Ensuring Integrity in Procurement Practices. Each Party shall ensure that criminal or administrative penalties exist to address corruption in its government procurement, and that its entities have in place policies and procedures to eliminate any potential conflict of interest on the part of those engaged in or having influence over a procurement.
Ensuring Integrity in Procurement Practices. Each Party shall ensure that criminal or administrative measures exist to address corruption in its government procurement. These measures may include procedures to render ineligible for participation in the Party’s procurements, either indefinitely or for a stated period of time, suppliers that the Party has determined to have engaged in fraudulent or other illegal actions in relation to government procurement in the Party’s territory. Each Party shall also ensure that it has in place policies and procedures to eliminate to the extent possible or manage any potential conflict of interest on the part of those engaged in or having influence over a procurement.
Ensuring Integrity in Procurement Practices. Further to Article 18.5 (Anti-Corruption), each Party shall adopt or maintain procedures to declare ineligible for participation in the Party’s procurements, either indefinitely or for a specified time, suppliers that the Party has determined to have engaged in fraudulent or illegal action in relation to procurement. On request of the other Party, a Party shall identify the suppliers determined to be ineligible under these procedures, and, where appropriate, exchange information regarding those suppliers or the fraudulent or illegal action.
Ensuring Integrity in Procurement Practices. 1. Each Party shall ensure that criminal, civil, or administrative measures exist that can address corruption, fraud, and other wrongful acts in its government procurement.
2. These measures may include procedures to debar, suspend, or declare ineligible from participation in the Party’s procurements, for a stated period of time, a supplier that the Party has determined to have engaged in corruption, fraud, or other wrongful acts relevant to a supplier’s eligibility to participate in a Party’s government procurement. Each Party:
(a) may consider the seriousness of the supplier’s acts or omissions and any remedial measures or mitigating factors in making any decisions on debarment or suspension, including in making a decision on whether to reduce the period or extent of debarment or suspension at the supplier’s request pursuant to paragraph 2(b)(ii); and
(b) shall provide a supplier of the other Party directly implicated by a proceeding
(i) reasonable notice that the proceeding was initiated, including a description of the nature of the proceeding, a statement of the authority under which the proceeding was initiated, and the reasons for the proceeding, and
(ii) reasonable opportunity to present facts and arguments in support of its position; and
(c) shall publish and update a list of enterprises and, subject to its law, natural persons it has debarred, suspended, or declared ineligible.
3. Each Party shall ensure that it has in place policies or procedures to address potential conflicts of interest on the part of those engaged in or having influence over a procurement.
4. Each Party may also put in place policies or procedures, including provisions in tender documentation, that require successful suppliers to maintain and enforce effective internal controls, business ethics, and compliance programs, taking into account the size of the supplier, particularly SMEs, and other relevant factors, for preventing and detecting corruption, fraud, and other wrongful acts.
Ensuring Integrity in Procurement Practices. Each Party shall adopt the necessary legislative or other measures to establish that it is a criminal offense under its law for:
(a) a procurement official of that Party to solicit or accept, directly or indirectly,any article of monetary value or other benefit, for that procurement official or for another person, in exchange for any act or omission in the performance of that procurement official’s procurement functions;
(b) any person to offer or grant, directly or indirectly, to a procurement official of that Party, any article of monetary value or other benefit, for that procurement official or for another person, in exchange for any act or omission in the performance of that procurement official’s procurement functions; and
(c) any person intentionally to offer, promise or give any undue pecuniary or other advantage, whether directly or through intermediaries, to a foreign procurement official, for that foreign procurement official or for a third party, in order that the foreign procurement official act or refrain from acting in relation to the performance of procurement duties, in order to obtain or retain business or other improper advantage.
Ensuring Integrity in Procurement Practices. Each Party shall adopt or maintain procedures to declare ineligible for participation in the Party’s procurements, either indefinitely or for a specified time, suppliers that the Party has determined to have engaged in fraudulent or other illegal actions in relation to procurement. On request of the other Party, a Party shall identify the suppliers determined to be ineligible under these procedures, and, where appropriate, exchange information regarding those suppliers or the fraudulent or illegal action.
Ensuring Integrity in Procurement Practices. 28.1. Each Party shall adopt the necessary legislative or other measures to establish that it is a criminal offense under its domestic law for:
a) a procurement official of that Party or a person who performs procurement functions for that Party to solicit or accept, directly or indirectly, any article of monetary value or other benefit, for himself or for another person or entity, in exchange for any act or omission in the performance of his or her procurement functions;
b) any person to offer or grant, directly or indirectly, to a procurement official of that Party or a person who performs procurement functions for that Party, any article of monetary value or other benefit, for himself or for another person or entity, in exchange for any act or omission in the performance of his or her procurement functions; and
c) any person intentionally to offer, promise or give any undue pecuniary or other advantage, whether directly or through intermediaries, to a foreign procurement official, for that official or for a third party, in order that the official act or refrain from acting in relation to the performance of procurement duties, in order to obtain or retain business or other improper advantage.
28.2. Each Party shall establish and maintain systems to declare ineligible for participation in the Party’s procurements, either indefinitely or for a stated period of time, suppliers that the Party has determined to have engaged in fraudulent or other illegal actions in relation to procurement. On the request of another Party, a Party shall identify the suppliers determined to be ineligible under these systems, and, where appropriate, exchange information regarding those suppliers or the fraudulent or illegal action.]
Ensuring Integrity in Procurement Practices. 1. Further to [Article X.2 of the Chapter on Anti-Corruption3 - Measures to Combat Corruption], for the entities listed in Section A, each Party shall adopt or maintain procedures to declare ineligible for participation in the Party's procurements a supplier that the Party has determined to have engaged in corruption, fraud, or other illegal acts in relation to procurement.
2. Each Party shall provide to a supplier of the other Party directly affected by a proceeding that applies procedures adopted or maintained under paragraph 1:
(a) reasonable notice that such a proceeding was initiated, including a description of the nature of the proceeding, a statement of the legal authority under which the proceeding was initiated, and a general description of any issues in controversy; and
(b) reasonable opportunity to present facts and arguments in support of its position.
3. Each Party shall publish the names of the suppliers determined ineligible under paragraph 1.
4. A Party may request the other Party to provide information about a supplier that the other Party has declared ineligible under paragraph 1. The Party receiving the request shall provide information about the supplier, including the reason why the Party declared the supplier ineligible, no later than 45 days after the date it receives the request.]
Ensuring Integrity in Procurement Practices. The Parties may adopt or maintain procedures to debar, for a specific period of time, suppliers who have been reasonably determined to have defaulted on their contractual performances or engaged in fraudulent or other illegal actions pertaining to procurement. If there is adequate evidence available, actions may be taken on such errant suppliers under the respective Party’s domestic laws.
Ensuring Integrity in Procurement Practices. 1. Each Party shall ensure that criminal or administrative measures exist to address corruption, fraud, and other illegal acts in its government procurement.
2. These measures may include procedures to render ineligible for, or exclude from, participation in the Party’s procurements, either indefinitely or for a stated period of time, suppliers that the Party has determined to have engaged in corrupt, fraudulent or other illegal acts in relation to government procurement in the Party’s territory. When applying those procedures, each party, including its procuring entities:
(a) may consider the gravity of the supplier’s acts or omissions, and any remedial measures or mitigating factors; and
(b) shall treat a supplier of the other Party with due process, in accordance with its government procurement policies and frameworks.
3. Each Party shall also ensure that it has in place policies and procedures to eliminate to the extent possible or manage any potential conflict of interest on the part of those engaged in or having influence over a procurement.
4. Each Party may put in place policies or procedures that require successful suppliers to maintain and enforce appropriate measures, such as internal controls, business ethics, and compliance programmes, for preventing and detecting corruption, fraud, and other illegal acts, provided they are non-discriminatory.
