Page 25 - Regional Comprehensive Economic Partnership (RCEP)

(b) provide another Party or Parties that may be seriously of technical consultations under this Article, whether as the
affected with a reasonable opportunity for consultation with requesting Party or the requested Party. This notification shall
respect to matters related to such prohibition or restriction. contain a summary of the progress and outcomes of the
consultations.

Article 2.18: Technical Consultations on Non-Tariff Measures 7. For greater certainty, technical consultations under this Article
shall be without prejudice to a Party’s rights and obligations
1. A Party may request technical consultations with another Party on pertaining to dispute settlement proceedings under Chapter 19
a measure it considers to be adversely affecting its trade. The (Dispute Settlement) and the WTO Agreement.
request shall be in writing and shall clearly identify the measure
and the concerns as to how the measure adversely affects trade
between the Party requesting technical consultations (hereinafter Article 2.19: Import Licensing Procedures
referred to as “the requesting Party” in this Article) and the Party
to which a request has been made (hereinafter referred to as “the 1. Each Party shall ensure that all automatic and non-automatic
requested Party” in this Article). import licensing procedures are implemented in a transparent and
predictable manner, and applied in accordance with the Import
2. Where the measure is covered by another Chapter, any Licensing Agreement. No Party shall adopt or maintain a
consultation mechanism provided in that Chapter shall be used, measure that is inconsistent with the Import Licensing Agreement.
unless otherwise agreed between the requesting Party and the
requested Party (hereinafter collectively referred to as “the 2. Each Party shall, promptly after the date of entry into force of this
consulting Parties” in this Article). Agreement for that Party, notify the other Parties of its existing
import licensing procedures. The notification shall include the
3. Except as provided in paragraph 2, the requested Party shall information specified in paragraph 2 of Article 5 of the Import
respond to the requesting Party and enter into technical Licensing Agreement. A Party shall be deemed to be in
consultations within 60 days of the receipt of the written request compliance with this paragraph if:
referred to in paragraph 1, unless otherwise determined by the
consulting Parties, with a view to reaching a mutually satisfactory (a) it has notified the procedures to the WTO Committee on
solution within 180 days of the request. Technical consultations Import Licensing provided for in Article 4 of the Import
may be conducted via any means mutually agreed by the Licensing Agreement (hereinafter referred to as “WTO
consulting Parties. Committee on Import Licensing” in this Chapter), together
with the information specified in paragraph 2 of Article 5 of
4. Except as provided in paragraph 2, the request for technical the Import Licensing Agreement; and
consultations shall be circulated to all the other Parties. Other
Parties may request to join the technical consultations on the (b) in the most recent annual submission due before the date
basis of interests set out in their requests. The participation of of entry into force of this Agreement for that Party to the
any other Party is subject to the consent of the consulting Parties. WTO Committee on Import Licensing in response to the
The consulting Parties shall give full consideration to such annual questionnaire on import licensing procedures
requests. described in paragraph 3 of Article 7 of the Import
Licensing Agreement, it has provided, with respect to those
5. If the requesting Party considers that a matter is urgent or involves existing import licensing procedures, the information
perishable goods, it may request that technical consultations take requested in that questionnaire.
place within a shorter time frame than that provided for under
paragraph 3. 3. Each Party shall notify the other Parties of any new import
licensing procedure and any modification it makes to its existing
6. Except as provided in paragraph 2, each Party shall submit an import licensing procedures, to the extent possible 30 days before
annual notification to the Committee on Goods regarding any use the new procedure or modification takes effect. In no case shall

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