Common use of Domestic Regulation Clause in Contracts

Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Member shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner. (a) Each Member 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 Member 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 Member to institute such tribunals or procedures where this would be inconsistent with its constitutional structure or the nature of its legal system. 3. Where authorization is required for the supply of a service on which a specific commitment has been made, the competent authorities of a Member shall, 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. At the request of the applicant, the competent authorities of the Member 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 do not constitute unnecessary barriers to trade in services, the Council for Trade in Services shall, through appropriate bodies it may establish, develop any necessary disciplines. Such disciplines shall 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 Member has undertaken specific commitments, pending the entry into force of disciplines developed in these sectors pursuant to paragraph 4, the Member 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 criteria outlined in subparagraphs 4(a), (b) or (c); and (ii) could not reasonably have been expected of that Member at the time the specific commitments in those sectors were made. (b) In determining whether a Member is in conformity with the obligation under paragraph 5(a), account shall be taken of international standards of relevant international organizations3 applied by that Member. 6. In sectors where specific commitments regarding professional services are undertaken, each Member shall provide for adequate procedures to verify the competence of professionals of any other Member.

Appears in 11 contracts

Samples: General Agreement on Trade in Services (Gats), General Agreement on Trade in Services, General Agreement on Trade in Services

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Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Member Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner. (a) 2. Each Member 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 suppliersupplier 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 Member Party shall ensure that the procedures in fact provide for an objective and impartial review. (b) 3. The provisions of subparagraph (a) paragraph 2 shall not be construed to require a Member Party to institute such tribunals or procedures where this would be inconsistent with its constitutional structure or the nature of its legal system. 34. Where authorization authorisation is required for the supply of a service on which a specific commitment has been made, the competent authorities of a Member Party shall, 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. At the request of the applicant, the competent authorities of the Member Party shall provide, without undue delay, information concerning the status of the application. 45. With a view to the objective of ensuring that domestic regulation, including measures relating to qualification requirements and procedures, technical standards and licensing requirements requirements, do not constitute unnecessary barriers to trade in services, the Council for Parties shall jointly review the results of the negotiations on disciplines on these measures, pursuant to Article VI.4 of the WTO General Agreement on Trade in Services shall(GATS), through appropriate bodies it may establish, develop any necessary disciplineswith a view to their incorporation into this Chapter. Such The Parties note that such disciplines shall aim to ensure that such requirements 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; (c) in the case of licensing procedures, not in themselves a restriction on the supply of the service. (a) In 6. Pending the incorporation of disciplines pursuant to paragraph 5; for sectors in which where a Member Party has undertaken specific commitmentscommitments and subject to any terms, pending the entry into force of disciplines developed in these sectors pursuant to paragraph 4limitations, the Member conditions or qualifications set out therein, a Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments in a manner which: (ia) does not comply with the criteria outlined in subparagraphs 4(aparagraphs 5(a), (b5(b) or (c5(c); and (iib) could not reasonably have been expected of that Member Party at the time the specific commitments in those sectors were made. (b) 7. In determining whether a Member Party is in conformity with the obligation under paragraph 5(a)6, account shall be taken of international standards of relevant international organizations3 organisations7-6 applied by that MemberParty. 68. In sectors where specific commitments regarding professional services are undertaken, each Member Party shall provide for adequate procedures to verify the competence of professionals of any other Memberthe other.

Appears in 8 contracts

Samples: Comprehensive Economic Cooperation Agreement, Comprehensive Economic Cooperation Agreement, Comprehensive Economic Cooperation Agreement

Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Member Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner. (a) Each Member 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 Member 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 Member 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 authorization authorisation is required for the supply of a service on which a specific commitment has been made, the competent authorities of a Member Party shall, 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. At the request of the applicant, the competent authorities of the Member 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 licencing requirements do not constitute unnecessary barriers to trade in services, the Council for Trade in Services Implementing Committee shall, through appropriate bodies it may establish, develop any necessary disciplines. Such disciplines shall 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 licencing procedures, not in themselves a restriction on the supply of the service. (a) In sectors in which a Member Party has undertaken specific commitments, pending the entry into force of disciplines developed in these sectors pursuant to paragraph 4, the Member Party shall not apply licensing licencing and qualification requirements and technical standards that nullify or impair such specific commitments 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 Member Party at the time the specific commitments in those sectors were made. (b) In determining whether a Member Party is in conformity with the obligation under paragraph 5(a), account shall be taken of international standards of relevant international organizations3 organisations5 applied by that MemberParty. 6. In sectors where specific commitments regarding professional services are undertaken, each Member Party shall provide for adequate procedures to verify the competence of professionals of any other MemberParty.

Appears in 8 contracts

Samples: Trade in Services Agreement, Trade in Services Agreement, Trade in Services Agreement

Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Member Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner. (a) 2. Each Member 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 suppliersupplier 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 Member 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 Member to institute such tribunals or procedures where this would be inconsistent with its constitutional structure or the nature of its legal system. 3. Where authorization authorisation is required for the supply of a service on which a specific commitment has been madeservice, the competent authorities of a Member shallParty shall promptly, within a reasonable period of time after the submission of an application is 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 Member Party shall provide, without undue delay, information concerning the status of the application. 4. With a view to ensuring that The Parties shall jointly review the results of the negotiations on disciplines for measures relating to qualification requirements and procedures, technical standards and licensing requirements pursuant to Article VI.4 of the GATS aiming to ensure that such measure do not constitute unnecessary barriers to trade in services, the Council for Trade in Services shall, through appropriate bodies it may establish, develop any necessary disciplineswith a view to their incorporation into this Agreement. Such The Parties note that such disciplines shall 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) 5. In sectors in which a Member Party has undertaken specific commitments, pending until the entry into force incorporation of disciplines developed in these sectors pursuant to paragraph 4, the Member a Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments in a manner which: (ia) does not comply with the criteria outlined in subparagraphs 4(aparagraphs 4 (a), (b) or (c); and (iib) could not reasonably have been expected of that Member Party at the time of the specific commitments in those sectors were made. (b) In determining whether a Member is in conformity with conclusion of the obligation under paragraph 5(a), account shall be taken negotiation of international standards of relevant international organizations3 applied by that Memberthe present agreement. 6. In sectors where specific commitments regarding professional services are undertakenWhenever a domestic regulation is prepared, each Member adopted and applied in accordance with international standards applied by both Parties, it shall be rebuttably presumed to comply with the provisions of this Article. 7. Each Party shall provide for adequate procedures to verify the competence of professionals of any other Memberanother Party.

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 Member Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner. (a) 2. Each Member 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 suppliersupplier 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 Member Party shall ensure that the procedures in fact provide for an objective and impartial review. (b) 3. The provisions of subparagraph (a) paragraph 2 of this Article shall not be construed to require a Member Party to institute such tribunals or procedures where this would be inconsistent with its constitutional structure or the nature of its legal system. 34. Where authorization is required for the supply of a service on which a specific commitment has been made, the competent authorities of a Member Party shall, 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. At the request of the applicant, the competent authorities of the Member Party shall provide, without undue delay, information concerning the status of the application. 45. With a view to the objective of ensuring that domestic regulation, including measures relating to qualification requirements and procedures, technical standards and licensing requirements do requirements, does not constitute an unnecessary barriers barrier to trade in services, the Council for Trade in Services shallParties shall jointly review the results of the negotiations on disciplines on these measures, through appropriate bodies it may establishpursuant to paragraph 4 of Article VI of the GATS, develop any necessary disciplineswith a view to their incorporation into this Chapter. Such The Parties note that such disciplines shall 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 6. Pending the incorporation of disciplines pursuant to paragraph 5 of this Article, for sectors in which where a Member Party has undertaken specific commitmentscommitments and subject to any terms, pending the entry into force of disciplines developed in these sectors pursuant to paragraph 4limitations, the Member conditions or qualifications set out therein, a Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments in a manner which: (ia) does not comply with the criteria outlined in subparagraphs 4(a(a), , (b) or (c)) of paragraph 5 of this Article; and (ii) could not reasonably have been expected of that Member at the time the specific commitments in those sectors were made. (b) In determining whether a Member is in conformity with the obligation under paragraph 5(a), account shall be taken of international standards of relevant international organizations3 applied by that Member. 6. In sectors where specific commitments regarding professional services are undertaken, each Member shall provide for adequate procedures to verify the competence of professionals of any other Member.

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 Member Each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner. (a) 2. Each Member Party shall maintain or institute as soon as practicable ensure that its judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected service supplier, provide for the prompt review of, and where justified, appropriate remedies for, administrative decisions affecting trade in servicesservices are open on a non-discriminatory basis to service suppliers of the other Party. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Member Party shall ensure that the procedures in fact provide for an objective and impartial review. (b) The provisions 3. Paragraph 2 of subparagraph (a) this Article shall not be construed to require a Member Party to institute such tribunals or procedures where this would be inconsistent with its constitutional structure or the nature of its legal system. 34. Where authorization authorisation is required for the supply of a service on which a specific commitment has been madeservice, the competent authorities of a Member shallParty shall promptly, 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. At the request of the applicant, the competent authorities of the Member Party shall provide, without undue delay, information concerning the status of the application. 45. With a view to the objective of ensuring that domestic regulation, including measures relating to qualification requirements and procedures, technical standards and licensing requirements requirements, do not constitute unnecessary barriers to trade in services, the Council for Trade in Services shallParties shall jointly review the results of the negotiations on disciplines on these measures, through appropriate bodies it may establishpursuant to Article VI.4 of the GATS, develop any necessary disciplineswith a view to their incorporation into this Agreement. Such The Parties note that such disciplines shall aim to ensure that such requirements 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. (a) In sectors in which a Member has undertaken specific commitments, pending 6. Pending the entry into force incorporation of disciplines developed in these sectors pursuant to paragraph 45 of this Article, the Member a Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments its obligations under this Chapter in a manner which: (ia) does not comply with the criteria outlined in subparagraphs 4(a(a), (b) or (c)) of paragraph 5 of this Article; and (iib) could not reasonably have been expected of that Member Party at the time the specific commitments in those sectors obligations were madeundertaken. (b) 7. In determining whether a Member Party is in conformity with the obligation its obligations under paragraph 5(a)6 of this Article, account shall be taken of international standards of relevant international organizations3 organisations applied by that MemberParty. 68. In sectors where specific commitments regarding professional services are undertaken, each Member Each Party shall provide for adequate procedures to verify the competence of professionals of any the country of the other MemberParty.

Appears in 3 contracts

Samples: Closer Economic Partnership Agreement, Closer Economic Partnership Agreement, Closer Economic Partnership Agreement

Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Member Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner. (a) Each Member Party shall maintain or institute as soon as practicable judicial, arbitral or administrative tribunals or procedures which provide, at the on 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 Member 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 Member 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 authorization authorisation is required for the supply of a service on which a specific commitment under this Agreement has been made, the competent authorities of a Member each Party shall, within a reasonable period of time after : (a) in the submission case of an application considered complete under domestic laws and regulationsincomplete application, inform the applicant of the decision concerning the application. At the on request of the applicant, identify all the competent authorities additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe; (b) on request of the Member shall provideapplicant, provide without undue delay, delay information concerning the status of the application; and (c) 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. 4. With a view to ensuring To ensure that measures relating to qualification requirements and procedures, technical standards and licensing requirements do not constitute unnecessary barriers to trade in services, the Council for Trade in Services shallParties shall jointly review the results of the negotiations on disciplines on these measures pursuant to paragraph 4 of Article VI of GATS, through appropriate bodies it may establish, develop any necessary disciplineswith a view to their incorporation into this Agreement. Such The Parties note that such disciplines shall 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;; and (c) in the case of licensing procedures, not in themselves a restriction on the supply of the service. 5. (a) In sectors in which a Member Party has undertaken specific commitments, pending the entry into force incorporation of the disciplines developed referred to in these sectors pursuant to paragraph 4, the Member that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments 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 Member Party at the time the specific commitments in those sectors were made. (b) In determining whether a Member Party is in conformity with the obligation under paragraph subparagraph 5(a), account shall be taken of international standards of relevant international organizations3 organisations applied by that Member. 6. In sectors where specific commitments regarding professional services are undertaken, each Member shall provide for adequate procedures to verify the competence of professionals of any other Member.Party (9)

Appears in 3 contracts

Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

Domestic Regulation. β€Œ 1. In sectors where specific commitments are undertaken, each Member Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner. (a) Each Member 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 Member 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 Member 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 authorization authorisation is required for the supply of a service on which a specific commitment has been made, the competent authorities of a Member Party shall, 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. At the request of the applicant, the competent authorities of the Member 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 licencing requirements do not constitute unnecessary barriers to trade in services, the Council for Trade in Services Implementing Committee shall, through appropriate bodies it may establish, develop any necessary disciplines. Such disciplines shall 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 licencing procedures, not in themselves a restriction on the supply of the service. (a) In sectors in which a Member Party has undertaken specific commitments, pending the entry into force of disciplines developed in these sectors pursuant to paragraph 4, the Member Party shall not apply licensing licencing and qualification requirements and technical standards that nullify or impair such specific commitments 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 Member Party at the time the specific commitments in those sectors were made. (b) In determining whether a Member Party is in conformity with the obligation under paragraph 5(a), account shall be taken of international standards of relevant international organizations3 organisations5 applied by that MemberParty. 6. In sectors where specific commitments regarding professional services are undertaken, each Member Party shall provide for adequate procedures to verify the competence of professionals of any other MemberParty.

Appears in 2 contracts

Samples: Trade in Services Agreement, Trade in Services Agreement

Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Member Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner. (a) 2. Each Member 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 suppliersupplier 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 Member Party shall ensure that the procedures in fact provide for an objective and impartial review. (b) 3. The provisions of subparagraph (a) paragraph 2 above shall not be construed to require a Member Party to institute such tribunals or procedures where this would be inconsistent with its constitutional structure or the nature of its legal system. 34. Where authorization authorisation is required for the supply of a service on which a specific commitment has been made, the competent authorities of a Member Party shall, within a reasonable period of time after the submission of an application 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 the Member Party shall provide, without undue delay, information concerning the status of the application. 45. With a view to ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements do not constitute unnecessary barriers to trade in services, the Council for Trade in Services shall, through appropriate bodies it may establish, develop any necessary disciplines. Such disciplines shall 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 where a Member Party has undertaken specific commitmentscommitments subject to any terms, pending the entry into force of disciplines developed in these sectors pursuant to paragraph 4limitations, conditions or qualifications set out therein, the Member Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments in a manner which: (ia) does not comply with the criteria outlined following criteria: (i) based on objective and transparent criteria, such as competence and the ability to supply the service; (ii) not more burdensome than necessary to ensure the quality of the service; or (iii) in subparagraphs 4(a)the case of licensing procedures, (b) or (c)not in themselves a restriction on the supply of the service; and (iib) could not reasonably have been expected of that Member Party at the time the specific commitments in those sectors were made. (b6. In sectors not subject to specific commitments in its Schedule, a Party shall endeavour to ensure that licensing and qualification requirements and technical standards are in conformity, to the extent possible, with the criteria outlined in subparagraph 5(a) above. 7. In determining whether a Member Party is in conformity with the obligation its obligations under paragraph 5(a)5 above, account shall be taken of international standards of relevant international organizations3 applied by organisations applicable to that MemberParty. 6. In sectors where specific commitments regarding professional services are undertaken, each Member shall provide for adequate procedures to verify the competence of professionals of any other Member.

Appears in 2 contracts

Samples: Economic Partnership Agreement, Economic Partnership Agreement

Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Member shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner. (a) Each Member 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 Member shall ensure that the procedures in fact provide for an objective and impartial review. 2Typically, such integration provides citizens of the parties concerned with a right of free entry to the employment markets of the parties and includes measures concerning conditions of pay, other conditions of employment and social benefits. (b) The provisions of subparagraph (a) shall not be construed to require a Member to institute such tribunals or procedures where this would be inconsistent with its constitutional structure or the nature of its legal system. 3. Where authorization is required for the supply of a service on which a specific commitment has been made, the competent authorities of a Member shall, 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. At the request of the applicant, the competent authorities of the Member 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 do not constitute unnecessary barriers to trade in services, the Council for Trade in Services shall, through appropriate bodies it may establish, develop any necessary disciplines. Such disciplines shall 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 Member has undertaken specific commitments, pending the entry into force of disciplines developed in these sectors pursuant to paragraph 4, the Member 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 criteria outlined in subparagraphs 4(a), (b) or (c); and (ii) could not reasonably have been expected of that Member at the time the specific commitments in those sectors were made. (b) In determining whether a Member is in conformity with the obligation under paragraph 5(a), account shall be taken of international standards of relevant international organizations3 applied by that Member. 6. In sectors where specific commitments regarding professional services are undertaken, each Member shall provide for adequate procedures to verify the competence of professionals of any other Member. 3The term "relevant international organizations" refers to international bodies whose membership is open to the relevant bodies of at least all Members of the WTO.

Appears in 2 contracts

Samples: General Agreement on Trade in Services (Gats), General Agreement on Trade in Services (Gats)

Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Member Each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner. (a) 2. Each Member 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 suppliersupplier 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 Member Party shall ensure that the procedures in fact provide for an objective and impartial review. (b) The provisions of subparagraph (a) 3. Paragraph 2 shall not be construed to require a Member Party to institute such tribunals or procedures where this would be inconsistent with its constitutional structure or the nature of its legal system. 34. Where authorization authorisation is required for the supply of a service on which a specific commitment has been madeservice, the competent authorities of a Member Party shall, 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. At the request of the applicant, the competent authorities of the Member Party shall provide, without undue delay, information concerning the status of the application. 45. With a view to 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 Council for Trade in Services shallParties shall jointly review the results of the negotiations on disciplines on these measures, through appropriate bodies it may establishpursuant to Article VI.4 of GATS, develop any necessary disciplineswith a view to their incorporation into this Agreement. Such The Parties note that such disciplines shall aim to ensure that such requirements 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; (c) in the case of licensing procedures, not in themselves a restriction on the supply of the service. (a) In sectors in which a Member has undertaken specific commitments, pending 6. Pending the entry into force incorporation of disciplines developed in these sectors pursuant to paragraph 45, the Member a Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments its obligations under this Chapter in a manner which: (ia) does not comply with the criteria outlined in subparagraphs 4(aparagraphs 5(a), (b) or (c); and (iib) could not reasonably have been expected of that Member Party at the time the specific commitments in those sectors obligations were madeundertaken. (b) 7. In determining whether a Member Party is in conformity with the obligation its obligations under paragraph 5(a)6, account shall be taken of international standards of relevant international organizations3 organisations9-5 applied by that MemberParty. 6. In sectors where specific commitments regarding professional services are undertaken, each Member shall provide for adequate procedures to verify the competence of professionals of any other Member.

Appears in 2 contracts

Samples: Free Trade Agreement, Free Trade Agreement

Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Member Each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner. (a) 2. Each Member 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 suppliersupplier 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 Member Party shall ensure that the procedures in fact provide for an objective and impartial review. (b) The provisions of subparagraph (a) 3. Paragraph 2 shall not be construed to require a Member Party to institute such tribunals or procedures where this would be inconsistent with its constitutional structure or the nature of its legal system. 34. Where authorization authorisation is required for the supply of a service on which a specific commitment has been madeservice, the competent authorities of a Member Party shall, 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. At the request of the applicant, the competent authorities of the Member Party shall provide, without undue delay, information concerning the status of the application. 45. With a view to 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 Council for Trade in Services shallParties shall jointly review theresults of the negotiations on disciplines on these measures, through appropriate bodies it may establishpursuant to Article VI.4 of GATS, develop any necessary disciplineswith a view to their incorporation into this Agreement. Such The Parties note that such disciplines shall aim to ensure that such requirements 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; (c) in the case of licensing procedures, not in themselves a restriction on the supply of the service. (a) In sectors in which a Member has undertaken specific commitments, pending 6. Pending the entry into force incorporation of disciplines developed in these sectors pursuant to paragraph 4pararaph 5, the Member a Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments its obligations under this Chapter in a manner which: (ia) does not comply with the criteria outlined in subparagraphs 4(aparagraphs 5(a), (b) or (c); and (iib) could not reasonably have been expected of that Member Party at the time the specific commitments in those sectors obligations were madeundertaken. (b) 7. In determining whether a Member Party is in conformity with the obligation its obligations under paragraph 5(a)6, account shall be taken of international standards of relevant international organizations3 organisations9-5 applied by that MemberParty. 6. In sectors where specific commitments regarding professional services are undertaken, each Member shall provide for adequate procedures to verify the competence of professionals of any other Member.

Appears in 2 contracts

Samples: Free Trade Agreement, Free Trade Agreement

Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Member Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner. (a) 2. Each Member 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 suppliersupplier 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 Member Party shall ensure that the procedures in fact provide for an objective and impartial review. (b) 3. The provisions of subparagraph (a) paragraph 2 of this Article shall not be construed to require a Member Party to institute such tribunals or procedures where this would be inconsistent with its constitutional structure or the nature of its legal system. 34. Where authorization is required for the supply of a service on which a specific commitment has been made, the competent authorities of a Member Party shall, 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. At the request of the applicant, the competent authorities of the Member Party shall provide, without undue delay, information concerning the status of the application. 45. With a view to the objective of ensuring that domestic regulation, including measures relating to qualification requirements and procedures, technical standards and licensing requirements do requirements, does not constitute an unnecessary barriers barrier to trade in services, the Council for Trade in Services shallParties shall jointly review the results of the negotiations on disciplines on these measures, through appropriate bodies it may establishpursuant to paragraph 4 of Article VI of the GATS, develop any necessary disciplineswith a view to their incorporation into this Chapter. Such The Parties note that such disciplines shall 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 6. Pending the incorporation of disciplines pursuant to paragraph 5 of this Article, for sectors in which where a Member Party has undertaken specific commitmentscommitments and subject to any terms, pending the entry into force of disciplines developed in these sectors pursuant to paragraph 4limitations, the Member conditions or qualifications set out therein, a Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments in a manner which: (ia) does not comply with the criteria outlined in subparagraphs 4(a(a), (b) or (c)) of paragraph 5 of this Article; and (iib) could not reasonably have been expected of that Member Party at the time the specific commitments in those sectors were made. (b) 7. In determining whether a Member Party is in conformity with the obligation under paragraph 5(a)6 of this Article, account shall be taken of international standards of relevant international organizations3 organisations (8) applied by that MemberParty. 6. In sectors where specific commitments regarding professional services are undertaken, each Member shall provide for adequate procedures to verify the competence of professionals of any other Member.

Appears in 1 contract

Samples: Free Trade Agreement

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Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Member Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner. (a) 2. Each Member 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 suppliersupplier 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 Member Party shall ensure that the procedures in fact provide for an objective and impartial review. (b) 3. The provisions of subparagraph (a) paragraph 2 shall not be construed to require a Member Party to institute such tribunals or procedures where this would be inconsistent with its constitutional structure or the nature of its legal system. 34. Where authorization authorisation is required for the supply of a service on which a specific commitment has been made, the competent authorities of a Member Party shall, 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. At the request of the applicant, the competent authorities of the Member Party shall provide, without undue delay, information concerning the status of the application. 45. With a view to the objective of ensuring that domestic regulation, including measures relating to qualification requirements and procedures, technical standards and licensing requirements requirements, do not constitute unnecessary barriers to trade in services, the Council for Parties shall jointly review the results of the negotiations on disciplines on these measures, pursuant to Article VI.4 of the WTO General Agreement on Trade in Services shall(GATS), through appropriate bodies it may establish, develop any necessary disciplineswith a view to their incorporation into this Chapter. Such The Parties note that such disciplines shall aim to ensure that such requirements 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; (c) in the case of licensing procedures, not in themselves a restriction on the supply of the service. (a) In 6. Pending the incorporation of disciplines pursuant to paragraph 5; for sectors in which where a Member Party has undertaken specific commitmentscommitments and subject to any terms, pending the entry into force of disciplines developed in these sectors pursuant to paragraph 4limitations, the Member conditions or qualifications set out therein, a Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments in a manner which: (ia) does not comply with the criteria outlined in subparagraphs 4(aparagraphs 5(a), (b5(b) or (c5(c); and (iib) could not reasonably have been expected of that Member Party at the time the specific commitments in those sectors were made. (b) 7. In determining whether a Member Party is in conformity with the obligation under paragraph 5(a)6, account shall be taken of international standards of relevant international organizations3 organisations (7-6) applied by that MemberParty. 68. In sectors where specific commitments regarding professional services are undertaken, each Member Party shall provide for adequate procedures to verify the competence of professionals of any other Memberthe other.

Appears in 1 contract

Samples: Comprehensive Economic Cooperation Agreement

Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Member Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner. (a) 2. Each Member 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 ofof and, 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 Member 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 Member to institute such tribunals or procedures where this would be inconsistent with its constitutional structure or the nature of its legal system. 3. Where authorization is required for the supply of a service on which a specific commitment has been made, the competent authorities of a Member shall, 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. At the request of the applicant, the competent authorities of the Member Each Party shall provide, without undue delay, information concerning the status of the application. 4. With a view to ensuring ensure that measures relating to qualification requirements and procedures, technical standards and licensing requirements do not constitute unnecessary barriers to trade in services, the Council for Trade in Services shall, through appropriate bodies it may establish, develop any necessary disciplines. Such disciplines shall aim to ensure including by ensuring that such requirements measures are, inter alia: interalia: (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. 4. Where a Party maintains measures relating to qualification requirements and procedures, technical standards and licensing requirements, the Party shall: (a) In sectors in which a Member has undertaken specific commitments, pending the entry into force of disciplines developed in these sectors pursuant to paragraph 4, the Member shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments in a manner whichMake publicly available: (i) does not comply with the criteria outlined in subparagraphs 4(a)Information on requirements and procedures to obtain, (b) renew or (c)retain any licenses or professional qualifications; and (ii) could not reasonably have been expected of that Member at the time the specific commitments in those sectors were made.Information on technical standards; (b) In determining Where any form of authorisation is required for the supply of a service, ensure that it will: (i) Within a reasonable period of time after the submission of an application 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 whether or not to grant the relevant authorisation; (iii) At the request of the applicant, provide without undue delay, information concerning the status of the application; and (iv) Where practicable, at the written request of an unsuccessful applicant, provide written reasons for a Member is in conformity with decision not to grant the obligation under paragraph 5(a), account shall be taken of international standards of relevant international organizations3 applied by that Member.authorisation; and 6. In sectors where specific commitments regarding professional services are undertaken, each Member shall provide (c) Provide for adequate procedures to verify the competence competency of professionals of any the other MemberParty. 5. Notwithstanding subparagraph (b) of the definition of measures adopted or maintained by a Party in Article 11.1, paragraphs 1, 3 and 4 shall not apply where the relevant measures are the responsibility of non-governmental bodies. However, each Party shall encourage such non-governmental bodies to comply with the requirements of paragraphs 1, 3 and 4. 6. If the results of the negotiations related to Article VI.4 of GATSenter into effect, the Parties shall jointly review those results with a view to their incorporation into this Agreement, as considered appropriate by the Parties.

Appears in 1 contract

Samples: Free Trade Agreement

Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Member Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner. (a) Each Member 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 a 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 Member 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 Member 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 authorization authorisation is required for the supply of a service on which a specific commitment has been made, the competent authorities of a Member Party shall, within a reasonable period of time after the submission of an application considered complete under its domestic laws and regulations, inform the applicant of the decision concerning the application. At On the request of the applicant, the competent authorities of the Member Party shall provide, without 16 This paragraph is only applicable to Annex 8-A under this Chapter. 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 do not constitute unnecessary barriers to trade in services, the Council for Trade in Services shallParties shall jointly review the results of the negotiations on disciplines on these measures pursuant to Article VI.4 of GATS, through appropriate bodies it may establish, develop any necessary disciplineswith a view to incorporating them into this Chapter. Such The Parties note that such disciplines shall 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;; and (c) in the case of licensing procedures, not in themselves a restriction on the supply of the service. (a) In sectors in which a Member Party has undertaken specific commitments, pending the entry into force incorporation of the disciplines developed referred to in these sectors pursuant to paragraph 4, the Member that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments 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 Member Party at the time the specific commitments in those sectors were made. (b) In determining whether a Member Party is in conformity with the obligation under paragraph 5(a), account shall be taken of international standards of relevant international organizations3 organisations applied by that Member.Party.17 6. In sectors where specific commitments regarding professional services are undertaken, each Member Party shall provide for adequate procedures to verify the competence of professionals of any the other MemberParty.

Appears in 1 contract

Samples: Free Trade Agreement

Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Member Each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner. (a) 2. Each Member Party shall maintain or institute as soon as practicable ensure that its judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected service supplier, provide for the prompt review of, and where justified, appropriate remedies for, administrative decisions affecting trade in servicesservices are open on a non-discriminatory basis to service suppliers of the other Party. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Member Party shall ensure that the procedures in fact provide for an objective and impartial review. (b) The provisions 3. Paragraph 2 of subparagraph (a) this Article shall not be construed to require a Member Party to institute such tribunals or procedures where this would be inconsistent with its constitutional structure or the nature of its legal system. 34. Where authorization authorisation is required for the supply of a service on which a specific commitment has been madeservice, the competent authorities of a Member shallParty shall promptly, 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. At the request of the applicant, the competent authorities of the Member Party shall provide, without undue delay, information concerning the status of the application. 45. With a view to the objective of ensuring that domestic regulation, including measures relating to qualification requirements and procedures, technical standards and licensing requirements requirements, do not constitute unnecessary barriers to trade in services, the Council for Trade in Services shallParties shall jointly review the results of the negotiations on disciplines on these measures, through appropriate bodies it may establishpursuant to Article VI.4 of the GATS, develop any necessary disciplineswith a view to their incorporation into this Agreement. Such The Parties note that such disciplines shall aim to ensure that such requirements 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. (a) In sectors in which a Member has undertaken specific commitments, pending 6. Pending the entry into force incorporation of disciplines developed in these sectors pursuant to paragraph 45 of this Article, the Member a Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments its obligations under this Chapter in a manner which: (ia) does not comply with the criteria outlined in subparagraphs 4(a(a), (b) or (c)) of paragraph 5 of this Article; and and (iib) could not reasonably have been expected of that Member Party at the time the specific commitments in those sectors obligations were madeundertaken. (b) 7. In determining whether a Member Party is in conformity with the obligation its obligations under paragraph 5(a)6 of this Article, account shall be taken of international standards of relevant international organizations3 organisations applied by that MemberParty. 68. In sectors where specific commitments regarding professional services are undertaken, each Member Each Party shall provide for adequate procedures to verify the competence of professionals of any the country of the other MemberParty.

Appears in 1 contract

Samples: Economic Partnership Agreement

Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Member Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner. (a) Each Member 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 Member 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 Member 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 authorization is required for the supply of a service on which a specific commitment has been made, the competent authorities of a Member Party shall, 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. At the request of the applicant, the competent authorities of the Member 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 do not constitute unnecessary barriers to trade in services, the Council for Trade in Services Implementing Committee shall, through appropriate bodies it may establish, develop any necessary disciplines. Such disciplines shall 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 Member Party has undertaken specific commitments, pending the entry into force of disciplines developed in these sectors pursuant to paragraph 4, the Member 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 criteria outlined in subparagraphs 4(a), (b) or (c); and (ii) could not reasonably have been expected of that Member Party at the time the specific commitments in those sectors were made. (b) In determining whether a Member Party is in conformity with the obligation under paragraph 5(a), account shall be taken of international standards of relevant international organizations3 organisations5 applied by that MemberParty. 6. In sectors where specific commitments regarding professional services are undertaken, each Member Party shall provide for adequate procedures to verify the competence of professionals of any other MemberParty.

Appears in 1 contract

Samples: Trade in Services Agreement

Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Member Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner. (a) 2. Each Member 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 suppliersupplier 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 concernedconcemed, the Member Party shall ensure that the procedures in fact provide for an objective and impartial review. (b) 3. The provisions of subparagraph (a) paragraph 2 shall not be construed to require a Member Party to institute such tribunals or procedures where this would be inconsistent with its constitutional structure or the nature of its legal system. 34. Where authorization authorisation is required for the supply of a service on which a specific commitment has been made, the competent authorities of a Member Party shall, 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. At the request of the applicant, the competent authorities of the Member Party shall provide, without undue delay, information concerning the status of the application. 45. With a view to the objective of ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements do not constitute an unnecessary barriers barrier to trade in services, the Council for Trade in Services shallParties shall jointly review the results of the negotiations on disciplines on these measures, through appropriate bodies it may establishpursuant to paragraph 4 of Article VI of the GATS, develop any necessary disciplineswith a view to their incorporation into this Chapter. Such The Parties note that such disciplines shall 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 6. For sectors in which where a Member Party has undertaken specific commitmentscommitments and subject to any terms, limitations, conditions or qualifications set out therein, pending the entry into force incorporation of disciplines developed in these sectors pursuant to paragraph 45, the Member a Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments in a manner which: (ia) does not comply with the criteria outlined in subparagraphs 4(asub-paragraphs (a), (b) or (c)) of paragraph 5; and (iib) could not reasonably have been expected of that Member Party at the time the specific commitments in those sectors were made. (b) 7. In determining whether a Member Party is in conformity with the obligation under paragraph 5(a)6, account shall be taken of international standards of relevant international organizations3 organisations (4) applied by that MemberParty. 6. In sectors where specific commitments regarding professional services are undertaken, each Member shall provide for adequate procedures to verify the competence of professionals of any other Member.

Appears in 1 contract

Samples: Free Trade Agreement

Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Member Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner. (a) Each Member 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 a 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 Member 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 Member 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 authorization authorisation is required for the supply of a service on which a specific commitment has been made, the competent authorities of a Member Party shall, within a reasonable period of time after the submission of an application considered complete under its domestic laws and regulations, inform the applicant of the decision concerning the application. At On the request of the applicant, the competent authorities of the Member 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 do not constitute unnecessary barriers to trade in services, the Council for Trade in Services shallParties shall jointly review the results of the negotiations on disciplines on these measures pursuant to Article VI.4 of GATS, through appropriate bodies it may establish, develop any necessary disciplineswith a view to incorporating them into this Chapter. Such The Parties note that such disciplines shall 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;; and (c) in the case of licensing procedures, not in themselves a restriction on the supply of the service. (a) In sectors in which a Member Party has undertaken specific commitments, pending the entry into force incorporation of the disciplines developed referred to in these sectors pursuant to paragraph 4, the Member that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments 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 Member Party at the time the specific commitments in those sectors were made. (b) In determining whether a Member Party is in conformity with the obligation under paragraph 5(a), account shall be taken of international standards of relevant international organizations3 organisations applied by that MemberParty. 6. In sectors where specific commitments regarding professional services are undertaken, each Member Party shall provide for adequate procedures to verify the competence of professionals of any the other MemberParty.

Appears in 1 contract

Samples: Free Trade Agreement

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