Common use of Licensing and qualification Clause in Contracts

Licensing and qualification. 1. Each Party shall ensure that licensing and qualification procedures for the purpose of obtaining an authorisation to supply a service or to establish are reasonable, clear and relevant to the underlying policy objectives, taking into account the nature of the requirements to be met and the criteria to be assessed, and do not in themselves constitute a restriction on the supply of services or the establishment. (1) For the Republic of Kazakhstan the reference includes the Section on Services of the Protocol on the Accession of the Republic of Kazakhstan to the WTO. 2. Where specific time periods for applications exist, an applicant shall be allowed a reasonable period for the submission of an application. The competent authority shall initiate the processing of an application without undue delay. Where possible, applications should be accepted in electronic format under the same conditions of authenticity as applications submitted in paper format. 3. Authenticated copies should be accepted, where possible, in place of original documents. 4. Each Party shall ensure that the processing of an application, including reaching a final decision, is completed within a reasonable period specified in its legislation or, in any event, without undue delay. Each Party shall endeavour to establish the normal timeframe for the processing of an application. Each Party shall ensure that a licence or an auth­ orisation, once granted, enters into effect without undue delay in accordance with the terms and conditions specified therein. 5. Each Party shall ensure that licensing fees (1) are reasonable in terms of the costs incurred by the competent authority, and do not in themselves restrict the supply of the service or the establishment. 6. Where the competent authority considers that an application is incomplete or determines that it needs additional information, it shall, within a reasonable period of time: (a) inform the applicant; (b) to the extent practicable, identify the information required; and (c) to the extent practicable, provide the opportunity to correct deficiencies. 7. If the competent authority rejects an application, it shall inform the applicant without undue delay and, to the extent practicable, in writing. The competent authority should inform the applicant, upon request, of the reasons for rejection of the application and, where possible, of any deficiencies that have been identified. It should inform the applicant of the procedures for appeal against the decision in accordance with the relevant legislation. The competent authority should permit an applicant to submit a new application in accordance with the relevant authority's established procedures, except where the relevant authority limits the number of licences or qualification determinations. 8. Each Party shall ensure that the procedures used by, and the decisions of, the competent authority in the licensing or authorisation procedure are impartial with respect to all applicants. The competent authority should reach its decision in an independent manner and not be accountable to any services supplier or investor for which the licence or authorisation is required.

Licensing and qualification. 1. Each Party shall ensure that licensing and qualification procedures for the purpose of obtaining an authorisation to supply a service or to establish are reasonable, clear and relevant to the underlying policy objectives, taking into account the nature of the requirements to be met and the criteria to be assessed, and do not in themselves constitute a restriction on the supply of services or the establishment. (1) For the Republic of Kazakhstan the reference includes the Section on Services of the Protocol on the Accession of the Republic of Kazakhstan to the WTO. 2. Where specific time periods for applications exist, an applicant shall be allowed a reasonable period for the submission of an application. The competent authority shall initiate the processing of an application without undue delay. Where possible, applications should be accepted in electronic format under the same conditions of authenticity as applications submitted in paper format. 1 For the Republic of Kazakhstan the reference includes the Section on Services of the Protocol on the Accession of the Republic of Kazakhstan to the WTO. 3. Authenticated copies should be accepted, where possible, in place of original documents. 4. Each Party shall ensure that the processing of an application, including reaching a final decision, is completed within a reasonable period specified in its legislation or, in any event, without undue delay. Each Party shall endeavour to establish the normal timeframe for the processing of an application. Each Party shall ensure that a licence or an auth­ orisationauthorisation, once granted, enters into effect without undue delay in accordance with the terms and conditions specified therein. 5. Each Party shall ensure that licensing fees (1) fees1 are reasonable in terms of the costs incurred by the competent authority, and do not in themselves restrict the supply of the service or the establishment. 6. Where the competent authority considers that an application is incomplete or determines that it needs additional information, it shall, within a reasonable period of time: (a) inform the applicant; (b) to the extent practicable, identify the information required; and (c) to the extent practicable, provide the opportunity to correct deficiencies. 1 Licensing fees do not include fees for the use of natural resources, payments for auction, tendering or other non-discriminatory means of awarding concessions, or mandated contributions to universal service provision. 7. If the competent authority rejects an application, it shall inform the applicant without undue delay and, to the extent practicable, in writing. The competent authority should inform the applicant, upon request, of the reasons for rejection of the application and, where possible, of any deficiencies that have been identified. It should inform the applicant of the procedures for appeal against the decision in accordance with the relevant legislation. The competent authority should permit an applicant to submit a new application in accordance with the relevant authority's ’s established procedures, except where the relevant authority limits the number of licences or qualification determinations. 8. Each Party shall ensure that the procedures used by, and the decisions of, the competent authority in the licensing or authorisation procedure are impartial with respect to all applicants. The competent authority should reach its decision in an independent manner and not be accountable to any services supplier or investor for which the licence or authorisation is required.

Licensing and qualification. 1. Each Party shall ensure that licensing and qualification procedures for the purpose of obtaining an authorisation to supply a service or to establish are reasonable, clear and relevant to the underlying policy objectives, taking into account the nature of the requirements to be met and the criteria to be assessed, and do not in themselves constitute a restriction on the supply of services or the establishment. (1) For the Republic of Kazakhstan the reference includes the Section on Services of the Protocol on the Accession of the Republic of Kazakhstan to the WTO. 2. Where specific time periods for applications exist, an applicant shall be allowed a reasonable period for the submission of an application. The competent authority shall initiate the processing of an application without undue delay. Where possible, applications should be accepted in electronic format under the same conditions of authenticity as applications submitted in paper format. 1 For the Republic of Kazakhstan the reference includes the Section on Services of the Protocol on the Accession of the Republic of Kazakhstan to the WTO. 3. Authenticated copies should be accepted, where possible, in place of original documents. 4. Each Party shall ensure that the processing of an application, including reaching a final decision, is completed within a reasonable period specified in its legislation or, in any event, without undue delay. Each Party shall endeavour to establish the normal timeframe for the processing of an application. Each Party shall ensure that a licence or an auth­ orisationauthorisation, once granted, enters into effect without undue delay in accordance with the terms and conditions specified therein. 5. Each Party shall ensure that licensing fees (1) fees1 are reasonable in terms of the costs incurred by the competent authority, and do not in themselves restrict the supply of the service or the establishment. 6. Where the competent authority considers that an application is incomplete or determines that it needs additional information, it shall, within a reasonable period of time: (a) inform the applicant; (b) to the extent practicable, identify the information required; and (c) to the extent practicable, provide the opportunity to correct deficiencies. 1 Licensing fees do not include fees for the use of natural resources, payments for auction, tendering or other non-discriminatory means of awarding concessions, or mandated contributions to universal service provision. 7. If the competent authority rejects an application, it shall inform the applicant without undue delay and, to the extent practicable, in writing. The competent authority should inform the applicant, upon request, of the reasons for rejection of the application and, where possible, of any deficiencies that have been identified. It should inform the applicant of the procedures for appeal against the decision in accordance with the relevant legislation. The competent authority should permit an applicant to submit a new application in accordance with the relevant authority's ’s established procedures, except where the relevant authority limits the number of licences or qualification determinations. 8. Each Party shall ensure that the procedures used by, and the decisions of, the competent authority in the licensing or authorisation procedure are impartial with respect to all applicants. The competent authority should reach its decision in an independent manner and not be accountable to any services supplier or investor for which the licence or authorisation is required.

Licensing and qualification. 1. Each Party shall ensure that licensing and qualification procedures for the purpose of obtaining an authorisation to supply a service or to establish are reasonable, clear and relevant to the underlying policy objectives, taking into account the nature of the requirements to be met and the criteria to be assessed, and do not in themselves constitute a restriction on the supply of services or the establishment. (1) For the Republic of Kazakhstan the reference includes the Section on Services of the Protocol on the Accession of the Republic of Kazakhstan to the WTO. 2. Where specific time periods for applications exist, an applicant shall be allowed a reasonable period for the submission of an application. The competent authority shall initiate the processing of an application without undue delay. Where possible, applications should be accepted in electronic format under the same conditions of authenticity as applications submitted in paper format. 3. Authenticated copies should be accepted, where possible, in place of original documents. 4. Each Party shall ensure that the processing of an application, including reaching a final decision, is completed within a reasonable period specified in its legislation or, in any event, without undue delay. Each Party shall endeavour to establish the normal timeframe for the processing of an application. Each Party shall ensure that a licence or an auth­ orisationauthorisation, once granted, enters into effect without undue delay in accordance with the terms and conditions specified therein. 5. Each Party shall ensure that licensing fees (1) are reasonable in terms of the costs incurred by the competent authority, and do not in themselves restrict the supply of the service or the establishment. 6. Where the competent authority considers that an application is incomplete or determines that it needs additional information, it shall, within a reasonable period of time: (a) inform the applicant; (b) to the extent practicable, identify the information required; and (c) to the extent practicable, provide the opportunity to correct deficiencies. 7. If the competent authority rejects an application, it shall inform the applicant without undue delay and, to the extent practicable, in writing. The competent authority should inform the applicant, upon request, of the reasons for rejection of the application and, where possible, of any deficiencies that have been identified. It should inform the applicant of the procedures for appeal against the decision in accordance with the relevant legislation. The competent authority should permit an applicant to submit a new application in accordance with the relevant authority's established procedures, except where the relevant authority limits the number of licences or qualification determinations. 8. Each Party shall ensure that the procedures used by, and the decisions of, the competent authority in the licensing or authorisation procedure are impartial with respect to all applicants. The competent authority should reach its decision in an independent manner and not be accountable to any services supplier or investor for which the licence or authorisation is required. (1) Licensing fees do not include fees for the use of natural resources, payments for auction, tendering or other non-discriminatory means of awarding concessions, or mandated contributions to universal service provision.

Licensing and qualification. 1. Each Party shall ensure that licensing and qualification procedures for the purpose of obtaining an authorisation to supply a service or to establish are reasonable, clear and relevant to the underlying policy objectives, taking into account the nature of the requirements to be met and the criteria to be assessed, and do not in themselves constitute a restriction on the supply of services or the establishment. (1) For the Republic of Kazakhstan the reference includes the Section on Services of the Protocol on the Accession of the Republic of Kazakhstan to the WTO. 2. Where specific time periods for applications exist, an applicant shall be allowed a reasonable period for the submission of an application. The competent authority shall initiate the processing of an application without undue delay. Where possible, applications should be accepted in electronic format under the same conditions of authenticity as applications submitted in paper formatsubmissions. 1 For the Republic of Kazakhstan the reference includes the Section on Services of the Protocol on the Accession of the Republic of Kazakhstan to the WTO. 3. Authenticated copies should be accepted, where possible, in place of original documents. 4. Each Party shall ensure that the processing of an application, including reaching a final decision, decision is completed within a reasonable period specified in its legislation or, in any event, event without undue delay. Each Party shall endeavour to establish the normal timeframe for the processing of an application. Each Party shall ensure that a licence or an auth­ orisationauthorisation, once granted, enters into effect without undue delay in accordance with the terms and conditions specified therein. 5. Each Party shall ensure that licensing fees (1) fees1 are reasonable in terms of the costs incurred by the competent authority, and do not in themselves restrict the supply of the service or the establishment. 6. Where the competent authority considers that an application is incomplete or determines that it needs additional information, it shall, within a reasonable period of time: (a) inform the applicant; (b) to the extent practicable, practicable identify the information required; and (c) to the extent practicable, practicable provide the opportunity to correct deficiencies. 1 Licensing fees do not include fees for the use of natural resources, payments for auction, tendering or other non-discriminatory means of awarding concessions, or mandated contributions to universal service provision. 7. If the competent authority rejects an application, it shall inform the applicant without undue delay anddelay, and to the extent practicable, in writing. The competent authority should inform the applicant, upon request, of the reasons for rejection of the application and, and where possible, of any deficiencies that have been identified. It should inform the applicant of the procedures for appeal against the decision in accordance with the relevant legislation. The competent authority should permit an applicant to submit a new application in accordance with the relevant authority's ’s established procedures, except where the relevant authority limits the number of licences or qualification determinations. 8. Each Party shall ensure that the procedures used by, and the decisions of, the competent authority in the licensing or authorisation procedure process are impartial with respect to all applicants. The competent authority should reach its decision in an independent manner and not be accountable to any services supplier or investor for which the licence or authorisation is required.

Licensing and qualification. 1. Each Party shall ensure that licensing and qualification procedures for the purpose of obtaining an authorisation to supply a service or to establish are reasonable, clear and relevant to the underlying policy objectives, taking into account the nature of the requirements to be met and the criteria to be assessed, and do not in themselves constitute a restriction on the supply of services or the establishment. (1) For the Republic of Kazakhstan the reference includes the Section on Services of the Protocol on the Accession of the Republic of Kazakhstan to the WTO. 2. Where specific time periods for applications exist, an applicant shall be allowed a reasonable period for the submission of an application. The competent authority shall initiate the processing of an application without undue delay. Where possible, applications should be accepted in electronic format under the same conditions of authenticity as applications submitted in paper formatsubmissions. 3. Authenticated copies should be accepted, where possible, in place of original documents. 4. Each Party shall ensure that the processing of an application, including reaching a final decision, decision is completed within a reasonable period specified in its legislation or, in any event, event without undue delay. Each Party shall endeavour to establish the normal timeframe for the processing of an application. Each Party shall ensure that a licence or an auth­ orisationauthorisation, once granted, enters into effect without undue delay in accordance with the terms and conditions specified therein. 5. Each Party shall ensure that licensing fees (1) fees0 are reasonable in terms of the costs incurred by the competent authority, and do not in themselves restrict the supply of the service or the establishment. 6. Where the competent authority considers that an application is incomplete or determines that it needs additional information, it shall, within a reasonable period of time: (a) inform the applicant; (b) to the extent practicable, practicable identify the information required; and (c) to the extent practicable, practicable provide the opportunity to correct deficiencies. 7. If the competent authority rejects an application, it shall inform the applicant without undue delay anddelay, and to the extent practicable, in writing. The competent authority should inform the applicant, upon request, of the reasons for rejection of the application and, and where possible, of any deficiencies that have been identified. It should inform the applicant of the procedures for appeal against the decision in accordance with the relevant legislation. The competent authority should permit an applicant to submit a new application in accordance with the relevant authority's ’s established procedures, except where the relevant authority limits the number of licences or qualification determinations. 8. Each Party shall ensure that the procedures used by, and the decisions of, the competent authority in the licensing or authorisation procedure process are impartial with respect to all applicants. The competent authority should reach its decision in an independent manner and not be accountable to any services supplier or investor for which the licence or authorisation is required.

Licensing and qualification. 1. Each Party shall ensure that licensing and qualification procedures for the purpose of obtaining an authorisation to supply a service or to establish are reasonable, clear and relevant to the underlying policy objectives, taking into account the nature of the requirements to be met and the criteria to be assessed, and do not in themselves constitute a restriction on the supply of services or the establishment. (1) For the Republic of Kazakhstan the reference includes the Section on Services of the Protocol on the Accession of the Republic of Kazakhstan to the WTO. 2. Where specific time periods for applications exist, an applicant shall be allowed a reasonable period for the submission of an application. The competent authority shall initiate the processing of an application without undue delay. Where possible, applications should be accepted in electronic format under the same conditions of authenticity as applications submitted in paper format. 3. Authenticated copies should be accepted, where possible, in place of original documents. 4. Each Party shall ensure that the processing of an application, including reaching a final decision, is completed within a reasonable period specified in its legislation or, in any event, without undue delay. Each Party shall endeavour to establish the normal timeframe for the processing of an application. Each Party shall ensure that a licence or an auth­ orisationauthorisation, once granted, enters into effect without undue delay in accordance with the terms and conditions specified therein. 5. Each Party shall ensure that licensing fees (1) fees0 are reasonable in terms of the costs incurred by the competent authority, and do not in themselves restrict the supply of the service or the establishment. 6. Where the competent authority considers that an application is incomplete or determines that it needs additional information, it shall, within a reasonable period of time: (a) inform the applicant; (b) to the extent practicable, identify the information required; and (c) to the extent practicable, provide the opportunity to correct deficiencies. 7. If the competent authority rejects an application, it shall inform the applicant without undue delay and, to the extent practicable, in writing. The competent authority should inform the applicant, upon request, of the reasons for rejection of the application and, where possible, of any deficiencies that have been identified. It should inform the applicant of the procedures for appeal against the decision in accordance with the relevant legislation. The competent authority should permit an applicant to submit a new application in accordance with the relevant authority's ’s established procedures, except where the relevant authority limits the number of licences or qualification determinations. 8. Each Party shall ensure that the procedures used by, and the decisions of, the competent authority in the licensing or authorisation procedure are impartial with respect to all applicants. The competent authority should reach its decision in an independent manner and not be accountable to any services supplier or investor for which the licence or authorisation is required.

Licensing and qualification. 1. Each Party shall ensure that licensing and qualification procedures for the purpose of obtaining an authorisation to supply a service or to establish are reasonable, clear and relevant to the underlying policy objectives, taking into account the nature of the requirements to be met and the criteria to be assessed, and do not in themselves constitute a restriction on the supply of services or the establishment. (1) For the Republic of Kazakhstan the reference includes the Section on Services of the Protocol on the Accession of the Republic of Kazakhstan to the WTO. 2. Where specific time periods for applications exist, an applicant shall be allowed a reasonable period for the submission of an application. The competent authority shall initiate the processing of an application without undue delay. Where possible, applications should be accepted in electronic format under the same conditions of authenticity as applications submitted in paper format. 3. Authenticated copies should be accepted, where possible, in place of original documents. 4. Each Party shall ensure that the processing of an application, including reaching a final decision, is completed within a reasonable period specified in its legislation or, in any event, without undue delay. Each Party shall endeavour to establish the normal timeframe for the processing of an application. Each Party shall ensure that a licence or an auth­ orisationauthorisation, once granted, enters into effect without undue delay in accordance with the terms and conditions specified therein. 5. Each Party shall ensure that licensing fees (1) fees1 are reasonable in terms of the costs incurred by the competent authority, and do not in themselves restrict the supply of the service or the establishment. 6. Where the competent authority considers that an application is incomplete or determines that it needs additional information, it shall, within a reasonable period of time: (a) inform the applicant; (b) to the extent practicable, identify the information required; and (c) to the extent practicable, provide the opportunity to correct deficiencies. 7. If the competent authority rejects an application, it shall inform the applicant without undue delay and, to the extent practicable, in writing. The competent authority should inform the applicant, upon request, of the reasons for rejection of the application and, where possible, of any deficiencies that have been identified. It should inform the applicant of the procedures for appeal against the decision in accordance with the relevant legislation. The competent authority should permit an applicant to submit a new application in accordance with the relevant authority's ’s established procedures, except where the relevant authority limits the number of licences or qualification determinations. 8. Each Party shall ensure that the procedures used by, and the decisions of, the competent authority in the licensing or authorisation procedure are impartial with respect to all applicants. The competent authority should reach its decision in an independent manner and not be accountable to any services supplier or investor for which the licence or authorisation is required.

Licensing and qualification. 1. Each Party shall ensure that licensing and qualification procedures for the purpose of obtaining an authorisation to supply a service or to establish are reasonable, clear and relevant to the underlying policy objectives, taking into account the nature of the requirements to be met and the criteria to be assessed, and do not in themselves constitute a restriction on the supply of services or the establishment. (1) For the Republic of Kazakhstan the reference includes the Section on Services of the Protocol on the Accession accession of the Republic of Kazakhstan to the WTOwTO. 2. Where where specific time periods for applications exist, an applicant shall be allowed a reasonable period for the submission of an application. The competent authority shall initiate the processing of an application without undue delay. Where where possible, applications should be accepted in electronic format under the same conditions of authenticity as applications submitted in paper format. 3. Authenticated authenticated copies should be accepted, where possible, in place of original documents. 4. Each Party shall ensure that the processing of an application, including reaching a final decision, is completed within a reasonable period specified in its legislation or, in any event, without undue delay. Each Party shall endeavour to establish the normal timeframe for the processing of an application. Each Party shall ensure that a licence or an auth­ orisation, once granted, enters into effect without undue delay in accordance with the terms and conditions specified therein. 5. Each Party shall ensure that licensing fees (1) are reasonable in terms of the costs incurred by the competent authority, and do not in themselves restrict the supply of the service or the establishment. 6. Where where the competent authority considers that an application is incomplete or determines that it needs additional information, it shall, within a reasonable period of time: (a) inform the applicant; (b) to the extent practicable, identify the information required; and (c) to the extent practicable, provide the opportunity to correct deficiencies. 7. If the competent authority rejects an application, it shall inform the applicant without undue delay and, to the extent practicable, in writing. The competent authority should inform the applicant, upon request, of the reasons for rejection of the application and, where possible, of any deficiencies that have been identified. It should inform the applicant of the procedures for appeal against the decision in accordance with the relevant legislation. The competent authority should permit an applicant to submit a new application in accordance with the relevant authority's established procedures, except where the relevant authority limits the number of licences or qualification determinations. 8. Each Party shall ensure that the procedures used by, and the decisions of, the competent authority in the licensing or authorisation procedure are impartial with respect to all applicants. The competent authority should reach its decision in an independent manner and not be accountable to any services supplier or investor for which the licence or authorisation is required.