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. Upon 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 shall be 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 a reasonable opportunity for comment by

interested persons and Parties on such proposed

measures.

Article 1803: Notification and Provision of Information

1. Each Party shall, to the maximum extent possible, notify any

other Party with an interest in the matter of any proposed or

actual measure that it considers might materially affect the

operation of this Agreement or otherwise substantially affect

another Party's interests under this Agreement.

2. Upon request of another Party, a Party shall promptly

provide information and respond to questions pertaining to any

actual or proposed measure, whether or not previously notified.

3. Notification and provision of information 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 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) whenever 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

(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, such 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 rather than adjudicating

with respect to a particular act or practice, but, does not

include 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.