Title:Administrative and Institutional Provisions -- Chapter 18
Author: White House
Document-Date: 29 Sept 1993
Content-Type: text/plain; CHARSET=US-ASCII
Content-Length:6412                                       PART SEVEN 
                      ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS 
 
                                    Chapter Eighteen 
 
                  Publication, Notification and Administration of Laws 
 
 
            Article 1801:  Contact Points 
 
                 Each Party shall designate a contact point to facilitate 
            communications between the Parties on any matter covered by 
            this Agreement.  On the request of another Party, the contact 
            point shall identify the office or official responsible for the 
            matter and assist, as necessary, in facilitating communication 
            with the requesting Party. 
 
 
            Article 1802:  Publication 
 
            1.   Each Party shall ensure that its laws, regulations, 
            procedures and administrative rulings of general application 
            respecting any matter covered by this Agreement are promptly 
            published or otherwise made available in such a manner as to 
            enable interested persons and Parties to become acquainted with 
            them. 
 
            2.   To the extent possible, each Party shall: 
 
                 (a)  publish in advance any such measure that it proposes 
                      to adopt; and 
 
                 (b)  provide interested persons and Parties a reasonable 
                      opportunity to comment on such proposed measures. 
 
 
            Article 1803:  Notification and Provision of Information 
 
            1.   To the maximum extent possible, each Party shall notify 
            any other Party with an interest in the matter of any proposed 
            or actual measure that the Party considers might materially 
            affect the operation of this Agreement or otherwise 
            substantially affect that other Party's interests under this 
            Agreement. 
 
            2.   On request of another Party, a Party shall promptly 
            provide information and respond to questions pertaining to any 
            actual or proposed measure, whether or not that other Party has 
            been previously notified of that measure. 
 
 
 
 
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            3.   Any notification or information provided under this 
            Article shall be without prejudice as to whether the measure is 
            consistent with this Agreement. 
 
 
            Article 1804:  Administrative Proceedings 
 
                 With a view to administering in a consistent, impartial 
            and reasonable manner all measures of general application 
            affecting matters covered by this Agreement, each Party shall 
            ensure that in its administrative proceedings applying measures 
            referred to in Article 1802 to particular persons, goods or 
            services of another Party in specific cases that: 
 
                 (a)  wherever possible, persons of another 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. 
 
 
            Article 1805:  Review and Appeal 
 
            1.   Each Party shall adopt 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 Agreement.  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. 
 
            2.   Each Party shall ensure that, in any such tribunals or 
            procedures, the parties to the proceeding are provided with the 
            right to: 
 
                 (a)  a reasonable opportunity to support or defend their 
                      respective positions; and  
 
 
 
 
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                 (b)  a decision based on the evidence and submissions of 
                      record or, where required by domestic law, the record 
                      compiled by the administrative authority. 
 
            3.   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. 
 
 
            Article 1806:  Definitions 
 
            For purposes of this Chapter: 
 
            administrative ruling of general application means an 
            administrative ruling or interpretation that applies to all 
            persons and fact situations that fall generally within its 
            ambit and that establishes a norm of conduct but does not 
            include: 
 
                 (a)  a determination or ruling made in an administrative 
                      or quasi-judicial proceeding that applies to a 
                      particular person, good or service of another Party 
                      in a specific case; or 
 
                 (b)  a ruling that adjudicates with respect to a 
                      particular act or practice. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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