Common use of Transparency and Publication Clause in Contracts

Transparency and Publication. 1. Each Party shall, as appropriate, provide for regular consultations between border agencies and traders or other interested parties within its territory. 2. Each Party shall, in accordance with its laws and regulations, ensure that new or amended laws and regulations of general application related to customs and trade facilitation issues are published or information on them made otherwise publicly available, as early as possible before their application, in order to enable traders and other interested parties to become acquainted with them. 3. Paragraphs 1 and 2 shall not apply to: (a) changes to the rates of customs duties; (b) measures that have a relieving effect; (c) measures the effectiveness of which would be undermined as a result of compliance with paragraphs 1 and 2; (d) measures applied in urgent circumstances; or (e) minor changes to domestic law and legal system. 4. Each Party shall promptly make publicly available, in a non-discriminatory and easily accessible manner including online, its laws, regulations, general administrative procedures and guidelines, related to customs and trade facilitation issues. These include: (a) importation, exportation and transit procedures (including port, airport, and other entry point procedures), required forms and documents; (b) applied rates of customs duties and taxes of any kind imposed on or in connection with importation or exportation; (c) fees and charges imposed by or for governmental agencies on or in connection with importation, exportation or transit; (d) rules for the classification or valuation of goods for customs purposes; (e) laws, regulations and administrative rulings of general application relating to rules of origin; (f) import, export or transit restrictions or prohibitions; (g) penalty provisions against breaches of import, export or transit formalities; (h) appeal procedures; (i) agreements or parts thereof with any country or countries relating to importation, exportation or transit; (j) procedures relating to the administration of tariff quotas; (k) hours of operation and operating procedures for customs offices at ports and border crossing points; and (l) points of contact for information enquiries. 5. Whenever practicable, information on general administrative procedures and guidelines, related to customs and trade facilitation and the information referred to in paragraph 4 shall also be made available in a mutually agreed official language of the WTO. 6. Each Party shall establish or maintain one or more enquiry points to address enquiries of interested parties concerning customs and other trade facilitation issues, and shall make information concerning the procedures for making such enquiries publicly available online. 7. A Party shall not require the payment of a fee for answering enquiries or providing required forms. 8. The enquiry points shall answer enquiries and provide the forms and documents within a reasonable time period set by each Party, which may vary depending on the nature or complexity of the request. 9. The information on fees and charges that shall be made publicly available in accordance with subparagraph 4(c) shall include the fees and charges that will be applied, the reason for such fees and charges, the responsible authority and when and how payment is to be made. Such fees and charges shall not be applied until information on them has been made publicly available.

Transparency and Publication. 1. Each Party shallshall provide, as appropriate, provide for regular consultations between border agencies and traders or other interested parties stakeholders within its territory. 2. Each Party shall, in accordance with its laws and regulations, ensure that new or amended laws and regulations of general application related to customs and trade facilitation issues are published or information on them made otherwise publicly available, as early as possible before their application, in order to enable traders and other interested parties to become acquainted with them. 3. Paragraphs 1 and 2 shall not apply to: (a) changes to the rates of customs duties; (b) measures that have a relieving effect; (c) measures the effectiveness of which would be undermined as a result of compliance with paragraphs 1 and 2; (d) measures applied in urgent circumstances; or (e) minor changes to domestic law and legal system. 4. Each Party shall promptly make publicly availablepublish, in a non-discriminatory and easily accessible manner manner, including onlineonline and to the extent possible in the English language, its laws, regulations, regulations and general administrative procedures and guidelines, related to customs and trade facilitation issuesmatters. These Those matters include: (a) importationimport, exportation export and transit procedures (procedures, including port, airportairport and other entry-point procedures, and other entry point procedures), required forms and documents; (b) applied rates of customs duties and taxes of any kind imposed on or in connection with importation or exportation; (c) fees and charges imposed by or for governmental agencies on or in connection with importation, exportation or transit; (d) rules for the classification or valuation of goods for customs purposes; (e) laws, regulations and administrative rulings of general application relating to rules of origin; (f) import, export or transit restrictions or prohibitions; (g) penalty provisions against breaches of import, export or transit formalities; (h) appeal procedures; (i) agreements or parts thereof with any country or countries relating to importation, exportation or transit; (j) procedures relating to the administration of tariff quotas; (k) hours of operation and operating procedures for customs offices at ports and border crossing points; and (l) enquiry points of contact for information enquiries. 53. Whenever practicableEach Party shall provide, information in accordance with its laws and regulations, opportunities and an appropriate time period to traders and other interested parties to comment on the proposed introduction or amendment of laws and regulations of general administrative procedures and guidelines, application related to customs and trade facilitation matters. 4. Each Party shall ensure, in accordance with its laws and regulations, that new or amended laws and regulations of general application related to customs and trade facilitation or any information thereon are made publicly available, as early as possible before their entry into force, in order to enable traders and other interested persons to become acquainted with them. 5. Each Party may provide that paragraphs 3 and 4 do not apply to changes to duty rates or tariff rates, measures that have a relieving effect, measures the information referred effectiveness of which would be undermined as a result of compliance with paragraphs 3 and 4, measures applied in urgent circumstances or minor changes to in paragraph 4 shall also be made available in a mutually agreed official language of the WTOits domestic law and legal system. 6. Each Party shall establish or maintain one or more enquiry points to address enquiries of traders and other interested parties persons concerning customs and other trade facilitation issues, matters and shall make information concerning the procedures for making such enquiries publicly available online. 7. A Party shall not require the payment of a fee for answering enquiries or providing required formsforms and documents. 8. The enquiry points shall provide an answer to enquiries and provide the forms and documents within a reasonable time period set by each Party, which may vary depending on the nature or complexity of the requestenquiry. 9. The information on fees and charges that shall be made publicly available in accordance with subparagraph 4(c) shall include the fees and charges that will be applied, the reason for such fees and charges, the responsible authority and when and how payment is to be made. Such fees and charges shall not be applied until information on them has been made publicly available.