Article 11 : Transparency
1. Contact Points
(a) Each Party shall designate a contact point or points to
facilitate communications between the Parties on any matter covered by this
Treaty.
(b) On the request of the other Party, the contact points
shall identify the office or official responsible for the matter and assist, as
necessary, in facilitating communication with the requesting Party.
2. Publication
To the extent possible, each Party shall:
(a) publish in advance any measure referred to in
Article 10(1)(a) that it proposes to adopt; and
(b) provide interested persons and the other Party a
reasonable opportunity to comment on such proposed measures.
3. Notification and Provision of Information
(a) To the maximum extent possible, each Party shall notify
the other Party of any proposed or actual measure that the Party considers
might materially affect the operation of this Treaty or otherwise substantially
affect the other Party's interests under this Treaty.
(b) On request of the other Party, a Party shall
promptly provide information and respond to questions pertaining to any actual
or proposed measure referred to in paragraph 3(a), whether or not the other
Party has been previously notified of that measure.
(c) Any notification, request, or information under this
paragraph shall be provided to the other Party through the relevant contact
points.
(d) Any notification or information provided under this
paragraph shall be without prejudice as to whether the measure is consistent
with this Treaty.
4. Administrative Proceedings
With a view to administering in a consistent, impartial, and
reasonable manner all measures referred to in Article 10(1)(a), each Party
shall ensure that in its administrative proceedings applying such measures to
particular persons, goods, or services of the other Party in specific cases
that:
(a) wherever possible, persons of the other Party that are
directly affected by a proceeding are provided reasonable notice, in accordance
with domestic procedures, when a proceeding is initiated, including a
description of the nature of the proceeding, a statement of the legal authority
under which the proceeding is initiated, and a general description of any
issues in controversy;
(b) such persons are afforded a reasonable opportunity to
present facts and arguments in support of their positions prior to any final
administrative action, when time, the nature of the proceeding, and the public
interest permit; and
(c) its procedures are in accordance with domestic law.
5. Review and Appeal
(a) Each Party shall establish or maintain judicial,
quasi-judicial, or administrative tribunals or procedures for the purpose of
the prompt review and, where warranted, correction of final administrative
actions regarding matters covered by this Treaty. Such tribunals shall be
impartial and independent of the office or authority entrusted with
administrative enforcement and shall not have any substantial interest in the
outcome of the matter.
(b) Each Party shall ensure that, in any such tribunals or
procedures, the parties to the proceeding are provided with the right to:
(i) a reasonable opportunity to support or defend their
respective positions; and
(ii) a decision based on the evidence and submissions of
record or, where required by domestic law, the record compiled by the
administrative authority.
(c) Each Party shall ensure, subject to appeal or further
review as provided in its domestic law, that such decisions shall be
implemented by, and shall govern the practice of, the offices or authorities
with respect to the administrative action at issue.
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