Import Licensing Procedures. 1. Each Party shall ensure that all automatic and non-automatic import licensing procedures are implemented in a transparent and predictable manner, and applied in accordance with the Import Licensing Agreement. No Party shall adopt or maintain a measure that is inconsistent with the Import Licensing Agreement. 2. Each Party shall, promptly after the date of entry into force of this Agreement for that Party, notify the other Parties of its existing import licensing procedures. The notification shall include the information specified in paragraph 2 of Article 5 of the Import Licensing Agreement. A Party shall be deemed to be in compliance with this paragraph if: (a) it has notified the procedures to the WTO Committee on Import Licensing provided for in Article 4 of the Import Licensing Agreement (hereinafter referred to as “WTO Committee on Import Licensing” in this Chapter), together with the information specified in paragraph 2 of Article 5 of the Import Licensing Agreement; and (b) in the most recent annual submission due before the date of entry into force of this Agreement for that Party to the WTO Committee on Import Licensing in response to the annual questionnaire on import licensing procedures described in paragraph 3 of Article 7 of the Import Licensing Agreement, it has provided, with respect to those existing import licensing procedures, the information requested in that questionnaire. 3. Each Party shall notify the other Parties of any new import licensing procedure and any modification it makes to its existing import licensing procedures, to the extent possible 30 days before the new procedure or modification takes effect. In no case shall a Party provide the notification later than 60 days after the date of its publication. A notification provided under this paragraph shall include the information specified in Article 5 of the Import Licensing Agreement. A Party shall be deemed to be in compliance with this paragraph if it notifies a new import licensing procedure or a modification to an existing import licensing procedure to the WTO Committee on Import Licensing in accordance with paragraph 1, 2, or 3 of Article 5 of the Import Licensing Agreement. 4. Before applying any new or modified import licensing procedure, a Party shall publish the new procedure or modification on an official government website. To the extent possible, the Party shall do so at least 21 days before the new procedure or modification takes effect. 5. The notification required under paragraphs 2 and 3 is without prejudice to whether the import licensing procedure is consistent with this Agreement. 6. A notification made under paragraph 3 shall state if, under any procedure that is a subject of the notification: (a) the terms of an import licence for any product limit the permissible end users of the product; or (b) the Party imposes any of the following conditions on eligibility for obtaining a licence to import any product: (i) membership in an industry association; (ii) approval by an industry association of the request for an import licence; (iii) a history of importing the product, or similar products; (iv) minimum importer or end user production capacity; (v) minimum importer or end user registered capital; or (vi) a contractual or other relationship between the importer and distributor in the Party’s territory. 7. Each Party shall, to the extent possible, answer within 60 days all reasonable enquiries from another Party regarding the criteria employed by its respective licensing authorities in granting or denying import licences. The importing Party shall publish sufficient information for the other Parties and traders to know the basis for granting or allocating import licences. 8. No application for an import licence shall be refused for minor documentation errors that do not alter the basic data contained therein. Minor documentation errors may include formatting errors, such as the width of a margin or the font used, and spelling errors which are obviously made without fraudulent intent or gross negligence. 9. If a Party denies an import licence application with respect to a good of another Party, it shall, on request of the applicant and within a reasonable period after receiving the request, provide the applicant with an explanation of the reason for the denial.
Appears in 6 contracts
Samples: Regional Comprehensive Economic Partnership Agreement, Regional Comprehensive Economic Partnership Agreement, Regional Comprehensive Economic Partnership Agreement
Import Licensing Procedures. 1. Each Party shall ensure that all automatic The Parties affirm their rights and non-automatic import licensing procedures are implemented in a transparent and predictable manner, and applied in accordance with the Import Licensing Agreement. No Party shall adopt or maintain a measure that is inconsistent with obligations under the Import Licensing Agreement.
2. Each Party shallshall notify the other Party of its existing import licensing procedures, promptly after including the date legal basis and the relevant official website, within 30 days of the entry into force of this Agreement for that Party, notify the other Parties of its existing import licensing procedures. The notification shall include the information specified in paragraph 2 of unless they were already notified or provided under Article 5 of the Import Licensing Agreement. A Party shall be deemed to be in compliance with this paragraph if:
(a) it has notified the procedures to the WTO Committee on Import Licensing provided for in Article 4 of the Import Licensing Agreement (hereinafter referred to as “WTO Committee on Import Licensing” in this Chapter), together with the information specified in paragraph 2 of Article 5 of the Import Licensing Agreement; and
(b) in the most recent annual submission due before the date of entry into force of this Agreement for that Party to the WTO Committee on Import Licensing in response to the annual questionnaire on import licensing procedures described in or paragraph 3 of Article 7 of the Import Licensing Agreement, it has provided, with respect . The notification shall contain the same information as referred to those existing import licensing procedures, in Article 5 or paragraph 3 of Article 7 of the information requested in that questionnaireImport Licensing Agreement.
3. Each Party shall notify the other Parties Party of any new introduction or modification of any import licensing procedure and any modification which it makes intends to its existing import licensing procedures, to the extent possible 30 adopt no later than 45 days before the new procedure or modification takes effect. In no case shall a Party provide the such notification later than 60 days after following the date of its publication. A notification provided under the publication of the introduction or modification unless this paragraph shall include the information specified was already notified in accordance with Article 5 of the Import Licensing Agreement. A Party The notification shall be deemed contain the same information as referred to be in compliance with this paragraph if it notifies a new import licensing procedure or a modification to an existing import licensing procedure to the WTO Committee on Import Licensing in accordance with paragraph 1, 2, or 3 of Article 5 of the Import Licensing Agreement.
4. Before applying any new or modified import licensing procedure, a Each Party shall publish the new procedure or modification on an official government website. To website any information that it is required to publish pursuant to subparagraph 4(a) of Article 1 of the extent possible, the Party shall do so at least 21 days before the new procedure or modification takes effectImport Licensing Agreement.
5. The notification required under paragraphs 2 Upon request of a Party, the other Party shall respond within 60 days to a reasonable enquiry regarding any import licensing procedure which it intends to adopt or has adopted or maintained, as well as the criteria for granting or for allocating import licences, including the eligibility of persons, firms, and 3 is without prejudice institutions to whether make such an application, the administrative body or bodies to be approached and the list of products subject to the import licensing procedure is consistent with this Agreementrequirement.
6. A notification made under paragraph 3 The Parties shall state if, under any procedure that is a subject of the notificationintroduce and administer import licensing procedures in accordance with:
(a) the terms paragraphs 1 to 9 of an import licence for any product limit the permissible end users Article 1 of the product; orImport Licensing Agreement;
(b) the Party imposes any Article 2 of the following conditions on eligibility for obtaining a licence to import any product:Import Licensing Agreement; and
(ic) membership in an industry association;
(ii) approval by an industry association Article 3 of the request for an import licence;
Import Licensing Agreement. To that end, the provisions referred to in subparagraphs (iiia), (b) a history and (c) are incorporated into and made part of importing the productthis Agreement, or similar products;
(iv) minimum importer or end user production capacity;
(v) minimum importer or end user registered capital; or
(vi) a contractual or other relationship between the importer and distributor in the Party’s territorymutatis mutandis.
7. Each Party shall, to the extent possible, answer within 60 days all reasonable enquiries from another Party regarding the criteria employed by its respective licensing authorities in granting or denying import licences. The importing A Party shall publish sufficient information only adopt or maintain automatic import licensing procedures as a condition for the other Parties and traders importation into its territory in order to know the basis for granting or allocating import licencesfulfil legitimate objectives after having conducted an appropriate impact assessment.
8. No application A Party shall grant import licences for an appropriate length of time which shall not be shorter than set out in the domestic legislation providing for the import licence licensing requirements and which shall be refused for minor documentation errors that do not alter the basic data contained therein. Minor documentation errors may include formatting errors, such as the width of a margin or the font used, and spelling errors which are obviously made without fraudulent intent or gross negligencepreclude imports.
9. If Where a Party denies has denied an import licence application with respect to a good of another the other Party, it shall, on upon request of the applicant and within a reasonable period promptly after receiving the request, provide the applicant with an a written explanation of the reason reasons for the denial. The applicant shall have the right of appeal or review in accordance with the domestic legislation or procedures of the importing Party.
10. The Parties shall only adopt or maintain non-automatic import 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 import licensing procedures shall indicate clearly the purpose of such licensing procedures.
Appears in 5 contracts
Samples: Trade Agreement, Free Trade Agreement, Free Trade Agreement
Import Licensing Procedures. 1. Each Party shall ensure that all automatic and non-automatic import licensing procedures are implemented in a transparent and predictable manner, and applied in accordance with the Import Licensing Agreement. No Party shall adopt or maintain a measure that is inconsistent with the Import Licensing Agreement.
2. Each Party shall, promptly after the date of entry into force of this Agreement for that Party, notify the other Parties of its existing import licensing procedures. The notification shall include the information specified in paragraph 2 of Article 5 of the Import Licensing Agreement. A Party shall be deemed to be in compliance with this paragraph if:
(a) it has notified the procedures to the WTO Committee on Import Licensing provided for in Article 4 of the Import Licensing Agreement (hereinafter referred to as “WTO Committee on Import Licensing” in this Chapter), together with the information specified in paragraph 2 of Article 5 of the Import Licensing Agreement; and
(b) in the most recent annual submission due before the date of entry into force of this Agreement for that Party to the WTO Committee on Import Licensing in response to the annual questionnaire on import licensing procedures described in paragraph 3 of Article 7 of the Import Licensing Agreement, it has provided, with respect to those existing import licensing procedures, the information requested in that questionnaire.
3. Each Party shall notify the other Parties of any new import licensing procedure and any modification it makes to its existing import licensing procedures, to the extent possible 30 days before the new procedure or modification takes effect. In no case shall a Party provide the notification later than 60 days after the date of its publication. A notification provided under this paragraph shall include the information specified in Article 5 of the Import Licensing Agreement. A Party shall be deemed to be in compliance with this paragraph if it notifies a new import licensing procedure or a modification to an existing import licensing procedure to the WTO Committee on Import Licensing in accordance with paragraph 1, 2, or 3 of Article 5 of the Import Licensing Agreement.
4. Before applying any new or modified import licensing procedure, a Party shall publish the new procedure or modification on an official government website. To the extent possible, the Party shall do so at least 21 days before the new procedure or modification takes effect.
5. The notification required under paragraphs 2 and 3 is without prejudice to whether the import licensing procedure is consistent with this Agreement.
6. A notification made under paragraph 3 shall state if, under any procedure that is a subject of the notification:
(a) the terms of an import licence for any product limit the permissible end users of the product; or
(b) the Party imposes any of the following conditions on eligibility for obtaining a licence to import any product:
(i) membership in an industry association;
(ii) approval by an industry association of the request for an import licence;
(iii) a history of importing the product, or similar products;
(iv) a minimum importer or end user production capacity;
(v) minimum importer or end user registered capital; or
(vi) a contractual or other relationship between the importer and distributor in the Party’s territory.
7. Each Party shall, to the extent possible, answer within 60 days all reasonable enquiries from another Party regarding the criteria employed by its respective licensing authorities in granting or denying import licences. The importing Party shall publish sufficient information for the other Parties and traders to know the basis for granting or allocating import licences.
8. No application for an import licence shall be refused for minor documentation errors that do not alter the basic data contained therein. Minor documentation errors may include formatting errors, such as the width of a margin or the font used, and spelling errors which are obviously made without fraudulent intent or gross negligence.
9. If a Party denies an import licence application with respect to a good of another Party, it shall, on request of the applicant and within a reasonable period after receiving the request, provide the applicant with an explanation of the reason for the denial.
Appears in 3 contracts
Samples: Regional Comprehensive Economic Partnership Agreement, Regional Comprehensive Economic Partnership Agreement, Regional Comprehensive Economic Partnership Agreement
Import Licensing Procedures. 1. Each Party shall ensure that all automatic and non-automatic import licensing procedures are implemented in a transparent and predictable manner, and applied in accordance with the Import Licensing Agreement. No Party shall adopt or maintain a measure that is inconsistent with the Import Licensing Agreement.
2. Each Party shall, promptly after the date of entry into force of this Agreement for that Party, notify the other Parties of its existing import licensing procedures. The notification shall include the information specified in paragraph 2 of Article 5 of the Import Licensing Agreement. A Party shall be deemed to be in compliance with this paragraph if:
(a) : it has notified the procedures to the WTO Committee on Import Licensing provided for in Article 4 of the Import Licensing Agreement (hereinafter referred to as “WTO Committee on Import Licensing” in this Chapter), together with the information specified in paragraph 2 of Article 5 of the Import Licensing Agreement; and
(b) and in the most recent annual submission due before the date of entry into force of this Agreement for that Party to the WTO Committee on Import Licensing in response to the annual questionnaire on import licensing procedures described in paragraph 3 of Article 7 of the Import Licensing Agreement, it has provided, with respect to those existing import licensing procedures, the information requested in that questionnaire.
3. Each Party shall notify the other Parties of any new import licensing procedure and any modification it makes to its existing import licensing procedures, to the extent possible 30 days before the new procedure or modification takes effect. In no case shall a Party provide the notification later than 60 days after the date of its publication. A notification provided under this paragraph shall include the information specified in Article 5 of the Import Licensing Agreement. A Party shall be deemed to be in compliance with this paragraph if it notifies a new import licensing procedure or a modification to an existing import licensing procedure to the WTO Committee on Import Licensing in accordance with paragraph 1, 2, or 3 of Article 5 of the Import Licensing Agreement.
4. Before applying any new or modified import licensing procedure, a Party shall publish the new procedure or modification on an official government website. To the extent possible, the Party shall do so at least 21 days before the new procedure or modification takes effect.
5. The notification required under paragraphs 2 and 3 is without prejudice to whether the import licensing procedure is consistent with this Agreement.
6. A notification made under paragraph 3 shall state if, under any procedure that is a subject of the notification:
(a) : the terms of an import licence for any product limit the permissible end users of the product; or
(b) or the Party imposes any of the following conditions on eligibility for obtaining a licence to import any product:
(i) : membership in an industry association;
(ii) ; approval by an industry association of the request for an import licence;
(iii) ; a history of importing the product, or similar products;
(iv) ; a minimum importer or end user production capacity;
(v) ; minimum importer or end user registered capital; or
(vi) or a contractual or other relationship between the importer and distributor in the Party’s territory.
7. Each Party shall, to the extent possible, answer within 60 days all reasonable enquiries from another Party regarding the criteria employed by its respective licensing authorities in granting or denying import licences. The importing Party shall publish sufficient information for the other Parties and traders to know the basis for granting or allocating import licences.
8. No application for an import licence shall be refused for minor documentation errors that do not alter the basic data contained therein. Minor documentation errors may include formatting errors, such as the width of a margin or the font used, and spelling errors which are obviously made without fraudulent intent or gross negligence.
9. If a Party denies an import licence application with respect to a good of another Party, it shall, on request of the applicant and within a reasonable period after receiving the request, provide the applicant with an explanation of the reason for the denial.
Appears in 2 contracts
Samples: Regional Comprehensive Economic Partnership Agreement, Regional Comprehensive Economic Partnership Agreement
Import Licensing Procedures. 1. Each Party shall ensure that all automatic import licensing procedures applicable to trade in goods between the Parties are neutral in application, and are administered in a fair, equitable, non-discriminatory and transparent manner.
2. A Party shall only adopt or maintain licensing procedures as a condition for importation into its territory from the territory of the other Party, if other appropriate procedures to achieve an administrative purpose are not reasonably available.
3. A Party shall not adopt or maintain any non-automatic import licensing procedures are implemented in procedure, as a transparent and predictable mannercondition for importation into its territory from the territory of the other Party, and applied in accordance with the Import Licensing Agreement. No Party shall adopt or maintain unless it is necessary to implement a measure that is inconsistent consistent with this Agreement. A Party adopting such non-automatic import licensing procedure shall indicate clearly to the Import Licensing Agreementother Party the measure being implemented through that procedure.
24. Each Party shallshall adopt and administer any import licensing procedures in accordance with Articles 1 to 3 of the WTO Agreement on Import Licensing Procedures. To this end, promptly after Articles 1 to 3 of the date of entry Agreement on Import Licensing Procedures are incorporated into force and made part of this Agreement for Agreement, mutatis mutandis.
5. A Party that Partyinstitutes licensing procedures, or changes to existing licensing procedures, shall notify the other Parties Party of its existing import licensing proceduressuch within 60 days of publication. The notification shall include the information specified in paragraph 2 of 3 above and Article 5 5(2) of the Agreement on Import Licensing AgreementProcedures. A Party shall be deemed to be in compliance with this paragraph if:
(a) provision if it has notified the procedures relevant import licensing procedure, or any modifications thereof, to the WTO Committee on Import Licensing provided for in Article 4 of the Import Licensing Agreement (hereinafter referred to as “WTO Committee on Import Licensing” in this Chapter), together with the information specified in paragraph 2 of Article 5 of the Import Licensing Agreement; and
(b) in the most recent annual submission due before the date of entry into force of this Agreement for that Party to the WTO Committee on Import Licensing in response to the annual questionnaire on import licensing procedures described in paragraph 3 of Article 7 of the Import Licensing Agreement, it has provided, with respect to those existing import licensing procedures, the information requested in that questionnaire.
3. Each Party shall notify the other Parties of any new import licensing procedure and any modification it makes to its existing import licensing procedures, to the extent possible 30 days before the new procedure or modification takes effect. In no case shall a Party provide the notification later than 60 days after the date of its publication. A notification provided under this paragraph shall include including the information specified in Article 5 5(2) of the Import Licensing Agreement. A Party shall be deemed to be in compliance with this paragraph if it notifies a new import licensing procedure or a modification to an existing import licensing procedure to the WTO Committee on Import Licensing in accordance with paragraph 1, 2, or 3 of Article 5 of the Import Licensing Agreement.
4. Before applying any new or modified import licensing procedure, a Party shall publish the new procedure or modification on an official government website. To the extent possible, the Party shall do so at least 21 days before the new procedure or modification takes effect.
5. The notification required under paragraphs 2 and 3 is without prejudice to whether the import licensing procedure is consistent with this that Agreement.
6. A notification made under paragraph 3 Upon request of a Party, the other Party shall state ifpromptly provide any relevant information, under including the information specified in Article 5(2) of the Agreement on Import Licensing Procedures, regarding any import licensing procedure that is a subject of the notification:
(a) the terms of an import licence for any product limit the permissible end users of the product; or
(b) the Party imposes any of the following conditions on eligibility for obtaining a licence it intends to import any product:
(i) membership in an industry association;
(ii) approval by an industry association of the request for an import licence;
(iii) a history of importing the productadopt, has adopted or maintains, or similar products;
(iv) minimum importer or end user production capacity;
(v) minimum importer or end user registered capital; or
(vi) a contractual or other relationship between the importer and distributor in the Party’s territorychanges to existing licensing procedures.
7. Each Party shall, to the extent possible, answer within 60 days all reasonable enquiries from another Party regarding the criteria employed by its respective licensing authorities in granting or denying import licences. The importing Party shall publish sufficient information for the other Parties and traders to know the basis for granting or allocating import licences.
8. No application for an import licence shall be refused for minor documentation errors that do not alter the basic data contained therein. Minor documentation errors may include formatting errors, such as the width of a margin or the font used, and spelling errors which are obviously made without fraudulent intent or gross negligence.
9. If a Party denies an import licence application with respect to a good of another Party, it shall, on request of the applicant and within a reasonable period after receiving the request, provide the applicant with an explanation of the reason for the denial.
Appears in 1 contract
Samples: Trade Agreement
Import Licensing Procedures. 1. Each Party shall ensure that all automatic and non-automatic import licensing procedures are implemented in a transparent and predictable manner, and applied in accordance with the Import Licensing Agreement. No Party shall adopt or maintain a measure that is inconsistent with the Import Licensing Agreement.
2. Each Party shall, promptly after the date of entry into force of this Agreement for that Party, notify the other Parties of its existing import licensing procedures. The notification shall include the information specified in paragraph 2 of Article 5 of the Import Licensing Agreement. A Party shall be deemed to be in compliance with this paragraph if:
(a) : it has notified the procedures to the WTO Committee on Import Licensing provided for in Article 4 of the Import Licensing Agreement (hereinafter referred to as “WTO Committee on Import Licensing” in this Chapter), together with the information specified in paragraph 2 of Article 5 of the Import Licensing Agreement; and
(b) and in the most recent annual submission due before the date of entry into force of this Agreement for that Party to the WTO Committee on Import Licensing in response to the annual questionnaire on import licensing procedures described in paragraph 3 of Article 7 of the Import Licensing Agreement, it has provided, with respect to those existing import licensing procedures, the information requested in that questionnaire.
3. Each Party shall notify the other Parties of any new import licensing procedure and any modification it makes to its existing import licensing procedures, to the extent possible 30 days before the new procedure or modification takes effect. In no case shall a Party provide the notification later than 60 days after the date of its publication. A notification provided under this paragraph shall include the information specified in Article 5 of the Import Licensing Agreement. A Party shall be deemed to be in compliance with this paragraph if it notifies a new import licensing procedure or a modification to an existing import licensing procedure to the WTO Committee on Import Licensing in accordance with paragraph 1, 2, or 3 of Article 5 of the Import Licensing Agreement.
4. Before applying any new or modified import licensing procedure, a Party shall publish the new procedure or modification on an official government website. To the extent possible, the Party shall do so at least 21 days before the new procedure or modification takes effect.
5. The notification required under paragraphs 2 and 3 is without prejudice to whether the import licensing procedure is consistent with this Agreement.
6. A notification made under paragraph 3 shall state if, under any procedure that is a subject of the notification:
(a) : the terms of an import licence for any product limit the permissible end users of the product; or
(b) or the Party imposes any of the following conditions on eligibility for obtaining a licence to import any product:
(i) : membership in an industry association;
(ii) ; approval by an industry association of the request for an import licence;
(iii) a history of importing the product, or similar products;
(iv) minimum importer or end user production capacity;
(v) minimum importer or end user registered capital; or
(vi) a contractual or other relationship between the importer and distributor in the Party’s territory.
7. Each Party shall, to the extent possible, answer within 60 days all reasonable enquiries from another Party regarding the criteria employed by its respective licensing authorities in granting or denying import licences. The importing Party shall publish sufficient information for the other Parties and traders to know the basis for granting or allocating import licences.
8. No application for an import licence shall be refused for minor documentation errors that do not alter the basic data contained therein. Minor documentation errors may include formatting errors, such as the width of a margin or the font used, and spelling errors which are obviously made without fraudulent intent or gross negligence.
9. If a Party denies an import licence application with respect to a good of another Party, it shall, on request of the applicant and within a reasonable period after receiving the request, provide the applicant with an explanation of the reason for the denial.
Appears in 1 contract
Samples: Regional Comprehensive Economic Partnership Agreement
Import Licensing Procedures. 1. Each Party shall ensure that all automatic import licensing procedures applicable to trade in goods between the Parties are neutral in application, and are administered in a fair, equitable, non-discriminatory and transparent manner.
2. A Party shall only adopt or maintain licensing procedures as a condition for importation into its territory from the territory of the other Party, if other appropriate procedures to achieve an administrative purpose are not reasonably available.
3. A Party shall not adopt or maintain any non-automatic import licensing procedures are implemented in a transparent and predictable mannerprocedure, and applied in accordance with the Import Licensing Agreement. No Party shall adopt or maintain unless it is necessary to implement a measure that is inconsistent consistent with the Import Licensing Agreement.
2. Each Party shall, promptly after the date of entry into force of this Agreement for that Party, notify the other Parties of its existing import licensing procedures. The notification shall include the information specified in paragraph 2 of Article 5 of the Import Licensing Agreement. A Party adopting such non-automatic import licensing procedure shall be deemed indicate clearly the measure being implemented through that procedure.
4. Each Party shall introduce and administer any import licensing procedure in accordance with Articles 1 to be in compliance with this paragraph if:
(a) it has notified the procedures to 3 of the WTO Committee Agreement on Import Licensing provided for in Article 4 Procedures (the "Import Licensing Agreement"). To that end, Articles 1 to 3 of the Import Licensing Agreement (hereinafter referred are incorporated into and made part of this Agreement mutatis mutandis.
5. Any Party introducing or modifying any import licensing procedure shall make all relevant information available online on an official website. That information shall be made available, whenever practicable, at least 21 days prior to as “WTO Committee on Import Licensing” in this Chapter), together with the information specified in paragraph 2 of Article 5 of the Import Licensing Agreement; and
(b) in the most recent annual submission due before the date of entry into force of this Agreement for that Party to the WTO Committee on Import Licensing in response to the annual questionnaire on import licensing procedures described in paragraph 3 of Article 7 application of the Import Licensing Agreement, it has provided, with respect to those existing import licensing procedures, the information requested in that questionnaire.
3. Each Party shall notify the other Parties of any new import or modified licensing procedure and in any modification it makes to its existing import licensing procedures, to the extent possible 30 days before the new procedure or modification takes effect. In event no case shall a Party provide the notification later than 60 days after the date of its publicationapplication. A notification provided That information shall contain the data required under this paragraph shall include the information specified in Article 5 of the Import Licensing Agreement. A Party shall be deemed to be in compliance with this paragraph if it notifies a new import licensing procedure or a modification to an existing import licensing procedure to the WTO Committee on Import Licensing in accordance with paragraph 1, 2, or 3 of Article 5 of the Import Licensing Agreement.
46. Before applying any new or modified import licensing procedureAt the request of the other Party, a Party shall publish the new procedure or modification on an official government website. To the extent possible, the Party shall do so at least 21 days before the new procedure or modification takes effect.
5. The notification required under paragraphs 2 and 3 is without prejudice to whether the promptly provide any relevant information regarding any import licensing procedure is consistent with this Agreement.
6. A notification made under paragraph procedures that it intends to adopt or that it maintains, including the information referred to in Articles 1 to 3 shall state if, under any procedure that is a subject of the notification:
(a) the terms of an import licence for any product limit the permissible end users of the product; or
(b) the Party imposes any of the following conditions on eligibility for obtaining a licence to import any product:
(i) membership in an industry association;
(ii) approval by an industry association of the request for an import licence;
(iii) a history of importing the product, or similar products;
(iv) minimum importer or end user production capacity;
(v) minimum importer or end user registered capital; or
(vi) a contractual or other relationship between the importer and distributor in the Party’s territoryImport Licensing Agreement.
7. Each For greater certainty, nothing in this Article requires a Party shall, to the extent possible, answer within 60 days all reasonable enquiries from another Party regarding the criteria employed by its respective licensing authorities in granting or denying import licences. The importing Party shall publish sufficient information for the other Parties and traders to know the basis for granting or allocating import licences.
8. No application for grant an import licence shall be refused for minor documentation errors that do not alter the basic data contained therein. Minor documentation errors may include formatting errorslicence, such as the width of a margin or the font used, and spelling errors which are obviously made without fraudulent intent or gross negligence.
9. If prevents a Party denies an from implementing its obligations or commitments under United Nations Security Council Resolutions or under multilateral non-proliferation regimes and import licence application with respect to a good of another Party, it shall, on request of the applicant and within a reasonable period after receiving the request, provide the applicant with an explanation of the reason for the denialcontrol arrangements.
Appears in 1 contract
Samples: Trade and Cooperation Agreement