Common use of Focal Points or Ombudsmen Clause in Contracts

Focal Points or Ombudsmen. (1) 1. Each party shall designate a National Focal Point, or Ombudsman, which shall have as its main responsibility the support for investor from the other Party in its territory. 2. In Brazil, the Ombudsman shall be in the Chamber of Foreign Trade - CAMEX (2). 3. In the Republic of Malawi, the National Focal Point shall be the Malawi Investment and Trade Centre (3). 4. The National Focal Point, among other responsibilities, shall: a) Comply with the guidelines of the Joint Committee and interact with the National Focal Point of the other Party, in accordance with this Agreement; b) Interact with the relevant government authorities to assess and recommend, when appropriate, referrals for the suggestions and complaints received from the Government and investors of the other Party, providing information to the Government or interested investors about any undertakings resulting from such suggestions and complaints; c) Mitigate conflicts and facilitate their resolutions in coordination with relevant Government authorities and in partnership with pertinent private bodies; d) Provide timely and useful information on regulatory issues on general investment or on specific projects; and e) Report activities and milestones to the Joint Committee, when appropriate. 5. Each Party shall draw up rules of procedure for the operation of its National Focal Point, expressly stipulating, when appropriate, time limits for the implementation of each of its functions and responsibilities. 6. Each Party shall designate only one agency or authority as its National Focal Point, which shall give prompt replies to notifications and requests by the Government and investors from the other Party. 7. The Parties shall provide the means and resources for the National Focal Point to perform its functions, as well as ensure its institutional access to other government bodies responsible for the terms of this Agreement. (1) For the purpose of this Agreement, "Ombudsman"/"Ombusdmen" are terms only applicable to Brazil, and are an exact synonym for "Focal Point"/"Focal Points". (2) The Chamber of Foreign Trade (CAMEX) is part of the Government Council of the Presidency of the Federative Republic of Brazil. Its main body is the Council of Ministers, which is an interministerial body (3) The MITC is a government agency responsible for investment and trade promotion operating under the INVESTMENT AND EXPORT PROMOTION ACT.