Common use of Suspension of benefits Clause in Contracts

Suspension of benefits. 1. The complaining Party may, at any time thereafter, communicate in writing to the Party complained against its intention to suspend the application of benefits in 30 days upon reception of such communication,if: (a) the disputing Parties are unable to agree on a compensation within 30 days after the period for establishing such compensation has begun, or the Party complained against has failed to observe the terms of the agreed compensation within 30 days following such agreement; (b) the Panel under the Article 187 (Examination of the Implementation) finds that the Party complained against fails to bring the measure found to be inconsistent with this Agreement into compliance with the recommendations of the Panel within the period of time established; or (c) the Party complained against expresses in writing that it will not implement the recommendations. 2. The complaining Party may initiate the suspension of benefits within 30 days following the latest date between the date of the communication pursuant to paragraph 1 of this Article and the date when the Panel issued its report pursuant to Article 190 (Examination of Benefit Suspension Level). 3. The level of benefits to be suspended shall have an equivalent effect to the benefits not being received. 4. In considering what benefits to suspend pursuant to paragraph 1: (a) the complaining Party should first seek to suspend benefits in the same sector or sectors affected by the measure; and (b) if the complaining Party considers that it is not practicable or effective to suspend benefits in the same sector or sectors, it may suspend benefits in other sectors. The communication in which it announces such a decision shall indicate the reasons on which it is based.

Appears in 183 contracts

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

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Suspension of benefits. 1. The If the Parties: (a) are unable to agree on compensation within 30 days after the period for developing such compensation has begun; or (b) have agreed on compensation and the complaining Party considers that the Party complained against has failed to observe the terms of the agreement within 20 days following such agreement, the complaining Party may, at any time thereafter, communicate in writing to the Party complained against its intention to suspend the application of benefits. The communication shall specify the level of benefits in 30 days upon reception of such communication,if: (a) the disputing Parties are unable to agree on a compensation within 30 days after the period for establishing such compensation has begun, or the Party complained against has failed to observe the terms of the agreed compensation within 30 days following such agreement; (b) the Panel under the Article 187 (Examination of the Implementation) finds that the complaining Party complained against fails proposes to bring the measure found to be inconsistent with this Agreement into compliance with the recommendations of the Panel within the period of time established; or (c) the Party complained against expresses in writing that it will not implement the recommendationssuspend. 2. The complaining Party may initiate the suspension of benefits within 30 days following the latest later date between the date of the communication pursuant to in accordance with paragraph 1 of this Article and the date when the Panel panel issued its report pursuant to in accordance with Article 190 (Examination of Benefit Suspension Level)23.18. 3. The level of benefits to be suspended shall have an equivalent effect to the benefits not being receivedadverse trade effect caused by the Party complained against. 4. In considering what benefits to suspend pursuant to in accordance with paragraph 1: (a) the complaining Party should first seek to suspend benefits in the same sector or sectors as that or those affected by the measure; and (b) if the complaining Party considers that it is not practicable or effective to suspend benefits in the same sector or sectors, it may suspend benefits in other sectors. 5. Any suspension of benefits shall be restricted to benefits granted to the Party complained against under this Agreement. 6. The communication suspension of benefits shall be temporary and may only be applied until such time as the measure found to be inconsistent with this Agreement has been removed, or a mutually satisfactory solution is reached. If the panel established under Article 23.18 decides that the Party complained against has eliminated the non-conformity, the complaining Party shall promptly reinstate any benefits that it had suspended in which it announces such a decision shall indicate the reasons on which it is basedaccordance with this Article.

Appears in 26 contracts

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

Suspension of benefits. 1. The If the Parties: (a) are unable to agree on compensation within 30 days after the period for developing such compensation has begun; or (b) have agreed on compensation and the complaining Party considers that the Party complained against has failed to observe the terms of the agreement within 20 days following such agreement, the complaining Party may, at any time thereafter, communicate in writing to the Party complained against its intention to suspend the application of benefits. The communication shall specify the level of benefits in 30 days upon reception of such communication,if: (a) the disputing Parties are unable to agree on a compensation within 30 days after the period for establishing such compensation has begun, or the Party complained against has failed to observe the terms of the agreed compensation within 30 days following such agreement; (b) the Panel under the Article 187 (Examination of the Implementation) finds that the complaining Party complained against fails proposes to bring the measure found to be inconsistent with this Agreement into compliance with the recommendations of the Panel within the period of time established; or (c) the Party complained against expresses in writing that it will not implement the recommendations. suspend. 2. The complaining Party may initiate the suspension of benefits within 30 days following the latest later date between the date of the communication pursuant to in accordance with paragraph 1 of this Article and the date when the Panel panel issued its report pursuant to in accordance with Article 190 (Examination of Benefit Suspension Level)23.18. 3. The level of benefits to be suspended shall have an equivalent effect to the benefits not being receivedadverse trade effect caused by the Party complained against. 4. In considering what benefits to suspend pursuant to in accordance with paragraph 1: : (a) the complaining Party should first seek to suspend benefits in the same sector or sectors as that or those affected by the measure; and and (b) if the complaining Party considers that it is not practicable or effective to suspend benefits in the same sector or sectors, it may suspend benefits in other sectors. 5. Any suspension of benefits shall be restricted to benefits granted to the Party complained against under this Agreement. 6. The communication suspension of benefits shall be temporary and may only be applied until such time as the measure found to be inconsistent with this Agreement has been removed, or a mutually satisfactory solution is reached. If the panel established under Article 23.18 decides that the Party complained against has eliminated the non-conformity, the complaining Party shall promptly reinstate any benefits that it had suspended in which it announces such a decision shall indicate the reasons on which it is basedaccordance with this Article.

Appears in 3 contracts

Samples: Dispute Settlement Agreement, Dispute Settlement Agreement, Dispute Settlement Agreement

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Suspension of benefits. 1. The complaining Party may, at any time thereafter, communicate in writing to the Party complained against its intention to suspend the application of benefits in 30 days upon reception of such communication,if: : (a) the disputing Parties are unable to agree on a compensation within 30 days after the period for establishing such compensation has begun, or the Party complained against has failed to observe the terms of the agreed compensation within 30 days following such agreement; ; (b) the Panel under the Article 187 (Examination of the Implementation) finds that the Party complained against fails to bring the measure found to be inconsistent with this Agreement into compliance with the recommendations of the Panel within the period of time established; or or (c) the Party complained against expresses in writing that it will not implement the recommendations. . 2. The complaining Party may initiate the suspension of benefits within 30 days following the latest date between the date of the communication pursuant to paragraph 1 of this Article and the date when the Panel issued its report pursuant to Article 190 (Examination of Benefit Suspension Level). 3. The level of benefits to be suspended shall have an equivalent effect to the benefits not being received. 4. In considering what benefits to suspend pursuant to paragraph 1: : (a) the complaining Party should first seek to suspend benefits in the same sector or sectors affected by the measure; and and (b) if the complaining Party considers that it is not practicable or effective to suspend benefits in the same sector or sectors, it may suspend benefits in other sectors. The communication in which it announces such a decision shall indicate the reasons on which it is based.

Appears in 2 contracts

Samples: Dispute Settlement Agreement, Dispute Settlement Agreement

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