Common use of Export Licensing Procedures Clause in Contracts

Export Licensing Procedures. 1. Each Party shall notify the other Party of its existing export licensing procedures, including the legal basis and the relevant official website, within 30 days of the entry into force of this Agreement. 2. Each Party shall notify the other Party of any introduction or modification of any export licensing procedure which it intends to adopt no later than 45 days before the new procedure or modification takes effect. In no case shall a Party provide such notification later than 60 days following the date of the publication of the introduction or modification. 3. The notification referred to in paragraphs 1 and 2 shall contain the following information: (a) the texts of its export licensing procedures, including any modifications; (b) the products subject to each export licensing procedure; (c) for each export licensing procedure, a description of: (i) the process for applying for an export licence; and (ii) the criteria which an applicant must meet to be eligible to apply for an export licence; (d) the contact point or points from which interested persons can obtain further information on the conditions for obtaining an export licence; (e) the administrative body or bodies to which an application or other relevant documentation shall be submitted; (f) the period during which each export licensing procedure will be in effect; (g) if the Party intends to use an export licensing procedure to administer an export quota, the overall quantity and, where practicable, value of the quota and the opening and closing dates of the quota; and (h) any exceptions or derogations from an export licensing requirement, how to request those exceptions or derogations, and the criteria for granting them. 4. Each Party shall publish any export licensing procedure, including the legal basis and a reference to the relevant official website. Each Party shall also publish any new export licensing procedure, or any modification to its export licensing procedures, as soon as possible but in any case no later than 45 days after its adoption and at least 25 working days before its entry into force. 5. Upon request of a Party, the other Party shall respond within 60 days to a reasonable enquiry regarding any export licensing procedures which it intends to adopt or which it has adopted or maintained as well as the criteria for granting or for allocating export licences, including the eligibility of persons, firms, and institutions to make such an application, the administrative body or bodies to be approached, and the list of products subject to the export licensing requirement. 6. The Parties shall introduce and administer any export licensing procedures in accordance with: (a) paragraphs 1 to 9 of Article 1 of the Import Licensing Agreement; (b) Article 2 of the Import Licensing Agreement; (c) Article 3 of the Import Licensing Agreement with the exception of subparagraphs 5(a), (c), (j) and (k). To that end, the provisions of the Import Licensing Agreement referred to in subparagraphs (a), (b) and (c) are incorporated into and made part of this Agreement, mutatis mutandis. 7. Each Party shall ensure that all export licensing procedures are neutral in application and administered in a fair, equitable, non-discriminatory and transparent manner. 8. A Party shall grant export licences for an appropriate length of time which shall not be shorter than set out in the domestic legislation providing for the export licensing requirement and which shall not preclude exports. 9. When a Party has denied an export licence application with respect to a good of the other Party, it shall, upon request of the applicant and promptly after receiving the request, provide the applicant with a written explanation of the reasons for the denial. The applicant shall have the right of appeal or review in accordance with the domestic legislation or procedures of the exporting Party. 10. A Party shall only adopt or maintain automatic export licensing procedures as a condition for exportation from its territory in order to fulfil legitimate objectives after having conducted an appropriate impact assessment. 11. The Parties shall only adopt or maintain non-automatic export licensing procedures in order to implement a measure that is not inconsistent with this Agreement, including with Article 2.22 (General Exceptions). A Party adopting non-automatic export licensing procedures shall indicate clearly the purpose of such licensing procedures.

Appears in 5 contracts

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

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Export Licensing Procedures. 1. Each Party shall notify the other Party publish any new export licensing procedure, or any modification of its an existing export licensing proceduresprocedure, including in such a manner as to enable governments, traders and other interested parties to become acquainted with them. Such publication shall take place, whenever practicable, 45 days before the legal basis new export licensing procedure or any modification of an existing export licensing procedure takes effect, and in any event no later than the relevant official website, within 30 days date on which the new export licensing procedure or any modification of the entry into force of this Agreementan existing export licensing procedure takes effect. 2. Each Party shall notify ensure that it includes the other Party following information in its publication of any introduction or modification of any export licensing procedure which it intends to adopt no later than 45 days before the new procedure or modification takes effect. In no case shall a Party provide such notification later than 60 days following the date of the publication of the introduction or modification. 3. The notification referred to in paragraphs 1 and 2 shall contain the following informationprocedures: (a) the texts of its export licensing procedures, including or of any modificationsmodifications the Party makes to those procedures; (b) the products goods subject to each export licensing procedure; (c) for each export licensing procedure, a description of: (i) of the process for applying for an export licence; and (ii) the a licence and any criteria which an applicant must meet to be eligible to apply for a licence, such as possessing an export activity licence, establishing or maintaining an investment, or operating through a particular form of establishment in the territory of a Party; (d) the a contact point or points from which interested persons can obtain further information on the conditions for obtaining an export licence; (e) the administrative body or bodies to which an application for a licence or other relevant documentation shall is to be submitted; (f) a description of any measure or measures being implemented through the export licensing procedure; (g) the period during which each export licensing procedure will be in effect, unless the export licensing procedure will remain in effect until withdrawn or revised, resulting in a new publication; (gh) if the Party intends to use an export licensing procedure to administer an export quota, the overall quantity and, where practicableif applicable, the value of the quota and the opening and closing dates of the quota; and (hi) any exemptions or exceptions or derogations from that replace the requirement to obtain an export licensing requirementlicence, how to request or use those exceptions exemptions or derogationsexceptions, and the criteria for granting them. 43. Each Within 30 days after the date of entry into force of this Agreement, each Party shall publish any notify the other Party of its existing export licensing procedureprocedures. A Party that adopts new export licensing procedures, including or modifications of existing licensing procedures, shall notify the legal basis and a reference to other Party of such adoption or modification within 60 days after the relevant official website. Each Party shall also publish publication of any new export licensing procedure, procedure or any modification of an existing licensing procedure. The notification shall include the reference to its export licensing proceduresthe source or sources where the information specified in paragraph 2 is published and, as soon as possible but in any case no later than 45 days after its adoption and at least 25 working days before its entry into forceif appropriate, the address of the relevant government website or websites. 54. Upon request of For greater certainty, nothing in this Article requires a PartyParty to grant an export licence, the other or prevents a Party shall respond within 60 days to a reasonable enquiry regarding any export licensing procedures which it intends to adopt or which it has adopted or maintained from implementing its commitments under United Nations Security Council resolutions, as well as the criteria for granting or for allocating under multilateral non-proliferation regimes and export licencescontrol arrangements, including the eligibility of persons, firms, and institutions to make such an application, the administrative body or bodies to be approached, and the list of products subject to the export licensing requirement. 6. The Parties shall introduce and administer any export licensing procedures in accordance withincluding: (a) paragraphs 1 to 9 of Article 1 of the Import Licensing AgreementWassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies, done at the Hague on 19 December 1995; (b) Article 2 the Convention on the Prohibition of the Import Licensing AgreementDevelopment, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, done at Paris on 13 January 1993; (c) Article 3 the Convention on the Prohibition of the Import Licensing Agreement with the exception Development, Production and Stockpiling of subparagraphs 5(a), Bacteriological (c), (jBiological) and Toxin Weapons and on their Destruction, done at London, Moscow and Washington on 10 April 1972; (k). To that endd) the Treaty on the Non-Proliferation of Nuclear Weapons, done at London, Moscow and Washington on 1 July 1968; and (e) the Australia Group, the provisions of Nuclear Suppliers Group, and the Import Licensing Agreement referred to in subparagraphs (a), (b) and (c) are incorporated into and made part of this Agreement, mutatis mutandisMissile Technology Control Regime. 7. Each Party shall ensure that all export licensing procedures are neutral in application and administered in a fair, equitable, non-discriminatory and transparent manner. 8. A Party shall grant export licences for an appropriate length of time which shall not be shorter than set out in the domestic legislation providing for the export licensing requirement and which shall not preclude exports. 9. When a Party has denied an export licence application with respect to a good of the other Party, it shall, upon request of the applicant and promptly after receiving the request, provide the applicant with a written explanation of the reasons for the denial. The applicant shall have the right of appeal or review in accordance with the domestic legislation or procedures of the exporting Party. 10. A Party shall only adopt or maintain automatic export licensing procedures as a condition for exportation from its territory in order to fulfil legitimate objectives after having conducted an appropriate impact assessment. 11. The Parties shall only adopt or maintain non-automatic export licensing procedures in order to implement a measure that is not inconsistent with this Agreement, including with Article 2.22 (General Exceptions). A Party adopting non-automatic export licensing procedures shall indicate clearly the purpose of such licensing procedures.

Appears in 5 contracts

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

Export Licensing Procedures. 1. Each Party shall notify the other Party of its existing export licensing procedures, including the legal basis and the relevant official website, within 30 days of the entry into force of this Agreement. 2. Each Party shall notify the other Party of any introduction or modification of any an export licensing procedure which it intends to adopt no later than 45 days before the new procedure or modification takes effect. In no case shall a Party provide such notification later than 60 days following the date of the publication of the introduction or modification. 3. The notification referred to in paragraphs 1 and 2 shall contain the following information: (a) the texts of its export licensing procedures, including any modifications; (b) the products subject to each export licensing procedure; (c) for each export licensing procedure, a description of: (i) the process for applying for an export licence; and (ii) the criteria which an applicant must meet to be eligible to apply for an export licence; (d) the contact point or points from which interested persons can obtain further information on the conditions for obtaining an export licence; (e) the administrative body or bodies to which an application or other relevant documentation shall be submitted; (f) the period during which each export licensing procedure will be in effect; (g) if the Party intends to use an export licensing procedure to administer an export quota, the overall quantity and, where practicable, value of the quota and the opening and closing dates of the quota; and (h) any exceptions or derogations from an export licensing requirement, how to request those exceptions or derogations, and the criteria for granting them. 4. Each Party shall publish any export licensing procedure, including the legal basis and a reference to the relevant official website. Each Party shall also publish any new export licensing procedure, or any modification to its export licensing procedures, as soon as possible but in any case no later than 45 days after its adoption and at least 25 working days before its entry into force. 5. Upon request of a Party, the other Party shall respond within 60 days to a reasonable enquiry regarding any export licensing procedures which it intends to adopt or which it has adopted or maintained as well as the criteria for granting or for allocating export licenceslicenses, including the eligibility of persons, firms, and institutions to make such an application, the administrative body or bodies to be approached, and the list of products subject to the export licensing requirement. 6. The Parties shall introduce and administer any export licensing procedures in accordance with: (a) paragraphs 1 to 9 of Article 1 of the Import Licensing Agreement; (b) Article 2 of the Import Licensing Agreement; (c) Article 3 of the Import Licensing Agreement with the exception of subparagraphs 5(a), (c), (j) and (k). To that end, the provisions of the Import Licensing Agreement referred to in subparagraphs (a), (b) and (c) are incorporated into and made part of this Agreement, mutatis mutandis. 7. Each Party shall ensure that all export licensing procedures are neutral in application and administered in a fair, equitable, non-discriminatory and transparent manner. 8. A Party shall grant export licences for an appropriate length of time which shall not be shorter than set out in the domestic legislation providing for the export licensing requirement and which shall not preclude exports. 9. When a Party has denied an export licence application with respect to a good of the other Party, it shall, upon request of the applicant and promptly after receiving the request, provide the applicant with a written explanation of the reasons for the denial. The applicant shall have the right of appeal or review in accordance with the domestic legislation or procedures of the exporting Party. 10. A Party shall only adopt or maintain automatic export licensing procedures as a condition for exportation from its territory in order to fulfil legitimate objectives after having conducted an appropriate impact assessment. 11. The Parties shall only adopt or maintain non-automatic export licensing procedures in order to implement a measure that is not inconsistent with this Agreement, including with Article 2.22 (General Exceptions). A Party adopting non-automatic export licensing procedures shall indicate clearly the purpose of such licensing procedures.

Appears in 3 contracts

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

Export Licensing Procedures. 1. Each Party shall notify the other Party of its publish any new export licensing procedure, or any modification to an existing export licensing proceduresprocedure, including the legal basis in such a manner as to enable governments, traders and the relevant official websiteother interested parties to become acquainted with them. Such publication shall take place, within 30 days of the entry into force of this Agreement. 2. Each Party shall notify the other Party of any introduction or modification of any export licensing procedure which it intends to adopt no later than whenever practicable, 45 days before the new procedure or modification takes effect. In , and in any case no case shall a Party provide such notification later than 60 days following the date of the such procedure or modification takes effect and, where appropriate, publication shall take place on any relevant government websites. 2. The publication of the introduction or modification. 3. The notification referred to in paragraphs 1 and 2 export licensing procedures shall contain include the following information: (a) the texts of its the Party's export licensing procedures, including or of any modificationsmodifications the Party makes to those procedures; (b) the products goods subject to each export licensing procedure; (c) for each export licensing procedure, a description of: (i) of the process for applying for an export licence; and (ii) the a licence and any criteria which an applicant must meet to be eligible to apply for a licence, such as possessing an export activity licence, establishing or maintaining an investment, or operating through a particular form of establishment in a Party's territory; (d) the a contact point or points from which interested persons can obtain further information on the conditions for obtaining an export licence; (e) the administrative body or bodies to which an application or other relevant documentation shall are to be submitted; (f) a description of any measure or measures being implemented through the export licensing procedure; (g) the period during which each export licensing procedure will be in effect, unless the procedure remains in effect until withdrawn or revised in a new publication; (gh) if the Party intends to use an export a licensing procedure to administer an export quota, the overall quantity and, where practicableif applicable, the value of the quota and the opening and closing dates of the quota; and (hi) any exemptions or exceptions or derogations from that replace the requirement to obtain an export licensing requirementlicence, how to request or use those exceptions exemptions or derogationsexceptions, and the criteria for granting them. 43. Within 45 days after the date of entry into force of this Agreement, each Party shall notify the other Party of its existing export licensing procedures. Each Party shall publish notify to the other Party any new export licensing procedure, including the legal basis procedures and any modifications to existing export licensing procedures within 60 days of publication. The notification shall include a reference to the sources where the information required pursuant to paragraph 2 is published and shall include, where appropriate, the address of the relevant official websitegovernment websites. 4. Each For greater certainty, nothing in this Article requires a Party shall also publish any new to grant an export licensing procedurelicence, or any modification to prevents a Party from implementing its export licensing procedures, as soon as possible but in any case no later than 45 days after its adoption and at least 25 working days before its entry into force. 5. Upon request of a Party, the other Party shall respond within 60 days to a reasonable enquiry regarding any export licensing procedures which it intends to adopt or which it has adopted or maintained commitments under United Nations Security Council Resolutions as well as the criteria for granting or for allocating under multilateral non-proliferation regimes and export licences, control arrangements including the eligibility of persons, firms, Wassenaar Arrangement on Export Controls for Conventional Arms and institutions to make such an applicationDual-Use Goods and Technologies, the administrative body or bodies to be approachedAustralia Group, the Nuclear Suppliers Group, and the list of products subject to the export licensing requirementMissile Technology Control Regime, or from adopting, maintaining or implementing independent sanctions regimes. 6. The Parties shall introduce and administer any export licensing procedures in accordance with: (a) paragraphs 1 to 9 of Article 1 of the Import Licensing Agreement; (b) Article 2 of the Import Licensing Agreement; (c) Article 3 of the Import Licensing Agreement with the exception of subparagraphs 5(a), (c), (j) and (k). To that end, the provisions of the Import Licensing Agreement referred to in subparagraphs (a), (b) and (c) are incorporated into and made part of this Agreement, mutatis mutandis. 7. Each Party shall ensure that all export licensing procedures are neutral in application and administered in a fair, equitable, non-discriminatory and transparent manner. 8. A Party shall grant export licences for an appropriate length of time which shall not be shorter than set out in the domestic legislation providing for the export licensing requirement and which shall not preclude exports. 9. When a Party has denied an export licence application with respect to a good of the other Party, it shall, upon request of the applicant and promptly after receiving the request, provide the applicant with a written explanation of the reasons for the denial. The applicant shall have the right of appeal or review in accordance with the domestic legislation or procedures of the exporting Party. 10. A Party shall only adopt or maintain automatic export licensing procedures as a condition for exportation from its territory in order to fulfil legitimate objectives after having conducted an appropriate impact assessment. 11. The Parties shall only adopt or maintain non-automatic export licensing procedures in order to implement a measure that is not inconsistent with this Agreement, including with Article 2.22 (General Exceptions). A Party adopting non-automatic export licensing procedures shall indicate clearly the purpose of such licensing procedures.

Appears in 1 contract

Samples: Trade and Cooperation Agreement

Export Licensing Procedures. 1. Each Party shall notify the other Party of its existing export licensing procedures, including the legal basis and the relevant official website, within 30 days of the entry into force of this Agreement. 2. Each Party shall notify the other Party of any introduction or modification of any export licensing procedure which it intends to adopt no later than 45 days before the new procedure or modification takes effect. In no case shall a Party provide such notification later than 60 days following the date of the publication of the introduction or modification. 3. The notification referred to in paragraphs 1 and 2 shall contain the following information: (a) the texts of its export licensing procedures, including any modifications; (b) the products subject to each export licensing procedure; (c) for each export licensing procedure, a description of: (i) the process for applying for an export licence; and (ii) the criteria which an applicant must meet to be eligible to apply for an export licence; (d) the contact point or points from which interested persons can obtain further information on the conditions for obtaining an export licence; (e) the administrative body or bodies to which an application or other relevant documentation shall be submitted; (f) the period during which each export licensing procedure will be in effect; (g) if the Party intends to use an export licensing procedure to administer an export quota, the overall quantity and, where practicable, value of the quota and the opening and closing dates of the quota; and (h) any exceptions or derogations from an export licensing requirement, how to request those exceptions or derogations, and the criteria for granting them. 4. Each Party shall publish any export licensing procedure, including the legal basis and a reference to the relevant official website. Each Party shall also publish any new export licensing procedure, or any modification to its export licensing procedures, as soon as possible but in any case no later than 45 days after its adoption and at least 25 working days before its entry into force. 5. Upon request of a Party, the other Party shall respond within 60 days to a reasonable enquiry regarding any export licensing procedures which it intends to adopt or which it has adopted or maintained as well as the criteria for granting or for allocating export licences, including the eligibility of persons, firms, and institutions to make such an application, the administrative body or bodies to be approached, and the list of products subject to the export licensing requirement. 6. The Parties shall introduce and administer any export licensing procedures in accordance with: (a) paragraphs 1 to 9 of Article 1 of the Import Licensing Agreement; (b) Article 2 of the Import Licensing Agreement; (c) Article 3 of the Import Licensing Agreement with the exception of subparagraphs 5(a), (c), (j) and (k). To that end, the provisions of the Import Licensing Agreement referred to in subparagraphs (a), (b) and (c) are incorporated incor­ porated into and made part of this Agreement, mutatis mutandis. 7. Each Party shall ensure that all export licensing procedures are neutral in application and administered in a fair, equitable, non-discriminatory and transparent manner. 8. A Party shall grant export licences for an appropriate length of time which shall not be shorter than set out in the domestic legislation providing for the export licensing requirement and which shall not preclude exports. 9. When a Party has denied an export licence application with respect to a good of the other Party, it shall, upon request of the applicant and promptly after receiving the request, provide the applicant with a written explanation of the reasons for the denial. The applicant shall have the right of appeal or review in accordance with the domestic legislation or procedures of the exporting Party. 10. A Party shall only adopt or maintain automatic export licensing procedures as a condition for exportation from its territory in order to fulfil legitimate objectives after having conducted an appropriate impact assessment. 11. The Parties shall only adopt or maintain non-automatic export licensing procedures in order to implement a measure that is not inconsistent with this Agreement, including with Article 2.22 (General Exceptions). A Party adopting non-automatic export licensing procedures shall indicate clearly the purpose of such licensing procedures.

Appears in 1 contract

Samples: Free Trade Agreement

Export Licensing Procedures. 1. Each Party shall notify the other Party publish any new export licensing procedure, or any modification of its an existing export licensing proceduresprocedure, including in such a manner as to enable governments, traders and other interested parties to become acquainted with them. Such publication shall take place, whenever ptacticable, 45 days before the legal basis new export licensing procedure or any modification of an existing export licensing procedure takes effect, and in any event no later than the relevant official website, within 30 days date on which the new export licensing procedure or any modification of the entry into force of this Agreementan existing export licensing procedure takes effect. 2. Each Party shall notify ensure that it includes the other Party following information in its publication of any introduction or modification of any export licensing procedure which it intends to adopt no later than 45 days before the new procedure or modification takes effect. In no case shall a Party provide such notification later than 60 days following the date of the publication of the introduction or modification. 3. The notification referred to in paragraphs 1 and 2 shall contain the following informationprocedures: (a) the texts of its export licensing procedures, including or of any modificationsmodifications the Party makes to those procedures; (b) the products goods subject to each export licensing procedure; (c) for each export licensing procedure, a description of: (i) of the process for applying for an export licence; and (ii) the a licence and any criteria which an applicant must meet to be eligible to apply for a licence, such as possessing an export activity licence, establishing or maintaining an investment, or operating through a particular form of establishment in the territory of a Party; (d) the a contact point or points from which interested persons can obtain further information on the conditions for obtaining an export licence; (e) the administrative body or bodies to which an application for a licence or other relevant documentation shall is to be submitted; (f) a description of any measure or measures being implemented through the export licensing procedure; (g) the period during which each export licensing procedure will be in effect, unless the export licensing procedure will remain in effect until withdrawn or revised, resulting in a new publication; (gh) if the Party intends to use an export licensing procedure to administer an export quota, the overall quantity and, where practicableif applicable, the value of the quota and the opening and closing dates of the quota; and (hi) any exemptions or exceptions or derogations from that replace the requirement to obtain an export licensing requirementlicence, how to request or use those exceptions exemptions or derogationsexceptions, and the criteria for granting them. 43. Each Within 30 days after the date of entry into force of this Agreement, each Party shall publish any notify the other Party of its existing export licensing procedureprocedures. A Party that adopts new export licensing procedures, including or modifications of existing licensing procedures, shall notify the legal basis and a reference to other Party of such adoption or modification within 60 days after the relevant official website. Each Party shall also publish publication of any new export licensing procedure, procedure or any modification of an existing licensing procedure. The notification shall include the reference to its export licensing proceduresthe source or sources where the information specified in paragraph 2 is published and, as soon as possible but in any case no later than 45 days after its adoption and at least 25 working days before its entry into forceif appropriate, the address of the relevant government website or websites. 54. Upon request of For greater certainty, nothing in this Article requires a PartyParty to grant an export licence, the other or prevents a Party shall respond within 60 days to a reasonable enquiry regarding any export licensing procedures which it intends to adopt or which it has adopted or maintained from implementing its commitments under United Nations Security Council resolutions, as well as the criteria for granting or for allocating under multilateral non- proliferation regimes and export licencescontrol arrangements, including the eligibility of persons, firms, and institutions to make such an application, the administrative body or bodies to be approached, and the list of products subject to the export licensing requirement. 6. The Parties shall introduce and administer any export licensing procedures in accordance withincluding: (a) paragraphs 1 to 9 of Article 1 of the Import Licensing AgreementWassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies, done at the Hague on 19 December 1995; (b) Article 2 the Convention on the Prohibition of the Import Licensing AgreementDevelopment, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, done at Paris on 13 January 1993; (c) Article 3 the Convention on the Prohibition of the Import Licensing Agreement with the exception Development, Production and Stockpiling of subparagraphs 5(a), Bacteriological (c), (jBiological) and Toxin Weapons and on their Destruction, done at London, Moscow and Washington on 10 April 1972; (k). To that endd) the Treaty on the Non-Proliferation of Nuclear Weapons, done at London, Moscow and Washington on 1 July 1968; and (e) the Australia Group, the provisions of Nuclear Suppliers Group, and the Import Licensing Agreement referred to in subparagraphs (a), (b) and (c) are incorporated into and made part of this Agreement, mutatis mutandisMissile Technology Control Regime. 7. Each Party shall ensure that all export licensing procedures are neutral in application and administered in a fair, equitable, non-discriminatory and transparent manner. 8. A Party shall grant export licences for an appropriate length of time which shall not be shorter than set out in the domestic legislation providing for the export licensing requirement and which shall not preclude exports. 9. When a Party has denied an export licence application with respect to a good of the other Party, it shall, upon request of the applicant and promptly after receiving the request, provide the applicant with a written explanation of the reasons for the denial. The applicant shall have the right of appeal or review in accordance with the domestic legislation or procedures of the exporting Party. 10. A Party shall only adopt or maintain automatic export licensing procedures as a condition for exportation from its territory in order to fulfil legitimate objectives after having conducted an appropriate impact assessment. 11. The Parties shall only adopt or maintain non-automatic export licensing procedures in order to implement a measure that is not inconsistent with this Agreement, including with Article 2.22 (General Exceptions). A Party adopting non-automatic export licensing procedures shall indicate clearly the purpose of such licensing procedures.

Appears in 1 contract

Samples: Free Trade Agreement

Export Licensing Procedures. 1. Each Party shall notify the other Party of its existing export licensing procedures, including the legal basis and the relevant official websiteinternet site, within 30 days of after the entry into force of this Agreement. 2. Each Party shall notify the other Party of any introduction or modification of any an export licensing procedure which it intends to adopt normally no later than 45 5 For the purpose of this Article, "non-automatic import licensing procedures" is defined as import licensing procedures where approval of the application is not granted for all legal and natural persons who fulfil the requirements of the Party concerned for engaging in import operations involving the products subject to import licensing procedures. days before the new procedure or modification takes effect. In no case shall a Party provide such notification later than 60 days following the date of the publication of the introduction or modificationits publication. 3. The notification referred to in under paragraphs 1 and 2 shall contain the following information: (a) the texts of its export licensing procedures, including any modifications; (b) the products subject to each export licensing procedure; (c) for each export licensing procedure, a description of: (i) the process for applying for an export a licence; and; (ii) the criteria which an applicant must meet to be eligible to apply for an export seek a licence;. (d) the a contact point or points from which interested persons can obtain further information on the conditions for obtaining an export licence; (e) the administrative body or bodies body(ies) to which an application or other relevant documentation shall must be submitted; (f) the period during which each export licensing procedure will be in effect; (g) if the Party intends to use an export a licensing procedure to administer an export quota, the overall quantity and, where practicable, value of the quota and the opening and closing dates of the quota; and (h) any exceptions or derogations available to the public from an export a licensing requirement, how to request those these exceptions or derogations, and the criteria for granting them. 4. Each Party shall publish any applicable export licensing procedure, procedures including the legal basis and a reference to the relevant official websiteinternet site. Each Party shall also publish any new export licensing procedure, procedures or any modification to its export licensing proceduresprocedure, as soon as possible but in any case no later than 45 days after its adoption and at least 25 working days before its entry into force. 5. Upon request of a Party, the other Party shall respond within 60 days to a reasonable enquiry regarding any export licensing procedures which it intends to adopt or which it has adopted or maintained as well as the criteria for granting or for allocating and/or the allocation of export licences, licenses including the eligibility of persons, firms, and institutions to make such an application, the administrative body or bodies body(ies) to be approached, and the list of products subject to the export licensing requirement. 6. The Parties shall introduce and administer any export licensing procedures in accordance with: (a) paragraphs Paragraphs 1 to through 9 of Article 1 of the WTO Import Licensing Agreement; (b) Article 2 of the WTO Import Licensing Agreement; (c) Article 3 of the WTO Import Licensing Agreement with the exception of subparagraphs its paragraph 5(a), (c), (j) and ), (k). To that this end, the provisions of the Import Licensing Agreement referred to in subparagraphs (a), (b) and (c) of this paragraph are incorporated into and made part of this AgreementAgreement and shall apply, mutatis mutandis, between the Parties. 7. Each Party The Parties shall ensure that all export licensing procedures are neutral in application and administered in a fair, equitable, non-discriminatory and transparent manner. 8. A Party The Parties shall grant export licences for an appropriate length of time which shall not be shorter than set out foreseen in the domestic legislation providing for stipulating the obligation of export licensing requirement licences and which shall not preclude exports. 9. When Where a Party has denied an export licence application with respect to a good of the other Party, it shall, upon request of the applicant and promptly after receiving the request, provide the applicant with a written explanation of the reasons reason(s) for the denial. The applicant shall have the right of appeal or review in accordance with the domestic legislation or procedures of the exporting PartyMember. 10. A Party The Parties shall only adopt or maintain automatic export licensing procedures as a condition for exportation from its territory in order to fulfil fulfill legitimate objectives after having conducted an appropriate impact assessment. 11. The Parties shall only adopt or maintain non-automatic export licensing procedures procedures6 in order to implement a measure that is not inconsistent with this 6 For the purpose of this Article, "non-automatic import licensing procedures" is defined as import licensing procedures where approval of the application is not granted for all legal and natural persons who fulfil the requirements of the Party concerned for engaging in import operations involving the products subject to import licensing procedures. Agreement, including with Article 2.22 (20 [General Exceptions)Exception] of this Chapter. A Party adopting non-automatic export licensing procedures shall indicate clearly the purpose of being implemented through such licensing proceduresprocedure.

Appears in 1 contract

Samples: Trade Agreement

Export Licensing Procedures. 1. Each Party shall notify the other Party of its existing export licensing procedures, including the legal basis and the relevant official websiteinternet site, within 30 days of after the entry into force of this Agreement. 2. Each Party shall notify the other Party of any introduction or modification of any an export licensing procedure which it intends to adopt normally no later than 45 5 For the purpose of this Article, "non-automatic import licensing procedures" is defined as import licensing procedures where approval of the application is not granted for all legal and natural persons who fulfil the requirements of the Party concerned for engaging in import operations involving the products subject to import licensing procedures. days before the new procedure or modification takes effect. In no case shall a Party provide such notification later than 60 days following the date of the publication of the introduction or modification. 3its publication. The notification referred to in under paragraphs 1 and 2 shall contain the following information: (a) : the texts of its export licensing procedures, including any modifications; (b) ; the products subject to each export licensing procedure; (c) ; for each export licensing procedure, a description of: (i) : the process for applying for an export a licence; and (ii) the criteria which an applicant must meet to be eligible to apply for an export seek a licence; (d) the . a contact point or points from which interested persons can obtain further information on the conditions for obtaining an export licence; (e) ; the administrative body or bodies body(ies) to which an application or other relevant documentation shall must be submitted; (f) ; the period during which each export licensing procedure will be in effect; (g) ; if the Party intends to use an export a licensing procedure to administer an export quota, the overall quantity and, where practicable, value of the quota and the opening and closing dates of the quota; and (h) and any exceptions or derogations available to the public from an export a licensing requirement, how to request those these exceptions or derogations, and the criteria for granting them. 4. Each Party shall publish any applicable export licensing procedure, procedures including the legal basis and a reference to the relevant official websiteinternet site. Each Party shall also publish any new export licensing procedure, procedures or any modification to its export licensing proceduresprocedure, as soon as possible but in any case no later than 45 days after its adoption and at least 25 working days before its entry into force. 5. Upon request of a Party, the other Party shall respond within 60 days to a reasonable enquiry regarding any export licensing procedures which it intends to adopt or which it has adopted or maintained as well as the criteria for granting or for allocating and/or the allocation of export licences, licenses including the eligibility of persons, firms, and institutions to make such an application, the administrative body or bodies body(ies) to be approached, and the list of products subject to the export licensing requirement. 6. The Parties shall introduce and administer any export licensing procedures in accordance with: (a) paragraphs : Paragraphs 1 to through 9 of Article 1 of the WTO Import Licensing Agreement; (b) Article 2 of the Import Licensing Agreement; (c) Article 3 of the Import Licensing Agreement with the exception of subparagraphs 5(a), (c), (j) and (k). To that end, the provisions of the Import Licensing Agreement referred to in subparagraphs (a), (b) and (c) are incorporated into and made part of this Agreement, mutatis mutandis. 7. Each Party shall ensure that all export licensing procedures are neutral in application and administered in a fair, equitable, non-discriminatory and transparent manner. 8. A Party shall grant export licences for an appropriate length of time which shall not be shorter than set out in the domestic legislation providing for the export licensing requirement and which shall not preclude exports. 9. When a Party has denied an export licence application with respect to a good of the other Party, it shall, upon request of the applicant and promptly after receiving the request, provide the applicant with a written explanation of the reasons for the denial. The applicant shall have the right of appeal or review in accordance with the domestic legislation or procedures of the exporting Party. 10. A Party shall only adopt or maintain automatic export licensing procedures as a condition for exportation from its territory in order to fulfil legitimate objectives after having conducted an appropriate impact assessment. 11. The Parties shall only adopt or maintain non-automatic export licensing procedures in order to implement a measure that is not inconsistent with this Agreement, including with Article 2.22 (General Exceptions). A Party adopting non-automatic export licensing procedures shall indicate clearly the purpose of such licensing procedures.

Appears in 1 contract

Samples: Trade Agreement

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Export Licensing Procedures. 1. Each Party shall notify the other Party of its publish any new export licensing procedure, or any modification to an existing export licensing proceduresprocedure, including the legal basis in such a manner as to enable governments, traders and the relevant official websiteother interested parties to become acquainted with them. Such publication shall take place, within 30 days of the entry into force of this Agreement. 2. Each Party shall notify the other Party of any introduction or modification of any export licensing procedure which it intends to adopt no later than whenever practicable, 45 days before the new procedure or modification takes effect. In , and in all events no case shall a Party provide such notification later than 60 days following the date of the such procedure or modification takes effect. 2. The publication of the introduction or modification. 3. The notification referred to in paragraphs 1 and 2 export licensing procedures shall contain include the following information: (a) the texts of its export licensing procedures, including or of any modificationsmodifications it makes to those procedures; (b) the products goods subject to each export licensing procedure; (c) for each export licensing procedure, a description of: (i) of the process for applying for an export licence; and (ii) the a license and any criteria which an applicant must meet to be eligible to apply for a license, such as possessing an export licenceactivity license, establishing or maintaining an investment, or operating through a particular form of establishment in a Party’s territory; (d) the a contact point or points from which interested persons can obtain further information on the conditions for obtaining an export licencelicense; (e) the administrative body or bodies to which an application or other relevant documentation shall should be submitted; (f) a description of any measure or measures that the export licensing procedure is designed to implement; (g) the period during which each export licensing procedure will be in effect, unless the procedure will remain in effect until withdrawn or revised in a new publication; (gh) if the Party intends to use an export a licensing procedure to administer an export quota, the overall quantity and, where practicableif applicable, the value of the quota and the opening and closing dates of the quota; and (hi) any exemptions or exceptions or derogations from that replace the requirement to obtain an export licensing requirementlicense, how to request or use those exceptions exemptions or derogationsexceptions, and the criteria for granting them. 43. Each Within 30days after the date of entry into force of this Agreement, each Party shall publish any notify the other Party of its existing export licensing procedure, including the legal basis and a reference to the relevant official websiteprocedures. Each A Party shall also publish any that institutes new export licensing procedure, or any modification to its export licensing procedures, as soon as possible but in any case no later than 45 days after its adoption and at least 25 working days before its entry into force. 5. Upon request of a Partyor changes to existing licensing procedures, shall notify the other Party of such within 60days of publication. The notification shall respond within 60 days include the reference to the source(s) where the information required in paragraph 2 is published and include, where appropriate, the address of the relevant government Internet website(s). 4. For greater certainty, nothing in this Article requires a reasonable enquiry regarding any Party to grant an export licensing procedures which it intends to adopt license, or which it has adopted prevents a Party from implementing its obligations or maintained commitments under United Nations Security Council Resolutions, as well as the criteria for granting or for allocating export licences, including the eligibility of persons, firms, and institutions to make such an application, the administrative body or bodies to be approached, and the list of products subject to the export licensing requirement. 6. The Parties shall introduce and administer any export licensing procedures in accordance with: (a) paragraphs 1 to 9 of Article 1 of the Import Licensing Agreement; (b) Article 2 of the Import Licensing Agreement; (c) Article 3 of the Import Licensing Agreement with the exception of subparagraphs 5(a), (c), (j) and (k). To that end, the provisions of the Import Licensing Agreement referred to in subparagraphs (a), (b) and (c) are incorporated into and made part of this Agreement, mutatis mutandis. 7. Each Party shall ensure that all export licensing procedures are neutral in application and administered in a fair, equitable, under multilateral non-discriminatory proliferation regimes and transparent mannerexport control arrangements. 8. A Party shall grant export licences for an appropriate length of time which shall not be shorter than set out in the domestic legislation providing for the export licensing requirement and which shall not preclude exports. 9. When a Party has denied an export licence application with respect to a good of the other Party, it shall, upon request of the applicant and promptly after receiving the request, provide the applicant with a written explanation of the reasons for the denial. The applicant shall have the right of appeal or review in accordance with the domestic legislation or procedures of the exporting Party. 10. A Party shall only adopt or maintain automatic export licensing procedures as a condition for exportation from its territory in order to fulfil legitimate objectives after having conducted an appropriate impact assessment. 11. The Parties shall only adopt or maintain non-automatic export licensing procedures in order to implement a measure that is not inconsistent with this Agreement, including with Article 2.22 (General Exceptions). A Party adopting non-automatic export licensing procedures shall indicate clearly the purpose of such licensing procedures.

Appears in 1 contract

Samples: Eu Chile Free Trade Agreement

Export Licensing Procedures. 1. Each Party Party, in accordance with its competencies (6), shall notify the other Party of its ensure transparency with regard to export licensing procedures and publish any new export licensing procedure, or any modification to an existing export licensing proceduresprocedure in such a manner as to enable governments, including the legal basis traders and the relevant official websiteother interested parties to become acquainted with them. Such publication shall take place, within whenever practicable, no later than 30 days of the entry into force of this Agreement. 2. Each Party shall notify the other Party of before any introduction new export licencing procedure or any modification of any existing export licensing licencing procedure which it intends to adopt takes effect, and in any event no later than 45 days before the new date when such procedure or modification takes effect. 2. In no case shall a Party provide such notification later than 60 days following the date of the The publication of the introduction or modification. 3. The notification referred to in paragraphs 1 and 2 export licensing procedures shall contain include the following information: (a) the texts of its the export licensing procedures, including procedures or any modificationsmodifications made thereto; (b) the products goods subject to each export licensing procedure; (c) for each export licensing procedure, a description of: (i) of the process for applying for an export licence; and (ii) the license and any criteria which an applicant must meet has to fulfil to be eligible to apply for an export licencelicense, such as possessing an activity license, establishing or maintaining an investment, or operating through a particular form of establishment in a Party's territory; (d) the a contact point or points from which interested persons can obtain further information on the conditions for obtaining an export licencelicense; (e) the administrative body or bodies to which an application or other relevant documentation shall is to be submitted; (f) a description of any measure or measures that the export licensing procedure is designed to implement; (g) the period during which each export licensing procedure will be in effect, unless the procedure will remain in effect until it is withdrawn or revised in a new publication; (gh) if the Party intends to use an export licensing procedure to administer an export quota, the overall quantity and, where practicableif applicable, the value of the quota and the opening and closing dates of the quota; and (hi) any exemptions from or exceptions or derogations from to the requirement to obtain an export licensing requirementlicense, how to request or use those exceptions exemptions or derogationsexceptions, and the criteria for granting them. 43. Each Within 45 days after the date of entry into force of this Agreement, each Party shall publish any notify the other Party of its existing export licensing procedure, including the legal basis and procedures. A Party that adopts a reference to the relevant official website. Each Party shall also publish any new export licensing procedure, or modifies any modification to its existing export licensing proceduresprocedure, as soon as possible but in any case no later than 45 days after its adoption and at least 25 working days before its entry into force. 5. Upon request of a Party, shall notify to the other Party shall respond the procedure or modification within 60 days of publication. The notification shall include the reference to a reasonable enquiry regarding any export licensing procedures which it intends the source(s) where the information required pursuant to adopt or which it has adopted or maintained as well as the criteria for granting or for allocating export licencesparagraph 2 is published and include, including the eligibility of persons, firms, and institutions to make such an applicationwhere appropriate, the administrative body or bodies to be approached, and the list of products subject to the export licensing requirement. 6. The Parties shall introduce and administer any export licensing procedures in accordance with: (a) paragraphs 1 to 9 of Article 1 address of the Import Licensing Agreement; (b) Article 2 of the Import Licensing Agreement; (c) Article 3 of the Import Licensing Agreement with the exception of subparagraphs 5(a), (c), (j) and (k). To that end, the provisions of the Import Licensing Agreement referred to in subparagraphs (a), (b) and (c) are incorporated into and made part of this Agreement, mutatis mutandisrelevant official website. 7. Each Party shall ensure that all export licensing procedures are neutral in application and administered in a fair, equitable, non-discriminatory and transparent manner. 8. A Party shall grant export licences for an appropriate length of time which shall not be shorter than set out in the domestic legislation providing for the export licensing requirement and which shall not preclude exports. 9. When a Party has denied an export licence application with respect to a good of the other Party, it shall, upon request of the applicant and promptly after receiving the request, provide the applicant with a written explanation of the reasons for the denial. The applicant shall have the right of appeal or review in accordance with the domestic legislation or procedures of the exporting Party. 10. A Party shall only adopt or maintain automatic export licensing procedures as a condition for exportation from its territory in order to fulfil legitimate objectives after having conducted an appropriate impact assessment. 11. The Parties shall only adopt or maintain non-automatic export licensing procedures in order to implement a measure that is not inconsistent with this Agreement, including with Article 2.22 (General Exceptions). A Party adopting non-automatic export licensing procedures shall indicate clearly the purpose of such licensing procedures.

Appears in 1 contract

Samples: Enhanced Partnership and Cooperation Agreement

Export Licensing Procedures. 1. Each Party shall notify the other Party publish any new export licensing procedure, or any modification of its an existing export licensing proceduresprocedure, including in such a manner as to enable governments, traders and other interested parties to become acquainted with them. Such publication shall take place, whenever practicable, 45 days before the legal basis new export licensing procedure or modification of an existing export licensing procedure takes effect, and in any event no later than the relevant official website, within 30 days of date on which the entry into force of this Agreementnew export licensing procedure or modification takes effect. 2. Each Party shall notify ensure that it includes the other Party following information in its publication of any introduction or modification of any export licensing procedure which it intends to adopt no later than 45 days before the new procedure or modification takes effect. In no case shall a Party provide such notification later than 60 days following the date of the publication of the introduction or modification. 3. The notification referred to in paragraphs 1 and 2 shall contain the following informationprocedures: (a) the texts of its export licensing procedures, including or of any modificationsmodifications the Party makes to those procedures; (b) the products goods subject to each export licensing procedure; (c) for each export licensing procedure, a description of: (i) of the process for applying for an export licence; and (ii) the a license and any criteria which an applicant must meet to be eligible to apply for a license, such as possessing an export licenceactivity license, establishing or maintaining an investment, or operating through a particular form of establishment in the territory of a Party; (d) the a contact point or points from which interested persons can obtain further information on the conditions for obtaining an export licence; (e) the administrative body or bodies to which an application for a licence or other relevant documentation shall is to be submitted; (f) a description of any measure or measures being implemented through the export licensing procedure; (g) the period during which each export licensing procedure will be in effect, unless the export licensing procedure will remain in effect until withdrawn or revised, resulting in a new publication; (gh) if the Party intends to use an export licensing procedure to administer an export quota, the overall quantity and, where practicableif applicable, the value of the quota and the opening and closing dates of the quota; and (hi) any exemptions or exceptions or derogations from that replace the requirement to obtain an export licensing requirementlicence, how to request or use those exceptions exemptions or derogationsexceptions, and the criteria for granting them. 43. Each Within 30 days after the date of entry into force of this Agreement, each Party shall publish any notify the other Party of its existing export licensing procedureprocedures. A Party that adopts new export licensing procedures, including or modifications of existing licensing procedures, shall notify the legal basis and a reference to other Party of such adoption or modification within 60 days after the relevant official website. Each Party shall also publish publication of any new export licensing procedure, procedure or any modification of an existing licensing procedure. The notification shall include the reference to its export licensing proceduresthe source or sources where the information required in paragraph 2 is published and include, as soon as possible but in any case no later than 45 days after its adoption and at least 25 working days before its entry into forceif appropriate, the address of the relevant government website or websites. 54. Upon request of For greater certainty, nothing in this Article requires a PartyParty to grant an export licence, the other or prevents a Party shall respond within 60 days to a reasonable enquiry regarding any export licensing procedures which it intends to adopt or which it has adopted or maintained from implementing its commitments under United Nations Security Council Resolutions, as well as the criteria for granting or for allocating under multilateral non-proliferation regimes and export licencescontrol arrangements, including the eligibility of persons, firms, and institutions to make such an application, the administrative body or bodies to be approached, and the list of products subject to the export licensing requirement. 6. The Parties shall introduce and administer any export licensing procedures in accordance withincluding: (a) paragraphs 1 to 9 of Article 1 of the Import Licensing AgreementWassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies done at the Hague on 19 December 1995; (b) Article 2 the Convention on the Prohibition of the Import Licensing AgreementDevelopment, Production, Stockpiling and Use of Chemical Weapons and on their Destruction done at Paris on 13 January 1993; (c) Article 3 the Convention on the Prohibition of the Import Licensing Agreement with the exception Development, Production and Stockpiling of subparagraphs 5(a), Bacteriological (c), (jBiological) and Toxin Weapons and on their Destruction done at London, Moscow and Washington on 10 April 1972; (k). To that endd) the Treaty on the Non-Proliferation of Nuclear Weapons done at London, Moscow and Washington on 1 July 1968; and (e) the Australia Group, the provisions of Nuclear Suppliers Group, and the Import Licensing Agreement referred to in subparagraphs (a), (b) and (c) are incorporated into and made part of this Agreement, mutatis mutandisMissile Technology Control Regime. 7. Each Party shall ensure that all export licensing procedures are neutral in application and administered in a fair, equitable, non-discriminatory and transparent manner. 8. A Party shall grant export licences for an appropriate length of time which shall not be shorter than set out in the domestic legislation providing for the export licensing requirement and which shall not preclude exports. 9. When a Party has denied an export licence application with respect to a good of the other Party, it shall, upon request of the applicant and promptly after receiving the request, provide the applicant with a written explanation of the reasons for the denial. The applicant shall have the right of appeal or review in accordance with the domestic legislation or procedures of the exporting Party. 10. A Party shall only adopt or maintain automatic export licensing procedures as a condition for exportation from its territory in order to fulfil legitimate objectives after having conducted an appropriate impact assessment. 11. The Parties shall only adopt or maintain non-automatic export licensing procedures in order to implement a measure that is not inconsistent with this Agreement, including with Article 2.22 (General Exceptions). A Party adopting non-automatic export licensing procedures shall indicate clearly the purpose of such licensing procedures.

Appears in 1 contract

Samples: Free Trade Agreement

Export Licensing Procedures. 1. Each Party shall notify the other Party of its publish any new export licensing procedure, or any modification to an existing export licensing proceduresprocedure, including the legal basis in such a manner as to enable governments, traders and the relevant official websiteother interested parties to become acquainted with them. Such publication shall take place, within whenever practicable, 30 days of the entry into force of this Agreement. 2. Each Party shall notify the other Party of any introduction or modification of any export licensing procedure which it intends to adopt no later than 45 days before the new procedure or modification takes effect. In , and in all events no case shall a Party provide such notification later than 60 days following the date of the such procedure or modification takes effect. 2. The publication of the introduction or modification. 3. The notification referred to in paragraphs 1 and 2 export licensing procedures shall contain include the following information: (a) the texts of its export licensing procedures, including or of any modificationsmodifications it makes to those procedures; (b) the products goods subject to each export licensing procedure; (c) for each export licensing procedure, a description of: (i) of the process for applying for an export licence; and (ii) the a license and any criteria which an applicant must meet to be eligible to apply for a license, such as possessing an export licenceactivity license, establishing or maintaining an investment, or operating through a particular form of establishment in a Party’s territory; (d) the a contact point or points from which interested persons can obtain further information on the conditions for obtaining an export licencelicense; (e) the administrative body or bodies to which an application or other relevant documentation shall should be submitted; (f) a description of any measure or measures that the export licensing procedure is designed to implement; (g) the period during which each export licensing procedure will be in effect, unless the procedure will remain in effect until withdrawn or revised in a new publication; (gh) if the Party intends to use an export a licensing procedure to administer an export quota, the overall quantity and, where practicableif applicable, the value of the quota and the opening and closing dates of the quota; and (hi) any exemptions or exceptions or derogations from that replace the requirement to obtain an export licensing requirementlicense, how to request or use those exceptions exemptions or derogationsexceptions, and the criteria for granting them. 43. Each Within 30 days after the date of entry into force of this Agreement, each Party shall publish any notify the other Party of its existing export licensing procedure, including the legal basis and a reference to the relevant official websiteprocedures. Each A Party shall also publish any that institutes new export licensing procedure, or any modification to its export licensing procedures, as soon as possible but in any case no later than 45 days after its adoption and at least 25 working days before its entry into force. 5. Upon request of a Partyor changes to existing licensing procedures, shall notify the other Party shall respond of such within 60 days of publication. The notification shall include the reference to the source(s) where the information required in paragraph 2 is published and include, where appropriate, the address of the relevant government Internet website(s). 4. For greater certainty, nothing in this Article requires a reasonable enquiry regarding any Party to grant an export licensing procedures which it intends to adopt license, or which it has adopted prevents a Party from implementing its obligations or maintained commitments under United Nations Security Council Resolutions, as well as the criteria for granting or for allocating export licences, including the eligibility of persons, firms, and institutions to make such an application, the administrative body or bodies to be approached, and the list of products subject to the export licensing requirement. 6. The Parties shall introduce and administer any export licensing procedures in accordance with: (a) paragraphs 1 to 9 of Article 1 of the Import Licensing Agreement; (b) Article 2 of the Import Licensing Agreement; (c) Article 3 of the Import Licensing Agreement with the exception of subparagraphs 5(a), (c), (j) and (k). To that end, the provisions of the Import Licensing Agreement referred to in subparagraphs (a), (b) and (c) are incorporated into and made part of this Agreement, mutatis mutandis. 7. Each Party shall ensure that all export licensing procedures are neutral in application and administered in a fair, equitable, under multilateral non-discriminatory proliferation regimes and transparent mannerexport control arrangements. 8. A Party shall grant export licences for an appropriate length of time which shall not be shorter than set out in the domestic legislation providing for the export licensing requirement and which shall not preclude exports. 9. When a Party has denied an export licence application with respect to a good of the other Party, it shall, upon request of the applicant and promptly after receiving the request, provide the applicant with a written explanation of the reasons for the denial. The applicant shall have the right of appeal or review in accordance with the domestic legislation or procedures of the exporting Party. 10. A Party shall only adopt or maintain automatic export licensing procedures as a condition for exportation from its territory in order to fulfil legitimate objectives after having conducted an appropriate impact assessment. 11. The Parties shall only adopt or maintain non-automatic export licensing procedures in order to implement a measure that is not inconsistent with this Agreement, including with Article 2.22 (General Exceptions). A Party adopting non-automatic export licensing procedures shall indicate clearly the purpose of such licensing procedures.

Appears in 1 contract

Samples: Trade Agreement

Export Licensing Procedures. 1. Each Party shall notify the other Party of its publish any new export licensing procedure, or any modification to an existing export licensing proceduresprocedure, including the legal basis in such a manner as to enable governments, traders and the relevant official websiteother interested parties to become acquainted with them. Such publication shall take place, within 30 days of the entry into force of this Agreement. 2. Each Party shall notify the other Party of any introduction or modification of any export licensing procedure which it intends to adopt no later than 45 whenever practicable, [45] days before the new procedure or modification takes effect. In , and in all events no case shall a Party provide such notification later than 60 days following the date of the such procedure or modification takes effect. 2. The publication of the introduction or modification. 3. The notification referred to in paragraphs 1 and 2 export licensing procedures shall contain include the following information: (a) the texts of its export licensing procedures, including or of any modificationsmodifications it makes to those procedures; (b) the products goods subject to each export licensing procedure; (c) for each export licensing procedure, a description of: (i) of the process for applying for an export licence; and (ii) the a license and any criteria which an applicant must meet to be eligible to apply for a license, such as possessing an export licenceactivity license, establishing or maintaining an investment, or operating through a particular form of establishment in a Party’s territory; (d) the a contact point or points from which interested persons can obtain further information on the conditions for obtaining an export licencelicense; (e) the administrative body or bodies to which an application or other relevant documentation shall should be submitted; (f) a description of any measure or measures that the export licensing procedure is designed to implement; (g) the period during which each export licensing procedure will be in effect, unless the procedure will remain in effect until withdrawn or revised in a new publication; (gh) if the Party intends to use an export a licensing procedure to administer an export quota, the overall quantity and, where practicableif applicable, the value of the quota and the opening and closing dates of the quota; and (hi) any exemptions or exceptions or derogations from that replace the requirement to obtain an export licensing requirementlicense, how to request or use those exceptions exemptions or derogationsexceptions, and the criteria for granting them. 43. Each Within [30] days after the date of entry into force of this Agreement, each Party shall publish any notify the other Party of its existing export licensing procedure, including the legal basis and a reference to the relevant official websiteprocedures. Each A Party shall also publish any that institutes new export licensing procedure, or any modification to its export licensing procedures, as soon as possible but in any case no later than 45 days after its adoption and at least 25 working days before its entry into force. 5. Upon request of a Partyor changes to existing licensing procedures, shall notify the other Party of such within [60] days of publication. The notification shall respond within 60 days include the reference to the source(s) where the information required in paragraph 2 is published and include, where appropriate, the address of the relevant government Internet website(s). 4. For greater certainty, nothing in this Article requires a reasonable enquiry regarding any Party to grant an export licensing procedures which it intends to adopt license, or which it has adopted prevents a Party from implementing its obligations or maintained commitments under United Nations Security Council Resolutions, as well as the criteria for granting or for allocating under multilateral non-proliferation regimes and export licencescontrol arrangements, including the eligibility of persons, firms, Wassenaar Arrangement on Export Controls for Conventional Arms and institutions to make such an applicationDual-Use Goods and Technologies, the administrative body or bodies to be approachedAustralia Group, the Nuclear Suppliers Group, and the list of products subject to the export licensing requirementMissile Technology Control Regime]. 6. The Parties shall introduce and administer any export licensing procedures in accordance with: (a) paragraphs 1 to 9 of Article 1 of the Import Licensing Agreement; (b) Article 2 of the Import Licensing Agreement; (c) Article 3 of the Import Licensing Agreement with the exception of subparagraphs 5(a), (c), (j) and (k). To that end, the provisions of the Import Licensing Agreement referred to in subparagraphs (a), (b) and (c) are incorporated into and made part of this Agreement, mutatis mutandis. 7. Each Party shall ensure that all export licensing procedures are neutral in application and administered in a fair, equitable, non-discriminatory and transparent manner. 8. A Party shall grant export licences for an appropriate length of time which shall not be shorter than set out in the domestic legislation providing for the export licensing requirement and which shall not preclude exports. 9. When a Party has denied an export licence application with respect to a good of the other Party, it shall, upon request of the applicant and promptly after receiving the request, provide the applicant with a written explanation of the reasons for the denial. The applicant shall have the right of appeal or review in accordance with the domestic legislation or procedures of the exporting Party. 10. A Party shall only adopt or maintain automatic export licensing procedures as a condition for exportation from its territory in order to fulfil legitimate objectives after having conducted an appropriate impact assessment. 11. The Parties shall only adopt or maintain non-automatic export licensing procedures in order to implement a measure that is not inconsistent with this Agreement, including with Article 2.22 (General Exceptions). A Party adopting non-automatic export licensing procedures shall indicate clearly the purpose of such licensing procedures.

Appears in 1 contract

Samples: Eu Australia Free Trade Agreement Proposal

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