Common use of Domestic Regulation Clause in Contracts

Domestic Regulation. 1. 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, 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 Party shall ensure that the procedures in fact provide for an objective and impartial review. 3. Paragraph 2 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. 4. With a view to ensuring that any measure adopted or maintained by a Party relating to the authorisation, licensing or qualification of service suppliers or to the technical standards of the other Party does not constitute an unnecessary barrier to trade in services, each Party shall endeavour to ensure that such measure: (a) is based on objective and transparent criteria, such as the competence and ability to supply services; (b) is not more burdensome than necessary to ensure the quality of services; and (c) does not constitute a disguised restriction on the supply of services. 5. If the results of the negotiations related to paragraph 4 of Article VI of the GATS enter into effect, the Parties shall jointly review those results with a view to their incorporation into this Agreement, as considered appropriate by the Parties. 6. Where a Party maintains measures relating to licensing requirements and procedures, qualification requirements and procedures, and technical standards, the Party shall: (a) where practicable, make publicly available: (i) information on requirements and procedures to obtain, renew or retain any licences or professional qualifications; and (ii) information on technical standards; (b) 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 laws and regulations, consider the application, make a decision as to whether or not to grant the relevant authorisation and inform the applicant of the decision; (ii) on request of the applicant, provide without undue delay, information concerning the status of the application; (iii) where practicable, in the case of an incomplete application, on request of an applicant, identify all the additional information that is required to complete the application; (iv) endeavour to provide the service supplier whose application has been found to be deficient with at least one means to achieve the authorisation; and Note: Such means to achieve authorisation may include, but are not limited to, additional experience under the supervision of a professional qualified or licensed in that Party, additional academic training or exams in a specialised field, or language exams. (v) where a competent authority of a Party notifies an unsuccessful applicant of the administrative decision in writing, ensure that the competent authority informs the applicant of the reasons for denial of the application in writing; and (c) provide for adequate procedures to verify the competency of professionals of the other Party. 7. A Party shall, subject to its laws and regulations, permit service suppliers of the other Party to use the enterprise names under which they trade in the Area of the other Party and otherwise ensure that the use of enterprise names is not unduly restricted. 8. The Parties shall endeavour to implement the Disciplines on Domestic Regulation in the Accountancy Sector adopted under the auspices of the World Trade Organization on 14 December 1998. 9. This Article shall not apply to any measures which fall within the responsibility of non-government bodies. However, each Party shall encourage, where possible, such non-government bodies to comply with the relevant requirements of this Article.

Domestic Regulation. 1. Each 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. Each Party shall maintain or institute institute, as soon as practicable practicable, judicial, arbitral or administrative tribunals or procedures which provide, on 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 Party shall ensure that the procedures in fact provide for an objective and impartial review. 3. Paragraph 2 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. 4. With a view to ensuring that any measure adopted or maintained by a Party measures relating to the authorisationqualification requirements and procedures, technical standards, and licensing or qualification of service suppliers or to the technical standards of the other Party does requirements do not constitute an unnecessary barrier barriers to trade in services, each Party shall endeavour to ensure including that such measuremeasures are, inter alia: (a) is based on objective and transparent criteria, such as the competence and the ability to supply servicesthe service; (b) is not more burdensome than necessary to ensure the quality of servicesthe service; and (c) does in the case of licensing procedures, not constitute in themselves a disguised restriction on the supply of servicesthe service. 5. If the results of the negotiations related to paragraph 4 of Article VI of the GATS enter into effect, the Parties shall jointly review those results with a view to their incorporation into this Agreement, as considered appropriate by the Parties. 64. Where a Party maintains measures relating to licensing requirements and procedures, qualification requirements and procedures, technical standards and technical standardslicensing requirements, the Party shall: (a) where practicable, make publicly available: (i) information on requirements and procedures to obtain, renew or retain any licences or professional qualifications; and (ii) information on technical standards; (b) 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, application and make a decision as to whether or not to grant the relevant authorisation and authorisation; (ii) promptly inform the applicant of the decisiondecision whether or not to grant the relevant authorisation; (iiiii) on upon the request of the applicant, provide without undue delay, information concerning the status of the application;; and (iiiiv) where practicable, in upon the case of an incomplete application, on written request of an unsuccessful applicant, identify all the additional information that is required to complete the application; (iv) endeavour to provide the service supplier whose application has been found to be deficient with at least one means to achieve the authorisation; and Note: Such means to achieve authorisation may include, but are not limited to, additional experience under the supervision of a professional qualified or licensed in that Party, additional academic training or exams in a specialised field, or language exams. (v) where a competent authority of a Party notifies an unsuccessful applicant of the administrative decision in writing, ensure that the competent authority informs the applicant of the written reasons for denial of a decision not to grant the application in writingrelevant authorisation; and (c) provide for adequate procedures to verify the competency of professionals of the other Party. 75. A Party shall, subject to its laws and regulations, permit service suppliers Notwithstanding subparagraph (b) of the other definition of measures adopted or maintained by a Party in Article 9.1, paragraphs 1 to use the enterprise names under which they trade in the Area of the other Party and otherwise ensure that the use of enterprise names is not unduly restricted. 8. The Parties shall endeavour to implement the Disciplines on Domestic Regulation in the Accountancy Sector adopted under the auspices of the World Trade Organization on 14 December 1998. 9. This Article 3 shall not apply to any where the relevant measures which fall within are the responsibility of non-government governmental bodies. However, each Party shall encourage, where possible, encourage such non-government governmental bodies to comply with the relevant requirements of paragraphs 1 to 3. 6. If the results of the negotiations related to Article VI.4 of GATS (or the results of any similar negotiations undertaken in other multilateral fora in which both Parties participate) enter into effect, this ArticleArticle shall be amended, as appropriate, after consultations between the Parties, to bring those results into effect under this Agreement. The Parties agree to coordinate on such negotiations as appropriate.

Domestic Regulation. 1. 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, 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 Party shall ensure that the procedures in fact provide for an objective and impartial review. 3. Paragraph 2 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. 4. With a view to ensuring that any measure adopted or maintained by a Party measures relating to the authorisationqualification requirements and procedures, licensing or qualification of service suppliers or to the technical standards of the other Party does and licensing requirements do not constitute an unnecessary barrier barriers to trade in services, each Party shall endeavour to ensure including by ensuring that such measuremeasures are, inter alia: (a) is based on objective and transparent criteria, such as the competence and the ability to supply servicesthe service; (b) is not more burdensome than necessary to ensure the quality of servicesthe service; and (c) does in the case of licensing procedures, not constitute in themselves a disguised restriction on the supply of servicesthe service. 5. If the results of the negotiations related to paragraph 4 of Article VI of the GATS enter into effect, the Parties shall jointly review those results with a view to their incorporation into this Agreement, as considered appropriate by the Parties. 63. Where a Party maintains measures relating to licensing requirements and procedures, qualification requirements and procedures, technical standards and technical standardslicensing requirements, the Party shall: (a) where practicable, make publicly available: (i) information on requirements and procedures to obtain, renew or retain any licences or professional qualifications; and (ii) information on technical standards; (b) 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, application and make a decision as to whether or not to grant the relevant authorisation and authorisation; (ii) promptly inform the applicant of the decisiondecision whether or not to grant the relevant authorisation; (iiiii) on upon the request of the applicant, provide without undue delay, information concerning the status of the application;; and (iiiiv) where practicable, in upon the case of an incomplete application, on written request of an unsuccessful applicant, identify all the additional information that is required to complete the application; (iv) endeavour to provide the service supplier whose application has been found to be deficient with at least one means to achieve the authorisation; and Note: Such means to achieve authorisation may include, but are not limited to, additional experience under the supervision of a professional qualified or licensed in that Party, additional academic training or exams in a specialised field, or language exams. (v) where a competent authority of a Party notifies an unsuccessful applicant of the administrative decision in writing, ensure that the competent authority informs the applicant of the written reasons for denial of a decision not to grant the application in writing; andrelevant authorisation; (c) provide for adequate procedures to verify the competency of professionals of the other Party.; 7. A Party shall(d) in appropriate professional and other service sectors consider, subject and where feasible, take steps to its laws and regulationsimplement a temporary or project-specific licensing or registration regime, permit 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 to use the enterprise names under which they trade in the Area of the other Party and otherwise ensure that the use of enterprise names is not unduly restrictedshould be explored. 84. The Parties shall endeavour Notwithstanding Article 9.1(h), paragraphs 1 to implement the Disciplines on Domestic Regulation in the Accountancy Sector adopted under the auspices of the World Trade Organization on 14 December 1998. 9. This Article 3 above shall not apply to any where the relevant measures which fall within are the responsibility of non-government governmental bodies. However, each Party shall encourage, where possible, encourage such non-government governmental bodies to comply with the relevant requirements of paragraphs 1 to 3 above. 5. If the results of the negotiations related to Article VI:4 of GATS enter into effect, the Parties shall jointly review those results with a view to their incorporation into this ArticleAgreement, as considered appropriate by the Parties.

Domestic Regulation. 1. 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, 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 Party shall ensure that the procedures in fact provide for an objective and impartial review. 3. Paragraph 2 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. 4. With a view to ensuring that any measure adopted or maintained by a Party relating to the authorisation, licensing or qualification of service suppliers or to the technical standards of the other Party does not constitute an unnecessary barrier to trade in services, each Party shall endeavour to ensure that such measure: (a) is based on objective and transparent criteria, such as the competence and ability to supply services; (b) is not more burdensome than necessary to ensure the quality of services; and and (c) does not constitute a disguised restriction on the supply of services. 5. If the results of the negotiations related to paragraph 4 of Article VI of the GATS enter into effect, the Parties shall jointly review those results with a view to their incorporation into this Agreement, as considered appropriate by the Parties. 6. Where a Party maintains measures relating to licensing requirements and procedures, qualification requirements and procedures, and technical standards, the Party shall: (a) where practicable, make publicly available: (i) information on requirements and procedures to obtain, renew or retain any licences or professional qualifications; and (ii) information on technical standards; (b) 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 laws and regulations, consider the application, make a decision as to whether or not to grant the relevant authorisation and inform the applicant of the decision; (ii) on request of the applicant, provide without undue delay, information concerning the status of the application; (iii) where practicable, in the case of an incomplete application, on request of an applicant, identify all the additional information that is required to complete the application; (iv) endeavour to provide the service supplier whose application has been found to be deficient with at least one means to achieve the authorisation; and Note: Such means to achieve authorisation may include, but are not limited to, additional experience under the supervision of a professional qualified or licensed in that Party, additional academic training or exams in a specialised field, or language exams. (v) where a competent authority of a Party notifies an unsuccessful applicant of the administrative decision in writing, ensure that the competent authority informs the applicant of the reasons for denial of the application in writing; and (c) provide for adequate procedures to verify the competency of professionals of the other Party. 7. A Party shall, subject to its laws and regulations, permit service suppliers of the other Party to use the enterprise names under which they trade in the Area of the other Party and otherwise ensure that the use of enterprise names is not unduly restricted. 8. The Parties shall endeavour to implement the Disciplines on Domestic Regulation in the Accountancy Sector adopted under the auspices of the World Trade Organization on 14 December 1998. 9. This Article shall not apply to any measures which fall within the responsibility of non-government bodies. However, each Party shall encourage, where possible, such non-government bodies to comply with the relevant requirements of this Article.