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(c) in the case of licensing procedures, not in themselves a have the possibility of resubmitting, at its discretion, a new
restriction on the supply of the service. application;
6. In determining whether a Party is in conformity with its obligations (g) to the extent permissible under its laws and regulations, do
under subparagraph 5(a), international standards of relevant not require physical presence in the territory of a Party for
international organisations applied by that Party shall be taken the submission of an application for a licence or
13
into account. qualification;
7. Where a Party requires authorisation for the supply of a service, (h) endeavour to accept applications in electronic format under
it shall ensure that its competent authorities: the equivalent conditions of authenticity as paper
submissions, in accordance with its laws and regulations;
(a) ensure that any authorisation fees charged for the and
completion of relevant application procedures are
reasonable, transparent, and do not in themselves restrict (i) where they deem appropriate, accept copies of documents
the supply of a service. For the purposes of this authenticated in accordance with its laws and regulations,
subparagraph, authorisation fees do not include fees for in place of original documents.
the use of natural resources, payment for auction,
tendering, or other non-discriminatory means of awarding 8. Each Party shall provide adequate procedures to verify the
concessions, or mandated contributions to universal competence of professionals of another Party. If licensing or
services provision; qualification requirements include the completion of an
examination, each Party shall, to the extent practicable, ensure
(b) within a reasonable period of time after the submission of that:
an application considered complete under its laws and
regulations, inform the applicant of the decision concerning (a) the examination is scheduled at reasonable intervals; and
the application;
(b) a reasonable period of time is provided to enable interested
(c) to the extent practicable, establish an indicative time frame persons to submit an application.
for processing of an application;
9. Each Party shall, subject to its laws and regulations, permit
(d) on request of the applicant, provide, without undue delay, service suppliers of another Party to use, without undue
information concerning the status of the application; restrictions, the business names under which they trade in the
territory of that other Party.
(e) in the case of an incomplete application and on request of
the applicant, identify, where practicable, all the additional 10. Paragraphs 1 through 9 shall not apply to a sector or measure to
information that is required to complete the application, and the extent that such sector or measure is not subject to Article 8.4
provide the opportunity to remedy deficiencies within a (National Treatment) or Article 8.5 (Market Access) by reason of
reasonable time frame; a Party’s commitments made in accordance with either Article 8.7
(Schedules of Specific Commitments) or Article 8.8 (Schedules of
(f) if an application is terminated or denied, to the extent Non-Conforming Measures).
possible and without undue delay, inform the applicant in
writing of the reasons for such action. The applicant will
Article 8.16: Recognition
1. For the purposes of the fulfilment, in whole or in part, of its
13 “Relevant international organisations” refers to international bodies whose
membership is open to the relevant bodies of the Parties. standards or criteria for the authorisation, licensing, or certification
of service suppliers, and subject to the requirements of paragraph
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