 3(a), account shall be taken of international standards of relevant international organisations applied by that Party.6
5. Where authorisation authorization is required for the supply of a service on which a specific commitment under this Agreement has been made, the competent authorities of that each Party shall:
: (a) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe;
; (b) within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application;
(c) at the request of the applicant, provide, provide without undue delay, delay information concerning the status of the application under considerationapplication; and
and (dc) if an application is terminated or denied, to the maximum extent possible, inform the applicant in writing, writing and without delay, delay the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new application. 4. With the objective of ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements do not constitute unnecessary barriers to trade in services, the Parties shall jointly review the results of the negotiations on disciplines on these measures pursuant to Article Vl.4 of GATS, with a view to their incorporation into this Agreement. The Parties note that such disciplines aim to ensure that such requirements are, inter alia: (a) based on objective and transparent criteria, such as competence and the ability to supply the service; (b) not more burdensome than necessary to ensure the quality of the service; (c) in the case of licensing procedures, not in themselves a restriction on the supply of the service. 5.
6. (a) In sectors where in which a Party has undertaken specific commitments, pending the incorporation of the disciplines referred to in paragraph 4, that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair its obligation under this Agreement in a manner which: (i) does not comply with the criteria outlined in subparagraphs 4(a), (b) or (c); and (ii) could not reasonably have been expected of that Party at the time the specific commitments regarding professional services are undertakenin those sectors were made.
(b) In determining whether a Party is in conformity with the obligation under paragraph 5(a), each Party account shall 6 The term “be taken of international standards of relevant international organisations” refers to international bodies whose membership is open to the relevant bodies of all the Parties. provide for adequate procedures to verify the competency of professionals of the other Partiesorganizations applied by that Party.
7. Subject to its domestic laws and regulations, each Party shall permit service suppliers of the other Parties to use the business names under which they ordinarily trade in the territories of the other Parties and otherwise ensure that the use of business names is not unduly restricted.
Appears in 4 contracts
Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement
Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.
2. With a view to ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures, do not constitute unnecessary barriers to trade in services, the Parties shall jointly review the results of the WTO negotiations on disciplines on such measures, pursuant to Article VI.4 of GATS, and shall amend this Article, as appropriate, after consultations among between the Parties, to bring the results of those negotiations into effect under this Agreement. The Parties note that the disciplines arising from such negotiations shall aim to ensure that qualification requirements and procedures, technical standards and licensing requirements and procedures are, inter alia:
(a) based on objective and transparent criteria, such as competence and the ability to supply the service;
(b) not more burdensome than necessary to ensure the quality of the service; and
(c) in the case of licensing procedures, not in themselves a restriction on the supply of the service.
3. In sectors in which a Party has undertaken specific commitments under Article 3 8.3 (National Treatment), Article 4 8.5 (Market Access) and Article 5 8.7 (Additional Commitments), pending the incorporation of the disciplines referred to in Paragraph paragraph 2, that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments under this Agreement in a manner which:
(a) does not comply with the criteria outlined in Paragraph subparagraphs 2(a), (b) or (c); and
(b) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made.
4. In determining whether a Party is in conformity with its obligations under Paragraph subparagraph 3(a), account shall be taken of international standards of relevant international organisations applied by that Party.6Party10.
5. Where authorisation is required for the supply of a service on which a specific commitment has been made, the competent authorities of that Party shall:
(a) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe;
(b) within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application;
(c) at the request of the applicant, provide, without undue delay, information concerning the status of the application under consideration; and
(d) if an application is terminated or denied, to the maximum extent possible, inform the applicant in writing, and without delay, the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new application.
6. In sectors where specific commitments regarding professional services are undertaken, each Party shall 6 10 The term “relevant international organisations” refers to international bodies whose membership is open to the relevant bodies of all the Parties.
6. In sectors where specific commitments regarding professional services are undertaken, each Party shall provide for adequate procedures to verify the competency of professionals of the other PartiesParty.
7. Subject to its domestic laws and regulations, each Party shall permit service suppliers of the other Parties Party to use the business names under which they ordinarily trade in the territories territory of the other Parties Party and otherwise ensure that the use of business names is not unduly restricted.
Appears in 4 contracts
Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement
Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.
2. Each Party shall maintain or institute, as soon as practicable, judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected service supplier of another Party, for the prompt review of, and where justified, appropriate remedies for, administrative decisions affecting trade in services. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Party shall ensure that the procedures in fact provide for an objective and impartial review.
3. Where authorisation is required by a Party for the supply of a service, the competent authorities of that Party shall, within a reasonable period of time after the submission of an application is considered complete under that Party's domestic laws and regulations, inform the applicant of the decision concerning the application. At the request of the applicant, the competent authorities of that Party shall provide, without undue delay, information concerning the status of the application.
4. Each Party shall ensure that measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures, in all services sectors, are based on objective and transparent criteria, such as competence and the ability to supply the service.
5. With a view to ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures, procedures do not constitute unnecessary barriers to trade in services, the Parties Joint Committee shall jointly review take a decision aiming at incorporating into the results Agreement any disciplines developed in the WTO in accordance with paragraph 4 of Article VI of the WTO negotiations on disciplines on such measures, pursuant to Article VI.4 of GATS, and shall amend this Article, as appropriate, after consultations among the Parties, to bring the results of those negotiations into effect under this Agreement. The Parties note that may also, jointly or bilaterally, decide to develop further disciplines.
(a) In sectors in which a Party has undertaken specific commitments, pending the entry into force of a decision incorporating WTO disciplines arising from such negotiations for these sectors pursuant to paragraph 5, and, if agreed between Parties, disciplines developed jointly or bilaterally under this Agreement pursuant to paragraph 5, the Party shall aim to ensure that not apply qualification requirements and procedures, technical standards and licensing requirements and procedures are, inter aliathat nullify or impair such specific commitments in a manner which is:
(ai) based on objective and transparent criteria, such as competence and the ability to supply the service;
(b) not more burdensome than necessary to ensure the quality of the service; andor
(cii) in the case of licensing procedures, not in themselves itself a restriction on the supply of the service.
3. In sectors in which a Party has undertaken specific commitments under Article 3 (National Treatment), Article 4 (Market Access) and Article 5 (Additional Commitments), pending the incorporation of the disciplines referred to in Paragraph 2, that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments under this Agreement in a manner which:
(a) does not comply with the criteria outlined in Paragraph 2(a), (b) or (c); and
(b) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made.
4. In determining whether a Party is in conformity with its obligations the obligation under Paragraph 3(asubparagraph (a), account shall be taken of international standards of relevant international organisations (7) applied by that Party.6
5. Where authorisation is required for the supply of a service on which a specific commitment has been made, the competent authorities of that Party shall:
(a) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe;
(b) within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application;
(c) at the request of the applicant, provide, without undue delay, information concerning the status of the application under consideration; and
(d) if an application is terminated or denied, to the maximum extent possible, inform the applicant in writing, and without delay, the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new applicationParty.
67. In sectors where specific commitments regarding professional services are undertaken, each Each Party shall 6 The term “relevant international organisations” refers to international bodies whose membership is open to the relevant bodies of all the Parties. provide for adequate procedures to verify the competency competence of professionals of the other Partiesanother Party.
7. Subject to its domestic laws and regulations, each Party shall permit service suppliers of the other Parties to use the business names under which they ordinarily trade in the territories of the other Parties and otherwise ensure that the use of business names is not unduly restricted.
Appears in 3 contracts
Samples: Comprehensive Economic Partnership Agreement, Comprehensive Economic Partnership Agreement, Comprehensive Economic Partnership Agreement
Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.
2. With a view to ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures, do not constitute unnecessary barriers to trade in services, the Parties shall jointly review the results of the WTO negotiations on disciplines on such measures, pursuant to Article VI.4 V1.4 of GATS, and shall amend this Article, as appropriate, after consultations among between the Parties, to bring the results of those negotiations into effect under this Agreement. The Parties note that the disciplines arising from such negotiations shall aim to ensure that qualification requirements and procedures, technical standards and licensing requirements and procedures are, inter alia:
(a) based on objective and transparent criteria, such as competence and the ability to supply the service;
(b) not more burdensome than necessary to ensure the quality of the service; and
(c) in the case of licensing procedures, not in themselves a restriction on the supply of the service.
3. In sectors in which a Party has undertaken specific commitments under Article 3 8.3 (National Treatment), Article 4 8.5 (Market Access) and Article 5 8.7 (Additional Commitments), pending the incorporation of the disciplines referred to in Paragraph paragraph 2, that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments under this Agreement in a manner which:
(a) does not comply with the criteria outlined in Paragraph subparagraphs 2(a), (b) or (c); and
(b) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made.
4. In determining whether a Party is in conformity with its obligations under Paragraph subparagraph 3(a), account shall be taken of international standards of relevant international organisations applied by that Party.6Party (10).
5. Where authorisation is required for the supply of a service on which a specific commitment has been made, the competent authorities of that Party shall:
(a) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe;
(b) within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application;
(c) at the request of the applicant, provide, without undue delay, information concerning the status of the application under consideration; and
(d) if an application is terminated or denied, to the maximum extent possible, inform the applicant in writing, and without delay, the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new application.
6. In sectors where specific commitments regarding professional services are undertaken, each Party shall 6 The term “relevant international organisations” refers to international bodies whose membership is open to the relevant bodies of all the Parties. provide for adequate procedures to verify the competency of professionals of the other PartiesParty.
7. Subject to its domestic laws and regulations, each Party shall permit service suppliers of the other Parties Party to use the business names under which they ordinarily trade in the territories territory of the other Parties Party and otherwise ensure that the use of business names is not unduly restricted.
Appears in 3 contracts
Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement
Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.
2. With Each Party shall maintain or institute as soon as practicable judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected service supplier, for the prompt review of and, where justified, appropriate remedies for, administrative decisions affecting trade in services. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Party shall ensure that the procedures in fact provide for an objective and impartial review.
3. Where authorisation is required for the supply of a view service, the competent authorities of each Party shall, within a reasonable period of time after the submission of an application considered complete under domestic law, inform the applicant of the decision concerning the application. At the request of the applicant, the competent authorities of the Party shall provide, without undue delay, information concerning the status of the application.
(a) Pending incorporation of results referred to ensuring in subparagraph 4 (c), each Party shall ensure that measures relating to qualification requirements and procedures, technical standards and licensing requirements and proceduresstandards, do not constitute unnecessary barriers to trade in services, the Parties shall jointly review the results of the WTO negotiations on disciplines on such measures, pursuant to Article VI.4 of GATS, and shall amend this Article, as appropriate, after consultations among the Parties, to bring the results of those negotiations into effect under this Agreement. The Parties note that the disciplines arising from such negotiations shall aim to ensure that qualification requirements and procedures, technical standards and licensing requirements and procedures that it adopts or maintains are, inter alia:
(ai) based on objective and transparent criteria, such as competence and the ability to supply the service;; and 8 This Article shall not be construed to require any Party to compensate for any inherent competitive disadvantages which result from the foreign character of the relevant services or service suppliers.
(b) not more burdensome than necessary to ensure the quality of the service; and
(cii) in the case of licensing procedures, not in themselves a restriction on the supply of the service.
3. In sectors in which a Party has undertaken specific commitments under Article 3 (National Treatment), Article 4 (Market Accessb) and Article 5 (Additional Commitments), pending the incorporation of the disciplines referred to in Paragraph 2, that Party This paragraph shall not apply licensing to a sector or subsector where a Party does not have any obligations on Market Access and qualification requirements and technical standards that nullify or impair such specific commitments National Treatment under this Agreement in a manner which:its Appendix to Annex X.
(ac) does not comply with If the criteria outlined in Paragraph 2(a)results of the negotiations related to paragraph 4 of Article VI of the GATS enter into effect, (b) or (c); andthe Parties shall jointly review such results, and decide on incorporation of such results into this Agreement.
(bd) could not reasonably have been expected The Parties confirm their rights and obligations under Article VI of that Party at the time the specific commitments in those sectors were madeGATS.
45. In determining whether a Party is in conformity with its obligations under Paragraph 3(a)paragraph 4, account shall be taken of international standards of relevant international organisations organisations9 applied by that Party.6
5. Where authorisation is required for the supply of a service on which a specific commitment has been made, the competent authorities of that Party shall:
(a) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe;
(b) within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application;
(c) at the request of the applicant, provide, without undue delay, information concerning the status of the application under consideration; and
(d) if an application is terminated or denied, to the maximum extent possible, inform the applicant in writing, and without delay, the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new applicationParty.
6. In sectors where specific commitments regarding professional services are undertaken, each Each Party shall 6 The term “relevant international organisations” refers to international bodies whose membership is open to the relevant bodies of all the Parties. provide for adequate procedures to verify the competency competence of professionals of the any other PartiesParty.
7. Subject to its domestic laws and regulations, each Party shall permit service suppliers of the other Parties to use the business names under which they ordinarily trade in the territories of the other Parties and otherwise ensure that the use of business names is not unduly restricted.
Appears in 3 contracts
Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement
Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.
2. With a view to ensuring Each Party shall ensure that measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures, do not constitute unnecessary barriers to trade in services, the Parties shall jointly review the results of the WTO negotiations on disciplines on including by ensuring that such measures, pursuant to Article VI.4 of GATS, and shall amend this Article, as appropriate, after consultations among the Parties, to bring the results of those negotiations into effect under this Agreement. The Parties note that the disciplines arising from such negotiations shall aim to ensure that qualification requirements and procedures, technical standards and licensing requirements and procedures measures are, inter alia:
(a) based on objective and transparent criteria, such as competence and the ability to supply the service;
(b) not more burdensome than necessary to ensure the quality of the service; and
(c) in the case of licensing procedures, not in themselves a restriction on the supply of the service.
3. In sectors in which Where a Party has undertaken specific commitments under Article 3 (National Treatment), Article 4 (Market Access) and Article 5 (Additional Commitments), pending the incorporation of the disciplines referred maintains measures relating to in Paragraph 2, that Party shall not apply licensing and qualification requirements and procedures, technical standards that nullify or impair such specific commitments under this Agreement in a manner whichand licensing requirements, the Party shall:
(a) does not comply with the criteria outlined in Paragraph 2(a)make publicly available:
(i) information on requirements and procedures to obtain, (b) renew or (c)retain any licences or professional qualifications; and
(ii) information on technical standards;
(b) could not reasonably have been expected where any form of that Party at the time the specific commitments in those sectors were made.
4. In determining whether a Party is in conformity with its obligations under Paragraph 3(a), account shall be taken of international standards of relevant international organisations applied by that Party.6
5. Where authorisation is required for the supply of a service on which a specific commitment has been madeservice, the competent authorities of ensure that Party shallit will:
(a) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe;
(bi) within a reasonable period of time after the submission of an application considered deemed complete under its domestic laws and regulations, consider the application and make a decision as to whether or not to grant the relevant authorisation;
(ii) promptly inform the applicant of the decision concerning whether or not to grant the applicationrelevant authorisation;
(ciii) at upon the request of the applicant, provide, provide without undue delay, information concerning the status of the application under considerationapplication; and
(div) if where practicable, upon the written request of an application is terminated or deniedunsuccessful applicant, to the maximum extent possible, inform the applicant in writing, and without delay, the provide written reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new application.
6. In sectors where specific commitments regarding professional services are undertaken, each Party shall 6 The term “relevant international organisations” refers decision not to international bodies whose membership is open to grant the relevant bodies of all the Parties. authorisation;
(c) provide for adequate procedures to verify the competency of professionals of the other PartiesParty;
(d) in appropriate professional and other service sectors consider, and where feasible, take steps to implement a temporary or project-specific licensing or registration regime, based on the foreign supplier’s home licence or recognised professional body membership (without the need for further written or oral examination) with a view to facilitating temporary access for foreign service suppliers to provide services in relation to specific projects or for limited periods in circumstances where specific expertise is required. Such a temporary or limited licence regime should not operate to prevent a foreign supplier from gaining a local licence subsequent to satisfying the necessary local licensing requirements;
(e) in each sector where an examination must be passed as a pre-requisite to the provision of a service in the territory of the Party:
(i) in the case of examinations administered by government authorities, take reasonable steps to schedule examinations no less frequently than once in every calendar year; or
(ii) in the case of examinations solely administered by non-governmental bodies or professional associations, use best efforts to encourage such bodies or associations to schedule examinations no less frequently than once in every calendar year; and in each case, the Party shall ensure that such examinations are open to applicants of the other Party. The possibility of using electronic means for conducting such examinations, of conducting such examinations orally, and of providing opportunities for taking such exams in the territory of the other Party should be explored.
74. Subject Notwithstanding Article 9.1(h), paragraphs 1 to its domestic laws and regulations3 above shall not apply where the relevant measures are the responsibility of non-governmental bodies. However, each Party shall permit service suppliers encourage such non-governmental bodies to comply with the requirements of paragraphs 1 to 3 above.
5. If the results of the other negotiations related to Article VI:4 of GATS enter into effect, the Parties shall jointly review those results with a view to use their incorporation into this Agreement, as considered appropriate by the business names under which they ordinarily trade in the territories of the other Parties and otherwise ensure that the use of business names is not unduly restrictedParties.
Appears in 3 contracts
Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement
Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.
2. With Each Party shall maintain or institute as soon as practicable judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected service supplier of the other Party, for the prompt review of, and where justified, appropriate remedies for, administrative decisions affecting trade in services. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Party shall ensure that the procedures in fact provide for an objective and impartial review.
3. Where authorisation is required by a view Party for the supply of a service, in sectors where specific commitments are undertaken, the competent authorities of that Party shall, within a reasonable period of time after the submission of an application is considered complete under that Party's domestic laws and regulations, inform the applicant of the decision concerning the application. At the request of the applicant, the competent authorities of that Party shall provide, without undue delay, information concerning the status of the application.
4. In sectors where specific commitments are undertaken, each Party shall aim to ensuring ensure that measures relating to qualification requirements and procedures, technical standards standards, and licensing requirements and procedures, do not constitute unnecessary barriers to trade in services, the Parties shall jointly review the results of the WTO negotiations on disciplines on such measures, pursuant to Article VI.4 of GATS, and shall amend this Article, as appropriate, after consultations among the Parties, to bring the results of those negotiations into effect under this Agreement. The Parties note that the disciplines arising from such negotiations shall aim to ensure that qualification requirements and procedures, technical standards and licensing requirements and procedures are, inter aliarequirements:
(a) are based on objective and transparent criteria, such as competence and the ability to supply the service;
(b) are not more burdensome than necessary to ensure the quality of the service; and
(c) in the case of licensing procedures, are not in themselves a restriction on the supply of the service.
3. In sectors in which a Party has undertaken specific commitments under Article 3 (National Treatment), Article 4 (Market Access) and Article 5 (Additional Commitments), pending the incorporation of the disciplines referred to in Paragraph 2, that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments under this Agreement in a manner which:
(a) does not comply with the criteria outlined in Paragraph 2(a), (b) or (c); and
(b) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made.
45. In determining whether a Party is in conformity with its obligations the obligation under Paragraph 3(a)paragraph 4, account shall be taken of international standards of relevant international organisations organizations (5) applied by that Party.6
5. Where authorisation is required for the supply of a service on which a specific commitment has been made, the competent authorities of that Party shall:
(a) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe;
(b) within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application;
(c) at the request of the applicant, provide, without undue delay, information concerning the status of the application under consideration; and
(d) if an application is terminated or denied, to the maximum extent possible, inform the applicant in writing, and without delay, the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new applicationParty.
6. In sectors where specific commitments regarding professional services are undertaken, each Party shall 6 The term “relevant international organisations” refers to international bodies whose membership is open to the relevant bodies of all the Parties. provide for adequate procedures to verify the competency competence of professionals of the other PartiesParty.
7. Subject to its domestic laws and regulations, each Party The Parties shall permit service suppliers jointly review the results of the other Parties negotiations on disciplines on domestic regulation, pursuant to use the business names under which they ordinarily trade in the territories Article V4 of the other Parties and otherwise ensure that the use GATS, with a view of business names is not unduly restrictedincorporating them into this Chapter.
Appears in 3 contracts
Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement
Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.
2. Each Party shall maintain or institute, as soon as practicable, judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected service supplier of another Party, for the prompt review of, and where justified, appropriate remedies for, administrative decisions affecting trade in services. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Party shall ensure that the procedures in fact provide for an objective and impartial review.
3. Where authorisation is required by a Party for the supply of a service, the competent authorities of that Party shall, within a reasonable period of time after the submission of an application is considered complete under that Party’s domestic laws and regulations, inform the applicant of the decision concerning the application. At the request of the applicant, the competent authorities of that Party shall provide, without undue delay, information concerning the status of the application.
4. Each Party shall ensure that measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures, in all services sectors, are based on objective and transparent criteria, such as competence and the ability to supply the service.
5. With a view to ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures, procedures do not constitute unnecessary barriers to trade in services, the Parties Joint Committee shall jointly review take a decision aiming at incorporating into this Agreement any disciplines developed in the results WTO in accordance with paragraph 4 of Article VI of the WTO negotiations on disciplines on such measures, pursuant to Article VI.4 of GATS, and shall amend this Article, as appropriate, after consultations among the Parties, to bring the results of those negotiations into effect under this Agreement. The Parties note that may also, jointly or bilaterally, decide to develop further disciplines.
(a) In sectors in which a Party has undertaken specific commitments, pending the entry into force of a decision incorporating WTO disciplines arising from such negotiations for these sectors pursuant to paragraph 5, and, if agreed between Parties, disciplines developed jointly or bilaterally under this Agreement pursuant to paragraph 5, the Party shall aim to ensure that not apply qualification requirements and procedures, technical standards and licensing requirements and procedures are, inter aliathat nullify or impair such specific commitments in a manner which is:
(ai) based on objective and transparent criteria, such as competence and the ability to supply the service;
(b) not more burdensome than necessary to ensure the quality of the service; andor
(cii) in the case of licensing procedures, not in themselves itself a restriction on the supply of the service.
3. In sectors in which a Party has undertaken specific commitments under Article 3 (National Treatment), Article 4 (Market Access) and Article 5 (Additional Commitments), pending the incorporation of the disciplines referred to in Paragraph 2, that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments under this Agreement in a manner which:
(a) does not comply with the criteria outlined in Paragraph 2(a), (b) or (c); and
(b) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made.
4. In determining whether a Party is in conformity with its obligations the obligation under Paragraph 3(asubparagraph (a), account shall be taken of international standards of relevant international organisations applied by that Party.6
5Party. Where authorisation is required for For the supply purposes of a service on which a specific commitment has been madethis Chapter, the competent authorities of that Party shall:
(a) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe;
(b) within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application;
(c) at the request of the applicant, provide, without undue delay, information concerning the status of the application under consideration; and
(d) if an application is terminated or denied, to the maximum extent possible, inform the applicant in writing, and without delay, the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new application.
6. In sectors where specific commitments regarding professional services are undertaken, each Party shall 6 The term “relevant international organisations” refers to means international bodies whose membership is open to the relevant bodies of all the Parties.
7. Each Party shall provide for adequate procedures to verify the competency competence of professionals of the other Partiesanother Party.
7. Subject to its domestic laws and regulations, each Party shall permit service suppliers of the other Parties to use the business names under which they ordinarily trade in the territories of the other Parties and otherwise ensure that the use of business names is not unduly restricted.
Appears in 3 contracts
Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement
Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Party shall ensure that all measures of general application affecting trade in services covered by this Title are administered in a reasonable, objective and impartial manner.
2. With a view to ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures, do not constitute unnecessary barriers to trade in services, the Parties shall jointly review the results of the WTO negotiations on disciplines on such measures, pursuant to Article VI.4 of GATS, and shall amend this Article, as appropriate, after consultations among the Parties, to bring the results of those negotiations into effect under this Agreement. The Parties note that the disciplines arising from such negotiations shall aim to ensure that qualification requirements and procedures, technical standards and licensing requirements and procedures are, inter alia:
(a) based on objective and transparent criteria, such as competence and the ability to supply the service;
(b) not more burdensome than necessary to ensure the quality of the service; and
(c) in the case of licensing procedures, not in themselves a restriction on the supply of the service.
3. In sectors in which a Party has undertaken specific commitments under Article 3 (National Treatment), Article 4 (Market Access) and Article 5 (Additional Commitments), pending the incorporation of the disciplines referred to in Paragraph 2, that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments under this Agreement in a manner which:
(a) does not comply with the criteria outlined in Paragraph 2(a), (b) or (c); and
(b) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made.
4. In determining whether a Party is in conformity with its obligations under Paragraph 3(a), account shall be taken of international standards of relevant international organisations applied by that Party.6
5. Where authorisation is required for the supply of a service on or establishment for which a specific commitment has been made, the competent authorities of that a Party shall:
(a) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe;
(b) within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application;
(c) at . At the request of the applicant, the competent authorities of the Party shall provide, without undue delay, information concerning the status of the application under consideration; and
(d) if an application is terminated or denied, to the maximum extent possible, inform the applicant in writing, and without delay, the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new application.
3. Each Party shall maintain or institute judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected investor or service supplier, for a prompt review of, and where justified, appropriate remedies for, administrative decisions affecting establishment, cross border supply of services or temporary presence of natural persons for business purposes. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Parties shall ensure that the procedure in fact provides for an objective and impartial review. 4. Following the necessary consultations between the Parties, this Article shall be amended, as appropriate, so as to incorporate into this Title the results of any negotiation pursuant to Article VI.4 of the GATS or any similar negotiation undertaken in other multilateral fora in which the Parties participate once the resulting commitments enter into force. 5. Pending the completion of negotiations pursuant to Article VI:4 of the GATS as referred to in paragraph 4, no Party shall apply licensing and qualification requirements, procedures and technical standards, that nullify or impair their specific commitments in a manner which: (a) does not comply with the criteria outlined in Article VI:4 (a), (b), (c) of the GATS; and (b) could not reasonably have been expected of that Party at the time the specific commitments were made. 6. In sectors where specific commitments regarding professional services are undertakendetermining whether a Party is in conformity with its obligations under paragraph 5, each Party account shall 6 The term “be taken of international standards of relevant international organisations” refers to international bodies whose membership is open to the relevant bodies of all the Partiesorganisations [40] applied by that Party. provide for adequate procedures to verify the competency of professionals of the other Parties.
7. Subject to its domestic laws and regulations, each Party shall permit service suppliers of the other Parties to use the business names under which they ordinarily trade in the territories of the other Parties and otherwise ensure that the use of business names is not unduly restricted.Computer Services
Appears in 3 contracts
Samples: Trade Agreement, Trade Agreement, Trade Agreement
Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.
2. With Each Party shall maintain or institute as soon as practicable judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected service supplier of another Party, for the prompt review of, and where justified, appropriate remedies for, administrative decisions affecting trade in services. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Party shall ensure that the procedures in fact provide for an objective and impartial review.
3. Where authorisation is required for the supply of a view to ensuring that measures relating to service on which a specific commitment has been made, the competent authorities of a Party shall promptly, after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application. At the request of the applicant, the competent authorities of the Party shall provide, without undue delay, information concerning the status of the application.
4. The Parties shall jointly review the results of the negotiations on disciplines for certain regulations, including qualification requirements and procedures, technical standards and licensing requirements and procedures, do not constitute unnecessary barriers to trade in services, the Parties shall jointly review the results of the WTO negotiations on disciplines on such measuresrequirements, pursuant to Article VI.4 of the GATS, and shall amend this Article, as appropriate, after consultations among the Parties, with a view to bring the results of those negotiations their incorporation into effect under this Agreement. The Parties note that the such disciplines arising from such negotiations shall aim to ensure that qualification such requirements and procedures, technical standards and licensing requirements and procedures are, are inter alia:
(a) based on objective and transparent criteria, such as competence and the ability to supply the service;
(b) not more burdensome than necessary to ensure the quality of the service; and;
(c) in the case of licensing procedures, not in themselves a restriction on the supply of the service.
35. In sectors in which where a Party has undertaken specific commitments under Article 3 (National Treatment)commitments, Article 4 (Market Access) and Article 5 (Additional Commitments)subject to any terms, limitations, conditions or qualifications set out therein, pending the incorporation of the disciplines referred developed pursuant to in Paragraph 2paragraph 4, that a Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments under this Agreement in a manner which:
(a) does not comply with the criteria outlined in Paragraph 2(aparagraph 4 (a), (b) or (c); ) and
(b) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made.
46. In determining whether Whenever a Party domestic regulation is prepared, adopted and applied in conformity accordance with its obligations under Paragraph 3(a), account shall be taken of international standards of relevant international organisations organisations7 applied by a Party, there shall be a rebuttable presumption that Party.6
5. Where authorisation is required for it complies with the supply provisions of a service on which a specific commitment has been made, the competent authorities of that Party shall:
(a) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe;
(b) within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application;
(c) at the request of the applicant, provide, without undue delay, information concerning the status of the application under consideration; and
(d) if an application is terminated or denied, to the maximum extent possible, inform the applicant in writing, and without delay, the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new applicationthis Article.
67. In sectors where specific commitments regarding professional services are undertaken, each Party shall 6 The term “relevant international organisations” refers to international bodies whose membership is open to the relevant bodies of all the Parties. provide for adequate procedures to verify the competency competence of professionals of the other Partiesanother Party.
7. Subject to its domestic laws and regulations, each Party shall permit service suppliers of the other Parties to use the business names under which they ordinarily trade in the territories of the other Parties and otherwise ensure that the use of business names is not unduly restricted.
Appears in 3 contracts
Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement
Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.
2. With Each Party shall maintain or institute as soon as practicable judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected service supplier of the other Party, for the prompt review of, and where justified, appropriate remedies for, administrative decisions affecting trade in services. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Party shall ensure that the procedures in fact provide for an objective and impartial review.
3. The provisions of paragraph 2 above shall not be construed to require a view Party to ensuring institute such tribunals or procedures where this would be inconsistent with its constitutional structure or the nature of its legal system.
4. Where authorisation is required for the supply of a service on which a specific commitment has been made, the competent authorities of a Party shall, within a reasonable period of time after the submission of an application considered complete under that measures relating Party's domestic laws and regulations, inform the applicant of the decision concerning the application. At the request of the applicant, the competent authorities of the Party shall provide, without undue delay, information concerning the status of the application.
5. In sectors where a Party has undertaken specific commitments subject to any terms, limitations, conditions or qualifications set out therein, the Party shall not apply licensing and qualification requirements and procedures, technical standards and licensing requirements and procedures, do not constitute unnecessary barriers to trade that nullify or impair such specific commitments in services, the Parties shall jointly review the results of the WTO negotiations on disciplines on such measures, pursuant to Article VI.4 of GATS, and shall amend this Article, as appropriate, after consultations among the Parties, to bring the results of those negotiations into effect under this Agreement. The Parties note that the disciplines arising from such negotiations shall aim to ensure that qualification requirements and procedures, technical standards and licensing requirements and procedures are, inter aliaa manner which:
(a) does not comply with the following criteria:
(i) based on objective and transparent criteria, such as competence and the ability to supply the service;
(bii) not more burdensome than necessary to ensure the quality of the service; andor
(ciii) in the case of licensing procedures, not in themselves a restriction on the supply of the service.
3. In sectors in which a Party has undertaken specific commitments under Article 3 (National Treatment), Article 4 (Market Access) and Article 5 (Additional Commitments), pending the incorporation of the disciplines referred to in Paragraph 2, that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments under this Agreement in a manner which:
(a) does not comply with the criteria outlined in Paragraph 2(a), (b) or (c); and
(b) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made.
46. In determining whether a Party is in conformity with its obligations under Paragraph 3(a)paragraph 5 above, account shall be taken of international standards of relevant international organisations applied by (Note) applicable to that Party.6
5. Where authorisation is required for the supply of a service on which a specific commitment has been made, the competent authorities of that Party shall:
(a) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe;
(b) within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application;
(c) at the request of the applicant, provide, without undue delay, information concerning the status of the application under consideration; and
(d) if an application is terminated or denied, to the maximum extent possible, inform the applicant in writing, and without delay, the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new applicationParty.
6. In sectors where specific commitments regarding professional services are undertaken, each Party shall 6 The term “relevant international organisations” refers to international bodies whose membership is open to the relevant bodies of all the Parties. provide for adequate procedures to verify the competency of professionals of the other Parties.
7. Subject to its domestic laws and regulations, each Party shall permit service suppliers of the other Parties to use the business names under which they ordinarily trade in the territories of the other Parties and otherwise ensure that the use of business names is not unduly restricted.
Appears in 2 contracts
Samples: Economic Partnership Agreement, Economic Partnership Agreement
Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Party shall ensure that all measures of general application affecting trade in services covered by this Title are administered in a reasonable, objective and impartial manner.
2. With a view to ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures, do not constitute unnecessary barriers to trade in services, the Parties shall jointly review the results of the WTO negotiations on disciplines on such measures, pursuant to Article VI.4 of GATS, and shall amend this Article, as appropriate, after consultations among the Parties, to bring the results of those negotiations into effect under this Agreement. The Parties note that the disciplines arising from such negotiations shall aim to ensure that qualification requirements and procedures, technical standards and licensing requirements and procedures are, inter alia:
(a) based on objective and transparent criteria, such as competence and the ability to supply the service;
(b) not more burdensome than necessary to ensure the quality of the service; and
(c) in the case of licensing procedures, not in themselves a restriction on the supply of the service.
3. In sectors in which a Party has undertaken specific commitments under Article 3 (National Treatment), Article 4 (Market Access) and Article 5 (Additional Commitments), pending the incorporation of the disciplines referred to in Paragraph 2, that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments under this Agreement in a manner which:
(a) does not comply with the criteria outlined in Paragraph 2(a), (b) or (c); and
(b) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made.
4. In determining whether a Party is in conformity with its obligations under Paragraph 3(a), account shall be taken of international standards of relevant international organisations applied by that Party.6
5. Where authorisation is required for the supply of a service on or establishment for which a specific commitment has been made, the competent authorities of that a Party shall:
(a) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe;
(b) within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application;
(c) at . At the request of the applicant, the competent authorities of the Party shall provide, without undue delay, information concerning the status of the application under considerationapplication.
3. Each Party shall maintain or institute judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected investor or service supplier, for a prompt review of, and where justified, appropriate remedies for, administrative decisions affecting establishment, cross border supply of services or temporary presence of natural persons for business purposes. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Parties shall ensure that the procedure in fact provides for an objective and impartial review.
4. Following the necessary consultations between the Parties, this Article shall be amended, as appropriate, so as to incorporate into this Title the results of any negotiation pursuant to Article VI.4 of the GATS or any similar negotiation undertaken in other multilateral fora in which the Parties participate once the resulting commitments enter into force.
5. Pending the completion of negotiations pursuant to Article VI:4 of the GATS as referred to in paragraph 4, no Party shall apply licensing and qualification requirements, procedures and technical standards, that nullify or impair their specific commitments in a manner which:
(a) does not comply with the criteria outlined in Article VI:4 (a), (b), (c) of the GATS; and
(db) if an application is terminated or denied, to could not reasonably have been expected of that Party at the maximum extent possible, inform time the applicant in writing, and without delay, the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new applicationspecific commitments were made.
6. In sectors where specific commitments regarding professional services are undertakendetermining whether a Party is in conformity with its obligations under paragraph 5, each Party account shall 6 The term “be taken of international standards of relevant international organisations” refers to international bodies whose membership is open to the relevant bodies of all the Parties. provide for adequate procedures to verify the competency of professionals of the other Partiesorganisations (46) applied by that Party.
7. Subject to its domestic laws and regulations, each Party shall permit service suppliers of the other Parties to use the business names under which they ordinarily trade in the territories of the other Parties and otherwise ensure that the use of business names is not unduly restricted.
Appears in 2 contracts
Samples: Trade Agreement, Trade Agreement
Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.
2. Each Party shall maintain or institute as soon as practicable judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected service supplier of another Party, for the prompt review of, and where justified, appropriate remedies for, administrative decisions affecting trade in services. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Party shall ensure that the procedures in fact provide for an objective and impartial review.
3. Where authorisation is required by a Party for the supply of a service, the competent authorities of that Party shall, within a reasonable period of time after the submission of an application is considered complete under that Party’s domestic laws and regulations, inform the applicant of the decision concerning the application. At the request of the applicant, the competent authorities of that Party shall provide, without undue delay, information concerning the status of the application.
4. Each Party shall ensure that measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures, in all 7 Specific commitments assumed under this Article shall not be construed to require any Party to compensate for any inherent competitive disadvantages which result from the foreign character of the relevant services or service suppliers. services sectors, are based on objective and transparent criteria, such as competence and the ability to supply the service.
5. With a view to ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures, procedures do not constitute unnecessary barriers to trade in services, the Parties Joint Committee shall jointly review take a decision aiming at incorporating into this Agreement any disciplines developed in the results WTO in accordance with paragraph 4 of Article VI of the WTO negotiations on disciplines on such measures, pursuant to Article VI.4 of GATS, and shall amend this Article, as appropriate, after consultations among the Parties, to bring the results of those negotiations into effect under this Agreement. The Parties note that may also, jointly or bilaterally, decide to develop further disciplines.
(a) In sectors in which a Party has undertaken specific commitments, pending the entry into force of a decision incorporating WTO disciplines arising from such negotiations for these sectors pursuant to paragraph 5, and, if agreed between Parties, disciplines developed jointly or bilaterally under this Agreement pursuant to paragraph 5, the Party shall aim to ensure that not apply qualification requirements and procedures, technical standards and licensing requirements and procedures are, inter alia:that nullify or impair such specific commitments in a manner which is
(ai) based on objective and transparent criteria, such as competence and the ability to supply the service;
(b) not more burdensome than necessary to ensure the quality of the service; andor
(cii) in the case of licensing procedures, not in themselves itself a restriction on the supply of the service.
3. In sectors in which a Party has undertaken specific commitments under Article 3 (National Treatment), Article 4 (Market Access) and Article 5 (Additional Commitments), pending the incorporation of the disciplines referred to in Paragraph 2, that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments under this Agreement in a manner which:
(a) does not comply with the criteria outlined in Paragraph 2(a), (b) or (c); and
(b) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made.
4. In determining whether a Party is in conformity with its obligations the obligation under Paragraph 3(asubparagraph (a), account shall be taken of international standards of relevant international organisations organisations8 applied by that Party.6
5. Where authorisation is required for the supply of a service on which a specific commitment has been made, the competent authorities of that Party shall:
(a) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe;
(b) within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application;
(c) at the request of the applicant, provide, without undue delay, information concerning the status of the application under consideration; and
(d) if an application is terminated or denied, to the maximum extent possible, inform the applicant in writing, and without delay, the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new applicationParty.
67. In sectors where specific commitments regarding professional services are undertaken, each Each Party shall 6 The term “relevant international organisations” refers to international bodies whose membership is open to the relevant bodies of all the Parties. provide for adequate procedures to verify the competency competence of professionals of the other Partiesanother Party.
7. Subject to its domestic laws and regulations, each Party shall permit service suppliers of the other Parties to use the business names under which they ordinarily trade in the territories of the other Parties and otherwise ensure that the use of business names is not unduly restricted.
Appears in 2 contracts
Samples: Free Trade Agreement, Free Trade Agreement
Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.
2(a) Each Party shall maintain or institute, as soon as practicable, judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected service supplier of another Party, for the prompt review of, and where justified, appropriate remedies for, administrative decisions affecting trade in services. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Party shall ensure that the procedures in fact provide for an objective and impartial review.
(b) The provisions of subparagraph (a) shall not be construed to require a Party to institute such tribunals or procedures where this would be inconsistent with its constitutional structure or the nature of its legal system.
3. Where authorisation is required by a Party for the supply of a service, the competent authorities of that Party shall, within a reasonable period of time after the submission of an application is considered complete under that Party’s domestic laws, rules and regulations, inform the applicant of the decision concerning the application. At the request of the applicant, the competent authorities of that Party shall provide, without undue delay, information concerning the status of the application.
4. Each Party shall ensure that measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures, in sectors in which a Party has undertaken specific commitments, are based on objective and transparent criteria such as competence and the ability to supply the service.
5. With a view to ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures, procedures do not constitute unnecessary barriers to trade in services, the Parties Joint Committee shall jointly review take a decision aiming at incorporating into this Agreement any disciplines developed in the results WTO in accordance with paragraph 4 of Article VI of the WTO negotiations on disciplines on such measures, pursuant to Article VI.4 of GATS, and shall amend this Article, as appropriate, after consultations among the Parties, to bring the results of those negotiations into effect under this Agreement. The Parties note that may also, jointly or bilaterally, decide to develop further disciplines.
(a) In sectors in which a Party has undertaken specific commitments, pending the entry into force of a decision incorporating WTO disciplines arising from such negotiations for these sectors pursuant to paragraph 5, and, if agreed between Parties, disciplines developed jointly or bilaterally under this Agreement pursuant to paragraph 5, the Party shall aim to ensure that not apply qualification requirements and procedures, technical standards and licensing requirements and procedures are, inter aliathat nullify or impair such specific commitments in a manner which is:
(ai) based on objective and transparent criteria, such as competence and the ability to supply the service;
(b) not more burdensome than necessary to ensure the quality of the service; andor
(cii) in the case of licensing procedures, not in themselves itself a restriction on the supply of the service.
3. In sectors in which a Party has undertaken specific commitments under Article 3 (National Treatment), Article 4 (Market Access) and Article 5 (Additional Commitments), pending the incorporation of the disciplines referred to in Paragraph 2, that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments under this Agreement in a manner which:
(a) does not comply with the criteria outlined in Paragraph 2(a), (b) or (c); and
(b) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made.
4. In determining whether a Party is in conformity with its obligations the obligation under Paragraph 3(asubparagraph (a), account shall be taken of international standards of relevant international organisations organisations10 applied by that Party.6
5. Where authorisation is required for the supply of a service on which a specific commitment has been made, the competent authorities of that Party shall:
(a) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe;
(b) within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application;
(c) at the request of the applicant, provide, without undue delay, information concerning the status of the application under consideration; and
(d) if an application is terminated or denied, to the maximum extent possible, inform the applicant in writing, and without delay, the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new applicationParty.
67. In sectors where specific commitments regarding professional services are undertaken, each Each Party shall 6 The term “relevant international organisations” refers to international bodies whose membership is open to the relevant bodies of all the Parties. provide for adequate procedures to verify the competency competence of professionals of the other Partiesanother Party.
7. Subject to its domestic laws and regulations, each Party shall permit service suppliers of the other Parties to use the business names under which they ordinarily trade in the territories of the other Parties and otherwise ensure that the use of business names is not unduly restricted.
Appears in 2 contracts
Samples: Free Trade Agreement, Free Trade Agreement
Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.
2. Each Party shall maintain or institute, as soon as practicable, judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected service supplier of another Party, for the prompt review of, and where justified, appropriate remedies for, administrative decisions affecting trade in services. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Party shall ensure that the procedures in fact provide for an objective and impartial review.
3. Where authorisation is required by a Party for the supply of a service, the competent authorities of that Party shall, within a reasonable period of time after the submission of an application is considered complete under that Party’s domestic laws and regulations, inform the applicant of the decision concerning the application. At the request of the applicant, the competent authorities of that Party shall provide, without undue delay, information concerning the status of the application.
4. Each Party shall ensure that measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures, in all services sectors, are based on objective and transparent criteria, such as competence and the ability to supply the service.
5. With a view to ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures, procedures do not constitute unnecessary barriers to trade in services, the Parties Joint Committee shall jointly review take a decision aiming at incorporating into the results Agreement any disciplines developed in the WTO in accordance with paragraph 4 of Article VI of the WTO negotiations on disciplines on such measures, pursuant to Article VI.4 of GATS, and shall amend this Article, as appropriate, after consultations among the Parties, to bring the results of those negotiations into effect under this Agreement. The Parties note that may also, jointly or bilaterally, decide to develop further disciplines.
6. In sectors in which a Party has undertaken specific commitments, pending the entry into force of a decision incorporating WTO disciplines arising from such negotiations for these sectors pursuant to paragraph 5, and, if agreed between Parties, disciplines developed jointly or bilaterally under this Agreement pursuant to paragraph 5, the Party shall aim to ensure that not apply qualification requirements and procedures, technical standards and licensing requirements and procedures are, inter aliathat nullify or impair such specific commitments in a manner which is:
(a) based on objective and transparent criteria, such as competence and the ability to supply the service;
(b) not more burdensome than necessary to ensure the quality of the service; andor
(cb) in the case of licensing procedures, not in themselves itself a restriction on the supply of the service.
3. In sectors in which a Party has undertaken specific commitments under Article 3 (National Treatment), Article 4 (Market Access) and Article 5 (Additional Commitments), pending the incorporation of the disciplines referred to in Paragraph 2, that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments under this Agreement in a manner which:
(a) does not comply with the criteria outlined in Paragraph 2(a), (b) or (c); and
(b) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made.
47. In determining whether a Party is in conformity with its obligations the obligation under Paragraph 3(a)paragraph 6, account shall be taken of international standards of relevant international organisations organisations3 applied by that Party.6
5. Where authorisation is required for the supply of a service on which a specific commitment has been made, the competent authorities of that Party shall:
(a) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe;
(b) within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application;
(c) at the request of the applicant, provide, without undue delay, information concerning the status of the application under consideration; and
(d) if an application is terminated or denied, to the maximum extent possible, inform the applicant in writing, and without delay, the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new applicationParty.
68. In sectors where specific commitments regarding professional services are undertaken, each Each Party shall 6 The term “relevant international organisations” refers to international bodies whose membership is open to the relevant bodies of all the Parties. provide for adequate procedures to verify the competency competence of professionals of the any other PartiesParty.
7. Subject to its domestic laws and regulations, each Party shall permit service suppliers of the other Parties to use the business names under which they ordinarily trade in the territories of the other Parties and otherwise ensure that the use of business names is not unduly restricted.
Appears in 2 contracts
Samples: Free Trade Agreement, Free Trade Agreement
Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.
2. With a view to ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures, do not constitute unnecessary barriers to trade in services, the Parties shall jointly review the results of the WTO negotiations on disciplines on such measures, pursuant to Article VI.4 of GATS, and shall amend this Article, as appropriate, after consultations among the Parties, to bring the results of those negotiations into effect under this Agreement. The Parties note that the disciplines arising from such negotiations shall aim to ensure that qualification requirements and procedures, technical standards and licensing requirements and procedures are, inter alia:
(a) : based on objective and transparent criteria, such as competence and the ability to supply the service;
(b) ; not more burdensome than necessary to ensure the quality of the service; and
(c) and in the case of licensing procedures, not in themselves a restriction on the supply of the service.
3. In sectors in which a Party has undertaken specific commitments under Article 3 (National Treatment), Article 4 (Market Access) and Article 5 (Additional Commitments), pending the incorporation of the disciplines referred to in Paragraph 2, that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments under this Agreement in a manner which:
(a) : does not comply with the criteria outlined in Paragraph 2(a), (b) or (c); and
(b) and could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made.
4. In determining whether a Party is in conformity with its obligations under Paragraph 3(a), account shall be taken of international standards of relevant international organisations applied by that Party.6
5. Party.6 Where authorisation is required for the supply of a service on which a specific commitment has been made, the competent authorities of that Party shall:
(a) : in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe;
(b) ; within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application;
(c) ; at the request of the applicant, provide, without undue delay, information concerning the status of the application under consideration; and
(d) and if an application is terminated or denied, to the maximum extent possible, inform the applicant in writing, and without delay, the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new application.
6. In sectors where specific commitments regarding professional services are undertaken, each Party shall 6 The term “relevant international organisations” refers to international bodies whose membership is open to the relevant bodies of all the Parties. provide for adequate procedures to verify the competency of professionals of the other Parties.
7. Subject to its domestic laws and regulations, each Party shall permit service suppliers of the other Parties to use the business names under which they ordinarily trade in the territories of the other Parties and otherwise ensure that the use of business names is not unduly restricted.
Appears in 2 contracts
Samples: Free Trade Agreement, Free Trade Agreement
Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.
2. With Each Party shall maintain or institute as soon as practicable judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected service supplier of another Party, for the prompt review of, and where justified, appropriate remedies for, administrative decisions affecting trade in services. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Party shall ensure that the procedures in fact provide for an objective and impartial review.
3. Where authorisation is required for the supply of a view to ensuring that measures relating to service on which a specific commitment has been made, the competent authorities of a Party shall promptly, after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application. At the request of the applicant, the competent authorities of the Party shall provide, without undue delay, information concerning the status of the application.
4. The Parties shall jointly review the results of the negotiations on disciplines for certain regulations, including qualification requirements and procedures, technical standards and licensing requirements and procedures, do not constitute unnecessary barriers to trade in services, the Parties shall jointly review the results of the WTO negotiations on disciplines on such measuresrequirements, pursuant to Article VI.4 of the GATS, and shall amend this Article, as appropriate, after consultations among the Parties, with a view to bring the results of those negotiations their incorporation into effect under this Agreement. The Parties note that the such disciplines arising from such negotiations shall aim to ensure that qualification such requirements and procedures, technical standards and licensing requirements and procedures are, are inter alia:
(a) based on objective and transparent criteria, such as competence and the ability to supply the service;
(b) not more burdensome than necessary to ensure the quality of the service; and;
(c) in the case of licensing procedures, not in themselves a restriction on the supply of the service.
35. In sectors in which where a Party has undertaken specific commitments under Article 3 (National Treatment)commitments, Article 4 (Market Access) and Article 5 (Additional Commitments)subject to any terms, limitations, conditions or qualifications set out therein, pending the incorporation of the disciplines referred developed pursuant to in Paragraph 2paragraph 4, that a Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments under this Agreement in a manner which:
(a) does not comply with the criteria outlined in Paragraph 2(aparagraph 4 (a), (b) or (c); ) and
(b) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made.
46. In determining whether Whenever a Party domestic regulation is prepared, adopted and applied in conformity accordance with its obligations under Paragraph 3(a), account shall be taken of international standards of relevant international organisations organisations8 applied by a Party, there shall be a rebuttable presumption that Party.6
5. Where authorisation is required for it complies with the supply provisions of a service on which a specific commitment has been made, the competent authorities of that Party shall:
(a) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe;
(b) within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application;
(c) at the request of the applicant, provide, without undue delay, information concerning the status of the application under consideration; and
(d) if an application is terminated or denied, to the maximum extent possible, inform the applicant in writing, and without delay, the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new applicationthis Article.
67. In sectors where specific commitments regarding professional services are undertaken, each Party shall 6 The term “relevant international organisations” refers to international bodies whose membership is open to the relevant bodies of all the Parties. provide for adequate procedures to verify the competency competence of professionals of the other Partiesanother Party.
7. Subject to its domestic laws and regulations, each Party shall permit service suppliers of the other Parties to use the business names under which they ordinarily trade in the territories of the other Parties and otherwise ensure that the use of business names is not unduly restricted.
Appears in 2 contracts
Samples: Free Trade Agreement, Free Trade Agreement
Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Party shall ensure that all measures of general application affecting trade in services covered by this Title are administered in a reasonable, objective and impartial manner.
2. With a view to ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures, do not constitute unnecessary barriers to trade in services, the Parties shall jointly review the results of the WTO negotiations on disciplines on such measures, pursuant to Article VI.4 of GATS, and shall amend this Article, as appropriate, after consultations among the Parties, to bring the results of those negotiations into effect under this Agreement. The Parties note that the disciplines arising from such negotiations shall aim to ensure that qualification requirements and procedures, technical standards and licensing requirements and procedures are, inter alia:
(a) based on objective and transparent criteria, such as competence and the ability to supply the service;
(b) not more burdensome than necessary to ensure the quality of the service; and
(c) in the case of licensing procedures, not in themselves a restriction on the supply of the service.
3. In sectors in which a Party has undertaken specific commitments under Article 3 (National Treatment), Article 4 (Market Access) and Article 5 (Additional Commitments), pending the incorporation of the disciplines referred to in Paragraph 2, that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments under this Agreement in a manner which:
(a) does not comply with the criteria outlined in Paragraph 2(a), (b) or (c); and
(b) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made.
4. In determining whether a Party is in conformity with its obligations under Paragraph 3(a), account shall be taken of international standards of relevant international organisations applied by that Party.6
5. Where authorisation is required for the supply of a service on or establishment for which a specific commitment has been made, the competent authorities of that a Party shall:
(a) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe;
(b) within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application;
(c) at . At the request of the applicant, the competent authorities of the Party shall provide, without undue delay, information concerning the status of the application under considerationapplication.
3. Each Party shall maintain or institute judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected investor or service supplier, for a prompt review of, and where justified, appropriate remedies for, administrative decisions affecting establishment, cross border supply of services or temporary presence of natural persons for business purposes. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Parties shall ensure that the procedure in fact provides for an objective and impartial review.
4. Following the necessary consultations between the Parties, this Article shall be amended, as appropriate, so as to incor porate into this Title the results of any negotiation pursuant to Article VI.4 of the GATS or any similar negotiation undertaken in other multilateral fora in which the Parties participate once the resulting commitments enter into force.
5. Pending the completion of negotiations pursuant to Article VI:4 of the GATS as referred to in paragraph 4, no Party shall apply licensing and qualification requirements, procedures and technical standards, that nullify or impair their specific commitments in a manner which:
(a) does not comply with the criteria outlined in Article VI:4 (a), (b), (c) of the GATS; and
(db) if an application is terminated or denied, to could not reasonably have been expected of that Party at the maximum extent possible, inform time the applicant in writing, and without delay, the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new applicationspecific commitments were made.
6. In sectors where specific commitments regarding professional services are undertakendetermining whether a Party is in conformity with its obligations under paragraph 5, each Party account shall 6 The term “be taken of inter national standards of relevant international organisations” refers to international bodies whose membership organisations (40) applied by that Party. To the extent that trade in computer services is open liberalised in accordance with Chapters 2 (Establishment), 3 (Cross-Border Supply of Services) and 4 (Temporary Presence of Natural Persons for Business Purposes), the Parties subscribe to the relevant bodies of all the Parties. provide for adequate procedures to verify the competency of professionals of the other Parties.
7. Subject to its domestic laws and regulations, each Party shall permit service suppliers of the other Parties to use the business names under which they ordinarily trade understanding set out in the territories following subparagraphs:
(a) the CPC 84 code, used for describing computer and related services, covers the basic functions used to provide all computer and related services: computer programmes defined as the sets of instructions required to make computers work and communicate (including their devel opment and implementation), data processing and storage, and related services, such as consultancy and training services for staff of clients. Technological developments have led to the other Parties increased offering of these services as a bundle or package of related services that can include some or all of these basic functions. For example, services such as web or domain hosting, data mining services and otherwise ensure grid computing each consist of a combination of basic computer services functions;
(b) computer and related services, regardless of whether they are delivered via a network, including the Internet, include all services that the use of business names is not unduly restricted.provide:
Appears in 2 contracts
Samples: Trade Agreement, Trade Agreement
Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Party shall ensure that all measures of general application affecting trade in environmental and environmentally related services are administered in a reasonable, objective and impartial manner.
2. Each Party shall maintain or institute as soon as practicable judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected service supplier, for the prompt review of, and where justified, appropriate remedies for, administrative decisions affecting trade in services. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Party shall ensure that the procedures in fact provide for an objective and impartial review.
3. Where authorisation is required by a Party for the supply of a service on which a specific commitment has been made, the competent authorities of that Party shall, within a reasonable period of time after the submission of an application considered complete under that Party’s domestic laws and regulations has been submitted, inform the applicant of the decision concerning the application. At the request of the applicant, the competent authorities of that Party shall provide, without undue delay, information concerning the status of the application.
4. With a view to ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures, do not constitute unnecessary barriers to trade in services, the Parties Joint Commission shall jointly review the results of take a decision aiming at incorporating into this Agreement any disciplines developed in the WTO negotiations on disciplines on such measures, pursuant to paragraph 4 of Article VI.4 VI of GATS, and shall amend this Article, as appropriate, after consultations among the Parties, to bring the results of those negotiations into effect under this Agreement. The Parties note which states that the such disciplines arising from such negotiations shall aim to ensure that qualification such requirements and procedures, technical standards and licensing requirements and procedures are, are inter alia:
(a) based on objective and transparent criteria, such as competence and the ability to supply the service;
(b) not more burdensome than necessary to ensure the quality of the service; and
(c) in the case of licensing procedures, not in themselves a restriction on the supply of the service.
35. In sectors in which a Party has undertaken specific commitments under Article 3 (National Treatment), Article 4 (Market Access) and Article 5 (Additional Commitments)this Agreement, pending the incorporation entry into force of the disciplines referred developed in these sectors pursuant to in Paragraph 2paragraph 4, that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments under this Agreement in a manner which:which:9
(a) does not comply with the criteria outlined in Paragraph 2(asubparagraphs 4(a), (b4(b) or (c4(c); and
(b) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made.
46. In determining whether a Party is in conformity with its the obligations under Paragraph 3(a)of paragraph 5, account shall be taken of international standards of relevant international organisations organisations10 applied by that Party.6
5. Where authorisation is required for the supply of a service on which a specific commitment has been made, the competent authorities of that Party shall:
(a) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe;
(b) within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application;
(c) at the request of the applicant, provide, without undue delay, information concerning the status of the application under consideration; and
(d) if an application is terminated or denied, to the maximum extent possible, inform the applicant in writing, and without delay, the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new applicationParty.
67. In sectors where specific commitments regarding professional services are undertakenundertaken with regard to services listed in Annex IV (List of Environmental and Environmentally Related Services), each Party shall 6 The term “relevant international organisations” refers to international bodies whose membership is open to the relevant bodies of all the Parties. provide for adequate procedures to verify the competency competence of professionals of the any other PartiesParty.
78. Subject The Parties are encouraged to its undertake as additional commitments, in accordance with Article 3.7 (Additional Commitments), the disciplines on domestic laws regulation contained in Section II and regulations, each Party shall permit service suppliers III of the other Parties to use the business names under which they ordinarily trade in the territories of the other Parties and otherwise ensure that the use of business names is not unduly restrictedWTO Joint Statement Initiative on Domestic Regulation Reference Paper (INF/SDR/2).
Appears in 2 contracts
Samples: Agreement on Climate Change, Trade and Sustainability, Agreement on Climate Change, Trade and Sustainability
Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.
2. With a view to ensuring that measures relating to qualification requirements A. Each Party shall maintain or institute as soon as practicable judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected service supplier, for the prompt review of, and procedureswhere justified, technical standards and licensing requirements and proceduresappropriate remedies for, do not constitute unnecessary barriers to administrative decisions affecting trade in services. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Parties Party shall jointly review the results of the WTO negotiations on disciplines on such measures, pursuant to Article VI.4 of GATS, and shall amend this Article, as appropriate, after consultations among the Parties, to bring the results of those negotiations into effect under this Agreement. The Parties note ensure that the disciplines arising from such negotiations shall aim to ensure that qualification requirements and procedures, technical standards and licensing requirements and procedures are, inter alia:
(a) based on in fact provide for an objective and transparent criteria, impartial review.
B. The provisions of subparagraph A shall not be construed to require a Party to institute such as competence and tribunals or procedures where this would be inconsistent with its constitutional structure or the ability to supply the service;
(b) not more burdensome than necessary to ensure the quality nature of the service; and
(c) in the case of licensing procedures, not in themselves a restriction on the supply of the serviceits legal system.
3. In sectors in which a Party has undertaken specific commitments under Article 3 (National Treatment), Article 4 (Market Access) and Article 5 (Additional Commitments), pending the incorporation of the disciplines referred to in Paragraph 2, that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments under this Agreement in a manner which:
(a) does not comply with the criteria outlined in Paragraph 2(a), (b) or (c); and
(b) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made.
4. In determining whether a Party is in conformity with its obligations under Paragraph 3(a), account shall be taken of international standards of relevant international organisations applied by that Party.6
5. Where authorisation authorization is required for the supply of a service on which a specific commitment has been made, the competent authorities of that a Party shall:
(a) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe;
(b) within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application;
(c) at . At the request of the applicant, the competent authorities of the Party shall provide, without undue delay, information concerning the status of the application under consideration; and
(d) if an application is terminated or denied, to the maximum extent possible, inform the applicant in writing, and without delay, the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new application.
6A. The Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments in a manner which:
(i) does not comply with the following criteria:
(a) such requirements or standards shall be based on objective and transparent criteria, such as competence and the ability to supply the service;
(b) such requirements or standards shall not be more burdensome than necessary to ensure the quality of the service;
(c) in the case of licensing procedures, they shall not in themselves be a restriction on the supply of the service.
(ii) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made.
B. In determining whether a Party is in conformity with the obligation under sub- paragraph 4.A, account shall be taken of international standards of relevant international organizations3 applied by that Party.
5. In sectors where specific commitments regarding professional services are undertaken, each Party shall 6 The term “relevant international organisations” refers to international bodies whose membership is open to the relevant bodies of all the Parties. provide for adequate procedures to verify the competency competence of professionals of the other PartiesParty.
7. Subject to its domestic laws and regulations, each Party shall permit service suppliers of the other Parties to use the business names under which they ordinarily trade in the territories of the other Parties and otherwise ensure that the use of business names is not unduly restricted.
Appears in 1 contract
Samples: Trade Agreement
Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.
2. With a view to ensuring that measures relating to qualification requirements A. Each Party shall maintain or institute as soon as practicable judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected service supplier, for the prompt review of, and procedureswhere justified, technical standards and licensing requirements and proceduresappropriate remedies for, do not constitute unnecessary barriers to administrative decisions affecting trade in services. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Parties Party shall jointly review the results of the WTO negotiations on disciplines on such measures, pursuant to Article VI.4 of GATS, and shall amend this Article, as appropriate, after consultations among the Parties, to bring the results of those negotiations into effect under this Agreement. The Parties note ensure that the disciplines arising from such negotiations shall aim to ensure that qualification requirements and procedures, technical standards and licensing requirements and procedures are, inter alia:
(a) based on in fact provide for an objective and transparent criteria, impartial review.
B. The provisions of subparagraph A shall not be construed to require a Party to institute such as competence and tribunals or procedures where this would be inconsistent with its constitutional structure or the ability to supply the service;
(b) not more burdensome than necessary to ensure the quality nature of the service; and
(c) in the case of licensing procedures, not in themselves a restriction on the supply of the serviceits legal system.
3. In sectors in which a Party has undertaken specific commitments under Article 3 (National Treatment), Article 4 (Market Access) and Article 5 (Additional Commitments), pending the incorporation of the disciplines referred to in Paragraph 2, that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments under this Agreement in a manner which:
(a) does not comply with the criteria outlined in Paragraph 2(a), (b) or (c); and
(b) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made.
4. In determining whether a Party is in conformity with its obligations under Paragraph 3(a), account shall be taken of international standards of relevant international organisations applied by that Party.6
5. Where authorisation authorization is required for the supply of a service on which a specific commitment has been made, the competent authorities of that a Party shall:
(a) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe;
(b) within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application;
(c) at . At the request of the applicant, the competent authorities of the Party shall provide, without undue delay, information concerning the status of the application under consideration; and
(d) if an application is terminated or denied, to the maximum extent possible, inform the applicant in writing, and without delay, the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new application.
6A. The Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments in a manner which:
(i) does not comply with the following criteria:
(a) such requirements or standards shall be based on objective and transparent criteria, such as competence and the ability to supply the service;
(b) such requirements or standards shall not be more burdensome than necessary to ensure the quality of the service;
(c) in the case of licensing procedures, they shall not in themselves be a restriction on the supply of the service.
(ii) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made.
B. In determining whether a Party is in conformity with the obligation under sub- patagraph 4.A, account shall be taken of international standards of relevant international organizations (3) applied by that Party.
5. In sectors where specific commitments regarding professional services are undertaken, each Party shall 6 The term “relevant international organisations” refers to international bodies whose membership is open to the relevant bodies of all the Parties. provide for adequate procedures to verify the competency competence of professionals of the other PartiesParty.
7. Subject to its domestic laws and regulations, each Party shall permit service suppliers of the other Parties to use the business names under which they ordinarily trade in the territories of the other Parties and otherwise ensure that the use of business names is not unduly restricted.
Appears in 1 contract
Samples: Trade Agreement
Domestic Regulation. 1. In sectors where specific commitments are undertakenundertaken under Part III, each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.
2. With a view to ensuring that measures relating to qualification requirements (a) Each Party shall maintain or institute as soon as practicable judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected service supplier, for the prompt review of, and procedureswhere justified, technical standards and licensing requirements and proceduresappropriate remedies for, do not constitute unnecessary barriers to administrative decisions affecting trade in services. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Parties Party shall jointly review the results of the WTO negotiations on disciplines on such measures, pursuant to Article VI.4 of GATS, and shall amend this Article, as appropriate, after consultations among the Parties, to bring the results of those negotiations into effect under this Agreement. The Parties note ensure that the disciplines arising from such negotiations shall aim to ensure that qualification requirements and procedures, technical standards and licensing requirements and procedures are, inter alia:
(a) based on in fact provide for an objective and transparent criteria, such as competence and the ability to supply the service;impartial review.
(b) The provisions of subparagraph (a) shall not more burdensome than necessary be construed to ensure require a Party to institute such tribunals or procedures where this would be inconsistent with its constitutional structure or the quality nature of the service; and
(c) in the case of licensing procedures, not in themselves a restriction on the supply of the serviceits legal system.
3. In sectors in which a Party has undertaken specific commitments under Article 3 (National Treatment), Article 4 (Market Access) and Article 5 (Additional Commitments), pending the incorporation of the disciplines referred to in Paragraph 2, that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments under this Agreement in a manner which:
(a) does not comply with the criteria outlined in Paragraph 2(a), (b) or (c); and
(b) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made.
4. In determining whether a Party is in conformity with its obligations under Paragraph 3(a), account shall be taken of international standards of relevant international organisations applied by that Party.6
5. Where authorisation authorization is required for the supply of a service on which a specific commitment under this Agreement has been made, the competent authorities of that each Party shall:
(a) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe;
(b) within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application;
(c) at the request of the applicant, provide, provide without undue delay, information concerning the status of the application under considerationapplication; and
(dc) if an application is terminated or denied, to the maximum extent possible, possible inform the applicant in writing, writing and without delay, delay the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new application.
64. With the objective of ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements do not constitute unnecessary barriers to trade in services, the Parties shall jointly review the results of the negotiations on disciplines on these measures, pursuant to Article VI.4 of GATS, with a view to their incorporation into this Agreement. The Parties note that such disciplines aim to ensure that such requirements are, inter alia:
(a) based on objective and transparent criteria, such as competence and the ability to supply the service;
(b) not more burdensome than necessary to ensure the quality of the service;
(c) in the case of licensing procedures, not in themselves a restriction on the supply of the service.
(a) In sectors where in which a Party has undertaken specific commitments regarding professional services are undertakenunder Part III, each pending the incorporation of the disciplines referred to in paragraph 4 of this Article, that Party shall 6 The term “not apply licensing and qualification requirements and technical standards that nullify or impair its obligation under this Agreement in a manner which:
(i) does not comply with the criteria outlined in subparagraphs 4(a), (b) or (c) of this Article; and
(ii) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made.
(b) In determining whether a Party is in conformity with the obligation under paragraph 5(a) of this Article, account shall be taken of international standards of relevant international organisations” refers to international bodies whose membership is open to the relevant bodies of all the Parties. provide for adequate procedures to verify the competency of professionals of the other Partiesorganisations4 applied by that Party.
7. Subject to its domestic laws and regulations, each Party shall permit service suppliers of the other Parties to use the business names under which they ordinarily trade in the territories of the other Parties and otherwise ensure that the use of business names is not unduly restricted.
Appears in 1 contract
Samples: Trade in Services Agreement
Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.
2. With Each Party shall maintain or institute as soon as practicable judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected service supplier of the other Party, for the prompt review of, and where justified, appropriate remedies for, administrative decisions affecting trade in services. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Party shall ensure that the procedures in fact provide for an objective and impartial review.
3. The provisions of paragraph 2 above shall not be construed to require a view Party to ensuring institute such tribunals or procedures where this would be inconsistent with its constitutional structure or the nature of its legal system.
4. Where authorization is required for the supply of a service on which a specific commitment has been made, the competent authorities of a Party shall, within a reasonable period of time after the submission of an application considered complete under that measures relating Party’s domestic laws and regulations, inform the applicant of the decision concerning the application. At the request of the applicant, the competent authorities of the Party shall provide, without undue delay, information concerning the status of the application.
5. In sectors where a Party has undertaken specific commitments subject to any terms, limitations, conditions or qualifications set out therein, the Party shall not apply licensing and qualification requirements and procedures, technical standards and licensing requirements and procedures, do not constitute unnecessary barriers to trade that nullify or impair such specific commitments in services, the Parties shall jointly review the results of the WTO negotiations on disciplines on such measures, pursuant to Article VI.4 of GATS, and shall amend this Article, as appropriate, after consultations among the Parties, to bring the results of those negotiations into effect under this Agreement. The Parties note that the disciplines arising from such negotiations shall aim to ensure that qualification requirements and procedures, technical standards and licensing requirements and procedures are, inter aliaa manner which:
(a) does not comply with the following criteria:
(i) based on objective and transparent criteria, such as competence and the ability to supply the service;
(bii) not more burdensome than necessary to ensure the quality of the service; andor
(ciii) in the case of licensing procedures, not in themselves a restriction on the supply of the service.
3. In sectors in which a Party has undertaken specific commitments under Article 3 (National Treatment), Article 4 (Market Access) and Article 5 (Additional Commitments), pending the incorporation of the disciplines referred to in Paragraph 2, that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments under this Agreement in a manner which:
(a) does not comply with the criteria outlined in Paragraph 2(a), (b) or (c); and
(b) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made.
46. In determining whether a Party is in conformity with its obligations under Paragraph 3(a)paragraph 5 above, account shall be taken of international standards of relevant international organisations applied by organizations(Note) applicable to that Party.6
5Party. Where authorisation is required for the supply of a service on which a specific commitment has been made, the competent authorities of that Party shall:
(a) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe;
(b) within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application;
(c) at the request of the applicant, provide, without undue delay, information concerning the status of the application under consideration; and
(d) if an application is terminated or denied, to the maximum extent possible, inform the applicant in writing, and without delay, the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new application.
6. In sectors where specific commitments regarding professional services are undertaken, each Party shall 6 Note: The term “relevant international organisationsorganizations” refers to international bodies whose membership is open to the relevant bodies of all the Parties. provide for adequate procedures to verify the competency of professionals of the other both Parties.
7. Subject to its domestic laws and regulations, each Party shall permit service suppliers of the other Parties to use the business names under which they ordinarily trade in the territories of the other Parties and otherwise ensure that the use of business names is not unduly restricted.
Appears in 1 contract
Samples: Economic Partnership Agreement
Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.
2. With Each Party shall maintain or institute as soon as practicable judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected service supplier of another Party, for the prompt review of, and where justified, appropriate remedies for, administrative decisions affecting trade in services. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Party shall ensure that the procedures in fact provide for an objective and impartial review.
3. Where authorisation is required for the supply of a view to ensuring that measures relating to service on which a specific commitment has been made, the competent authorities of a Party shall promptly, after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application. At the request of the applicant, the competent authorities of the Party shall provide, without undue delay, information concerning the status of the application.
4. The Parties shall jointly review the results of the negotiations on disciplines for certain regulations, including qualification requirements and procedures, technical standards and licensing requirements and procedures, do not constitute unnecessary barriers to trade in services, the Parties shall jointly review the results of the WTO negotiations on disciplines on such measuresrequirements, pursuant to Article VI.4 of the GATS, and shall amend this Article, as appropriate, after consultations among the Parties, with a view to bring the results of those negotiations their incorporation into effect under this Agreement. The Parties note that the such disciplines arising from such negotiations shall aim to ensure that qualification such requirements and procedures, technical standards and licensing requirements and procedures are, are inter alia:
(a) based on objective and transparent criteria, such as competence and the ability to supply the service;
(b) not more burdensome than necessary to ensure the quality of the service; and;
(c) in the case of licensing procedures, not in themselves a restriction on the supply of the service.
35. In sectors in which where a Party has undertaken specific commitments under Article 3 (National Treatment)commitments, Article 4 (Market Access) and Article 5 (Additional Commitments)subject to any terms, limitations, conditions or qualifications set out therein, pending the incorporation of the disciplines referred developed pursuant to in Paragraph 2paragraph 4, that a Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments under this Agreement in a manner which:
(a) does not comply with the criteria outlined in Paragraph 2(aparagraph 4 (a), (b) or (c); ) and
(b) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made.
46. In determining whether Whenever a Party domestic regulation is prepared, adopted and applied in conformity accordance with its obligations under Paragraph 3(a), account shall be taken of international standards of relevant international organisations (8) applied by a Party, there shall be a rebuttable presumption that Party.6
5. Where authorisation is required for it complies with the supply provisions of a service on which a specific commitment has been made, the competent authorities of that Party shall:
(a) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe;
(b) within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application;
(c) at the request of the applicant, provide, without undue delay, information concerning the status of the application under consideration; and
(d) if an application is terminated or denied, to the maximum extent possible, inform the applicant in writing, and without delay, the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new applicationthis Article.
67. In sectors where specific commitments regarding professional services are undertaken, each Party shall 6 The term “relevant international organisations” refers to international bodies whose membership is open to the relevant bodies of all the Parties. provide for adequate procedures to verify the competency competence of professionals of the other Partiesanother Party.
7. Subject to its domestic laws and regulations, each Party shall permit service suppliers of the other Parties to use the business names under which they ordinarily trade in the territories of the other Parties and otherwise ensure that the use of business names is not unduly restricted.
Appears in 1 contract
Samples: Free Trade Agreement
Domestic Regulation. 1. In sectors where specific commitments are undertakenundertaken under Articles 50.17 through 50.23, each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.
2(a) Each Party shall maintain or institute as soon as practicable judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected service supplier, for the prompt review of, and where justified, appropriate remedies for, administrative decisions affecting trade in services. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Party shall ensure that the procedures in fact provide for an objective and impartial review.
(b) Subparagraph 2(a) shall not be construed to require a Party to institute such tribunals or procedures where this would be inconsistent with its constitutional structure or the nature of its legal system.
3. Where authorisation is required for the supply of a service on which a specific commitment under this Chapter has been made, the competent authorities of each Party shall:
(a) in the case of an incomplete application, at the request of the applicant, identify, where practicable, all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe;
(b) at the request of the applicant, provide, without undue delay, information concerning the status of the application; and
(c) if an application is terminated or denied, to the extent possible and required under its laws and regulations, inform the applicant, in writing and without delay, of the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new application.
4. The competent authorities of a Party shall endeavour, in accordance with the laws and regulations of the Party, to establish standards for taking administrative decisions in response to submitted applications. The competent authorities shall endeavour to:
(a) make such standards as specific as possible; and
(b) make such standards publicly available except when it would extraordinarily raise administrative difficulties for the Party.
5. The competent authorities of a Party shall endeavour, in accordance with the laws and regulations of the Party, to:
(a) establish standard periods of time between the receipt of applications by the competent authorities and the administrative decisions taken in response to submitted applications; and
(b) make publicly available such periods of time, if established.
6. With a view to ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures, of service suppliers of another Party do not constitute unnecessary barriers to trade in services, the Parties shall jointly review the results of the WTO negotiations on disciplines on such measures, pursuant to Article VI.4 of GATS, and shall amend this Article, as appropriate, after consultations among the Parties, to bring the results of those negotiations into effect under this Agreement. The Parties note that the disciplines arising from such negotiations each Party shall aim to ensure that qualification such requirements and procedures, technical standards and licensing requirements and procedures are, inter alia:
(a) based on objective and transparent criteria, such as competence and the ability to supply the service;
(b) not more burdensome than necessary to ensure the quality of the service; and
(c) in the case of licensing procedures, not in themselves a restriction on the supply of the service.
3. (a) In sectors in which a Party has undertaken specific commitments under Article 3 (National Treatment)subject to any terms, Article 4 (Market Access) and Article 5 (Additional Commitments)limitations, pending the incorporation of the disciplines referred to in Paragraph 2conditions or qualifications set out therein, that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments its obligation under this Agreement Chapter in a manner which:
(ai) does not comply with the criteria outlined in Paragraph 2(asubparagraph 6(a), (b) or (c); and
(bii) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made.
4. (b) In determining whether a Party is in conformity with its obligations the obligation under Paragraph 3(asubparagraph 7(a), account shall be taken of international standards of relevant international organisations applied by that Party.6
5. Where authorisation is required for the supply of a service on which a specific commitment has been made, the competent authorities of that Party shall:
(a) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe;
(b) within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application;
(c) at the request of the applicant, provide, without undue delay, information concerning the status of the application under consideration; and
(d) if an application is terminated or denied, to the maximum extent possible, inform the applicant in writing, and without delay, the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new applicationParty.
6. In sectors where specific commitments regarding professional services are undertaken, each Party shall 6 The term “relevant international organisations” refers to international bodies whose membership is open to the relevant bodies of all the Parties. provide for adequate procedures to verify the competency of professionals of the other Parties.
7. Subject to its domestic laws and regulations, each Party shall permit service suppliers of the other Parties to use the business names under which they ordinarily trade in the territories of the other Parties and otherwise ensure that the use of business names is not unduly restricted.
Appears in 1 contract
Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.
2. With a view to ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures, do not constitute unnecessary barriers to trade in services, the Parties shall jointly review the results of the WTO negotiations on disciplines on such measures, pursuant to Article VI.4 of GATS, and shall amend this Article, as appropriate, after consultations among the Parties, to bring the results of those negotiations into effect under this Agreement. The Parties note that the disciplines arising from such negotiations shall aim to ensure that qualification requirements and procedures, technical standards and licensing requirements and procedures are, inter alia:
(a) based on objective and transparent criteria, such as competence and the ability to supply the service;
(b) not more burdensome than necessary to ensure the quality of the service; and
(c) in the case of licensing procedures, not in themselves a restriction on the supply of the service.
3. In sectors in which a Party has undertaken specific commitments under Article 3 (National Treatment), Article 4 (Market Access) and Article 5 (Additional Commitments), pending the incorporation of the disciplines referred to in Paragraph 2, that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments under this Agreement in a manner which:
(a) does not comply with the criteria outlined in Paragraph 2(a), (b) or (c); and
(b) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made.
4. In determining whether a Party is in conformity with its obligations under Paragraph 3(a), account shall be taken of international standards of relevant international organisations applied by that Party.6Party.15
5. Where authorisation is required for the supply of a service on which a specific commitment has been made, the competent authorities of that Party shall:
(a) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe;
(b) within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application;
(c) at the request of the applicant, provide, without undue delay, information concerning the status of the application under consideration; and
(d) if an application is terminated or denied, to the maximum extent possible, inform the applicant in writing, and without delay, the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new application.
6. In sectors where specific commitments regarding professional services are undertaken, each Party shall 6 The term “relevant international organisations” refers to international bodies whose membership is open to the relevant bodies of all the Parties. provide for adequate procedures to verify the competency of professionals of the other Parties.
7. Subject to its domestic laws and regulations, each Party shall permit service suppliers of the other Parties to use the business names under which they ordinarily trade in the territories of the other Parties and otherwise ensure that the use of business names is not unduly restricted.
Appears in 1 contract
Samples: Free Trade Agreement
Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.
2. With a view to ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures, do not constitute unnecessary barriers to trade in services, the Parties shall jointly review the results of the WTO negotiations on disciplines on such measures, pursuant to Article VI.4 of GATS, and shall amend this Article, as appropriate, after consultations among between the Parties, to bring the results of those negotiations into effect under this Agreement. The Parties note that the disciplines arising from such negotiations shall aim to ensure that qualification requirements and procedures, technical standards and licensing requirements and procedures are, inter alia:
(a) based on objective and transparent criteria, such as competence and the ability to supply the service;
(b) not more burdensome than necessary to ensure the quality of the service; and
(c) in the case of licensing procedures, not in themselves a restriction on the supply of the service.
3. In sectors in which a Party has undertaken specific commitments under Article 3 8.3 (National Treatment), Article 4 8.5 (Market Access) and Article 5 8.7 (Additional Commitments), pending the incorporation of the disciplines referred to in Paragraph paragraph 2, that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments under this Agreement in a manner which:
(a) does not comply with the criteria outlined in Paragraph subparagraphs 2(a), (b) or (c); and
(b) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made.
4. In determining whether a Party is in conformity with its obligations under Paragraph subparagraph 3(a), account shall be taken of international standards of relevant international organisations applied by that Party.6Party .
5. Where authorisation is required for the supply of a service on which a specific commitment has been made, the competent authorities of that Party shall:
(a) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe;
(b) within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application;
(c) at the request of the applicant, provide, without undue delay, information concerning the status of the application under consideration; and
(d) if an application is terminated or denied, to the maximum extent possible, inform the applicant in writing, and without delay, the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new application.
6. In sectors where specific commitments regarding professional services are undertaken, each Party shall 6 The term “relevant international organisations” refers to international bodies whose membership is open to the relevant bodies of all the Parties. provide for adequate procedures to verify the competency of professionals of the other Parties.
7. Subject to its domestic laws and regulations, each Party shall permit service suppliers of the other Parties to use the business names under which they ordinarily trade in the territories of the other Parties and otherwise ensure that the use of business names is not unduly restricted.
Appears in 1 contract
Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.
2. With Each Party shall maintain or institute as soon as practicable judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected service supplier of another Party, for the prompt review of, and where justified, appropriate remedies for, administrative decisions affecting trade in services. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Party shall ensure that the procedures in fact provide for an objective and impartial review.
3. Where authorisation is required for the supply of a view to ensuring that measures relating to service on which a specific commitment has been made, the competent authorities of a Party shall promptly, after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application. At the request of the applicant, the competent authorities of the Party shall provide, without undue delay, information concerning the status of the application.
4. The Parties shall jointly review the results of the negotiations on disciplines for certain regulations, including qualification requirements and procedures, technical standards and licensing requirements and procedures, do not constitute unnecessary barriers to trade in services, the Parties shall jointly review the results of the WTO negotiations on disciplines on such measuresrequirements, pursuant to Article VI.4 of the GATS, and shall amend this Article, as appropriate, after consultations among the Parties, with a view to bring the results of those negotiations their incorporation into effect under this Agreement. The Parties note that the such disciplines arising from such negotiations shall aim to ensure that qualification such requirements and procedures, technical standards and licensing requirements and procedures are, are inter alia:
(a) based on objective and transparent criteria, such as competence and the ability to t o supply the service;
(b) not more burdensome than necessary to ensure the quality of the service; and;
(c) in the case of licensing procedures, not in themselves a restriction on the supply of the service.
35. In sectors in which where a Party has undertaken specific commitments under Article 3 (National Treatment)commitments, Article 4 (Market Access) and Article 5 (Additional Commitments)subject to any terms, limitations, conditions or qualifications set out therein, pending the incorporation of the disciplines referred developed pursuant to in Paragraph 2paragraph 4, that a Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments under this Agreement in a manner which:
(a) does not comply with the criteria outlined in Paragraph 2(aparagraph 4 (a), (b) or (c); ) and
(b) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made.
46. In determining whether Whenever a Party domestic regulation is prepared, adopted and applied in conformity accordance with its obligations under Paragraph 3(a), account shall be taken of international standards of relevant international organisations organisations[7] applied by a Party, there shall be a rebuttable presumption that Party.6it complies with the provisions of this
5. Where authorisation is required for the supply of a service on which a specific commitment has been made, the competent authorities of that Party shall:
(a) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe;
(b) within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application;
(c) at the request of the applicant, provide, without undue delay, information concerning the status of the application under consideration; and
(d) if an application is terminated or denied, to the maximum extent possible, inform the applicant in writing, and without delay, the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new application.
67. In sectors where specific commitments regarding professional services are undertaken, each Party shall 6 The term “relevant international organisations” refers to international bodies whose membership is open to the relevant bodies of all the Parties. provide for adequate procedures to verify the competency competence of professionals of the other Partiesanother Party.
7. Subject to its domestic laws and regulations, each Party shall permit service suppliers of the other Parties to use the business names under which they ordinarily trade in the territories of the other Parties and otherwise ensure that the use of business names is not unduly restricted.
Appears in 1 contract
Samples: Free Trade Agreement
Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.
2. With a view to ensuring that measures relating to qualification requirements A. Each Party shall maintain or institute as soon as practicable judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected service supplier, for the prompt review of, and procedureswhere justified, technical standards and licensing requirements and proceduresappropriate remedies for, do not constitute unnecessary barriers to administrative decisions affecting trade in services. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Parties Party shall jointly review the results of the WTO negotiations on disciplines on such measures, pursuant to Article VI.4 of GATS, and shall amend this Article, as appropriate, after consultations among the Parties, to bring the results of those negotiations into effect under this Agreement. The Parties note ensure that the disciplines arising from such negotiations shall aim to ensure that qualification requirements and procedures, technical standards and licensing requirements and procedures are, inter alia:
(a) based on in fact provide for an objective and transparent criteria, impartial review.
B. The provisions of subparagraph A shall not be construed to require a Party to institute such as competence and tribunals or procedures where this would be inconsistent with its constitutional structure or the ability to supply the service;
(b) not more burdensome than necessary to ensure the quality nature of the service; and
(c) in the case of licensing procedures, not in themselves a restriction on the supply of the serviceits legal system.
3. In sectors in which a Party has undertaken specific commitments under Article 3 (National Treatment), Article 4 (Market Access) and Article 5 (Additional Commitments), pending the incorporation of the disciplines referred to in Paragraph 2, that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments under this Agreement in a manner which:
(a) does not comply with the criteria outlined in Paragraph 2(a), (b) or (c); and
(b) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made.
4. In determining whether a Party is in conformity with its obligations under Paragraph 3(a), account shall be taken of international standards of relevant international organisations applied by that Party.6
5. Where authorisation authorization is required for the supply of a service on which a specific commitment has been made, the competent authorities of that a Party shall:
(a) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe;
(b) within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application;
(c) at . At the request of the applicant, the competent authorities of the Party shall provide, without undue delay, information concerning the status of the application under consideration; and
(d) if an application is terminated or denied, to the maximum extent possible, inform the applicant in writing, and without delay, the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new application.
6A. The Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments in a manner which:
(i) does not comply with the following criteria:
(a) such requirements or standards shall be based on objective and transparent criteria, such as competence and the ability to supply the service;
(b) such requirements or standards shall not be more burdensome than necessary to ensure the quality of the service;
(c) in the case of licensing procedures, they shall not in themselves be a restriction on the supply of the service.
(ii) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made.
B. In determining whether a Party is in conformity with the obligation under sub- paragraph 4.A, account shall be taken of international standards of relevant international organizations 3 applied by that Party.
5. In sectors where specific commitments regarding professional services are undertaken, each Party shall 6 The term “relevant international organisations” refers to international bodies whose membership is open to the relevant bodies of all the Parties. provide for adequate procedures to verify the competency competence of professionals of the other PartiesParty.
7. Subject to its domestic laws and regulations, each Party shall permit service suppliers of the other Parties to use the business names under which they ordinarily trade in the territories of the other Parties and otherwise ensure that the use of business names is not unduly restricted.
Appears in 1 contract
Samples: Agreement on Copyright Relations
Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.
2. Each Party shall maintain or institute, as soon as practicable, judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected service supplier of another Party, for the prompt review of, and where justified, appropriate remedies for, administrative decisions affecting trade in services. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Party shall ensure that the procedures in fact provide for an objective and impartial review.
3. Where authorisation is required by a Party for the supply of a service, the competent authorities of that Party shall, within a reasonable period of time after the submission of an application is considered complete under that Party’s domestic laws and regulations, inform the applicant of the decision concerning the application. At the request of the applicant, the competent authorities of that Party shall provide, without undue delay, information concerning the status of the application.
4. Each Party shall ensure that measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures, in all services sectors, are based on objective and transparent criteria, such as competence and the ability to supply the service.
5. With a view to ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures, procedures do not constitute unnecessary barriers to trade in services, the Parties Joint Committee shall jointly review take a decision aiming at incorporating into the results Agreement any disciplines developed in the WTO in accordance with paragraph 4 of Article VI of the WTO negotiations on disciplines on such measures, pursuant to Article VI.4 of GATS, and shall amend this Article, as appropriate, after consultations among the Parties, to bring the results of those negotiations into effect under this Agreement. The Parties note that may also, jointly or bilaterally, decide to develop further disciplines.
(a) In sectors in which a Party has undertaken specific commitments, pending the entry into force of a decision incorporating WTO disciplines arising from such negotiations for these sectors pursuant to paragraph 5, and, if agreed between Parties, disciplines developed jointly or bilaterally under this Agreement pursuant to paragraph 5, the Party shall aim to ensure that not apply qualification requirements and procedures, technical standards and licensing requirements and procedures are, inter aliathat nullify or impair such specific commitments in a manner which is:
(ai) based on objective and transparent criteria, such as competence and the ability to supply the service;
(b) not more burdensome than necessary to ensure the quality of the service; andor
(cii) in the case of licensing procedures, not in themselves itself a restriction on the supply of the service.
3. In sectors in which a Party has undertaken specific commitments under Article 3 (National Treatment), Article 4 (Market Access) and Article 5 (Additional Commitments), pending the incorporation of the disciplines referred to in Paragraph 2, that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments under this Agreement in a manner which:
(a) does not comply with the criteria outlined in Paragraph 2(a), (b) or (c); and
(b) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made.
4. In determining whether a Party is in conformity with its obligations the obligation under Paragraph 3(asubparagraph (a), account shall be taken of international standards of relevant international organisations organisations7 applied by that Party.6
5. Where authorisation is required for the supply of a service on which a specific commitment has been made, the competent authorities of that Party shall:
(a) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe;
(b) within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application;
(c) at the request of the applicant, provide, without undue delay, information concerning the status of the application under consideration; and
(d) if an application is terminated or denied, to the maximum extent possible, inform the applicant in writing, and without delay, the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new applicationParty.
67. In sectors where specific commitments regarding professional services are undertaken, each Each Party shall 6 The term “relevant international organisations” refers to international bodies whose membership is open to the relevant bodies of all the Parties. provide for adequate procedures to verify the competency competence of professionals of the other Partiesanother Party.
7. Subject to its domestic laws and regulations, each Party shall permit service suppliers of the other Parties to use the business names under which they ordinarily trade in the territories of the other Parties and otherwise ensure that the use of business names is not unduly restricted.
Appears in 1 contract