Chapter Eighteen-- Transparency

Section A:  Transparency

 

Article 18.1:  Contact Points

1. Each Party shall designate, within 60 days of the date of entry into force of this

Agreement, a contact point to facilitate communications between the Parties on any matter

covered by this Agreement.

2. 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 18.2:  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 18.3:  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.

3. Any notification or information provided under this Article shall be without prejudice as

to whether the measure is consistent with this Agreement.

 

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Article 18.4:  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 18.2 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 18.5:  Review and Appeal

1. 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 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, the office or

authority with respect to the administrative action at issue.

Article 18.6:  Definitions

 For purposes of this Section:

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:

 

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(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.

 

Section B:  Anti-Corruption 

Article 18.7:  Statement of Principle

 The Parties affirm their resolve to eliminate bribery and corruption in international trade

and investment.

Article 18.8:  Anti-Corruption Measures 

1. Each Party shall adopt or maintain the necessary legislative or other measures to establish

that it is a criminal offense under its law, in matters affecting international trade or investment,

for:

(a) a public official of that Party or a person who performs public functions for that

Party intentionally to solicit or accept, directly or indirectly, any article of

monetary value or other benefit, such as a favor, promise, or advantage, for

himself or for another person, in exchange for any act or omission in the

performance of his public functions;

(b) any person subject to the jurisdiction of that Party intentionally to offer or grant,

directly or indirectly, to a public official of that Party or a person who performs

public functions for that Party any article of monetary value or other benefit, such

as a favor, promise, or advantage, for himself or for another person, in exchange

for any act or omission in the performance of his public functions; 

(c) any person subject to the jurisdiction of that Party intentionally to offer, promise,

or give any undue pecuniary or other advantage, directly or indirectly, to a foreign

official, for that official or for another person, in order that the official act or

refrain from acting in relation to the performance of official duties, in order to

obtain or retain business or other improper advantage in the conduct of

international business; and

(d) any person subject to the jurisdiction of that Party to aid or abet, or to conspire in,

the commission of any of the offenses described in subparagraphs (a) through (c).  

2. Each Party shall adopt or maintain appropriate penalties and procedures to enforce the

criminal measures that it adopts or maintains in conformity with paragraph 1. 

 

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3. In the event that, under the legal system of a Party, criminal responsibility is not

applicable to enterprises, that Party shall ensure that enterprises shall be subject to effective,

proportionate, and dissuasive non-criminal sanctions, including monetary sanctions, for any of

the offenses described in paragraph 1.

4. Each Party shall endeavor to adopt or maintain appropriate measures to protect persons

who, in good faith, report acts of bribery or corruption described in paragraph 1. 

Article 18.9:  Cooperation in International Fora

 The Parties recognize the importance of regional and multilateral initiatives to eliminate

bribery and corruption in international trade and investment.  The Parties shall work jointly to

encourage and support appropriate initiatives in relevant international fora.  

Article 18.10:  Definitions

 For purposes of this Section:

act or refrain from acting in relation to the performance of official duties includes any use

of the official’s position, whether or not within the official’s authorized competence;

foreign official means any person holding a legislative, administrative, or judicial office of a

foreign country, at any level of government, whether appointed or elected; any person exercising

a public function for a foreign country at any level of government, including for a public agency

or public enterprise; and any official or agent of a public international organization;  

public function means any temporary or permanent, paid or honorary activity, performed by a

natural person in the name of a Party or in the service of a Party, such as procurement, at the

central level of government; and

public official means any official or employee of a Party at the central level of government,

whether appointed or elected.