Procedures for Appeal or Review Sample Clauses
The Procedures for Appeal or Review clause establishes the process by which parties can challenge or seek reconsideration of decisions made under the agreement. Typically, this clause outlines the steps required to initiate an appeal, such as submitting a written request within a specified timeframe, and may detail the forum or authority responsible for conducting the review. Its core function is to provide a structured mechanism for addressing disputes or dissatisfaction with initial decisions, ensuring fairness and transparency in the resolution process.
Procedures for Appeal or Review. Customs must provide reasons for its decisions. Any person to whom Customs issues an administrative decision has the right to an independent administrative and/or judicial review. This provision allows for Customs decisions to be reviewed and potentially reversed. It addresses concerns (and costs) resulting from errors, arbitrary decisions, and undue delays. It allows for 8 ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇.▇▇▇/embed/BKtCxtNA15M?.
Procedures for Appeal or Review. 1. Each Member shall provide that any person to whom customs issues an administrative ▇▇▇▇▇▇▇▇▇ has the right, within its territory, to:
(a) an administrative appeal to or review by an administrative authority higher than or independent of the official or office that issued the decision; and/or
(b) a judicial appeal or review of the decision.
2. The legislation of a Member may require that an administrative appeal or review be initiated prior to a judicial appeal or review.
3. Each Member shall ensure that its procedures for appeal or review are carried out in a non-discriminatory manner.
4. Each Member shall ensure that, in a case where the decision on appeal or review under subparagraph 1(a) is not given either:
(a) within set periods as specified in its laws or regulations; or
(b) without undue delay the petitioner has the right to either further appeal to or further review by the administrative authority or the judicial authority or any other recourse to the judicial authority.5
5. Each Member shall ensure that the person referred to in paragraph 1 is provided with the reasons for the administrative decision so as to enable such a person to have recourse to procedures for appeal or review where necessary.
6. Each Member is encouraged to make the provisions of this Article applicable to an administrative decision issued by a relevant border agency other than customs.
Procedures for Appeal or Review. 1. Each Member shall provide that any person to whom customs issues an administrative ▇▇▇▇▇▇▇▇▇ has the right, within its territory, to:
(a) an administrative appeal to or review by an administrative authority higher than or independent of the official or office that issued the decision; and/or
(b) a judicial appeal or review of the decision. Agreement on Rules of Origin may be an advance ruling on the origin of a good for the purposes of this Agreement where the ruling meets the requirements of both agreements. Members are not required to establish separate arrangements under this provision in addition to those established pursuant to the Agreement on Rules of Origin in relation to the assessment of origin provided that the requirements of this Article are fulfilled.
Procedures for Appeal or Review. Measures to Enhance Impartiality, Non-Discrimination & Transparency
Procedures for Appeal or Review. 1. Each Member shall provide that any person to whom customs issues an administrative ▇▇▇▇▇▇▇▇▇ has the right, within its territory, to: 2 Under this paragraph: (a) a review may, either before or after the ruling has been acted upon, be provided by the official, office, or authority that issued the ruling, a higher or independent administrative authority, or a judicial authority; and (b) a Member is not required to provide the applicant with recourse to paragraph 1 of Article 4.
Procedures for Appeal or Review. This article establishes the rights of traders to obtain a review and correction of decisions taken by the customs officers or other officers of other agencies at the borders, through an administrative appeal and/or a judicial review. Current Situation There is a litigation department of Customs dealing with administrative appeals. There is a possibility to appeal against an administrative decision of the Administrative Court. The Customs Court was created recently, for judicial decisions. It does however not deal with appeals of traders, but only of the State. It is ‘encouraged’ by the Agreement that the appeal process should not be limited to customs decisions but also include other agencies intervening at the border. Decree 4/2000 of 17 March establishes a Technical Council chaired by the Director- General of Customs with MIC and BdM, representatives, customs broker and broker clerk representatives, representatives of the authorities responsible for pre-shipment inspection, and the entity which requested the appeal, as invitee.
Procedures for Appeal or Review. Procedures for Appeal or Review Category C: provisions that a DC or LDC member designates for implementation on a date after a transitional period of this Agreement (1 year) and requiring the acquisition of assistance and support for the implementation of the provisions.
Procedures for Appeal or Review. 1. Each Member shall provide that any person to whom customs issues an administrative decision(4) has the right, within its territory, to:
(a) an administrative appeal to or review by an administrative authority higher than or independent of the official or office that issued the decision; and/or
(b) a judicial appeal or review of the decision.
2. The legislation of a Member may require that an administrative appeal or review be initiated prior to a judicial appeal or review.
3. Each Member shall ensure that its procedures for appeal or review are carried out in a non-discriminatory manner.
4. Each Member shall ensure that, in a case where the decision on appeal or review under subparagraph 1(a) is not given either:
(a) within set periods as specified in its laws or regulations; or
(b) without undue delay
5. Each Member shall ensure that the person referred to in paragraph 1 is provided with the reasons for the administrative decision so as to enable such a person to have recourse to procedures for appeal or review where necessary.
6. Each Member is encouraged to make the provisions of this Article applicable to an administrative decision issued by a relevant border agency other than customs.