Page 232 - Regional Comprehensive Economic Partnership (RCEP)

(a) an administrative appeal to or review by an administrative
authority higher than or independent of the official or office
that issued the decision; and

(b) a judicial appeal or review of the decision.
7

2. The legislation of a Party may require that an administrative
appeal or review be initiated prior to a judicial appeal or review.

3. Each Party shall ensure that its procedures for appeal or review
are carried out in a non-discriminatory manner.

4. Each Party shall ensure that, in a case where the decision on
appeal or review under subparagraph 1(a) is not given either:

(a) within set periods as specified in its laws or regulations; or

(b) without undue delay,

the petitioner has the right to either further appeal to or further
review by the administrative authority or the judicial authority or
any other recourse to the judicial authority.
8

5. Each Party shall ensure that the person referred to in paragraph
1 is provided with the reasons for the administrative decision so
as to enable such a person to have recourse to procedures for
appeal or review where necessary.

6. Each Party shall ensure that the person referred to in paragraph
1 is not treated unfavourably merely because that person seeks
review of an administrative decision or omission referred to in
paragraph 1.

7. Each Party is encouraged to make this Article applicable to an
administrative decision issued by a relevant border agency other
than its customs authority.

8. The decision, and the reasons for the decision, of an
administrative or judicial review or appeal shall be provided in
writing.

7 Brunei Darussalam may comply with this paragraph by establishing or maintaining an
independent body to provide impartial review of the determination.

8 Nothing in this paragraph shall prevent a Party from recognising administrative silence
on appeal or review as a decision in favour of the petitioner in accordance with its laws
and regulations.

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