Page 461 - Regional Comprehensive Economic Partnership (RCEP)
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2. To the extent possible and practicable, each Party shall: the nature of the proceeding, and the public interest permit;
and
(a) publish in advance any such laws, regulations,
procedures, and administrative rulings of general (c) it follows its procedures in accordance with its laws and
application with respect to any matter covered by this regulations.
Agreement that it proposes to adopt; and
(b) provide, where appropriate, interested persons and other Article 17.6: Review and Appeal
Parties with a reasonable opportunity to comment on any
such laws, regulations, procedures, and administrative 1. Each Party shall establish or maintain judicial, quasi-judicial, or
rulings of general application with respect to any matter administrative tribunals or procedures for the purposes of prompt
covered by this Agreement. review and, where warranted, correction of final administrative
actions with respect to any matter covered by this Agreement.
Such tribunals shall be impartial and independent of the office or
Article 17.4: Provision of Information authority entrusted with administrative enforcement and shall not
have any substantial interest in the outcome of the matter.
On request of any Party, the requested Party shall promptly provide
information and respond to questions pertaining to any actual or 2. Each Party shall ensure that, in any such tribunals or procedures,
proposed laws, regulations, procedures, and administrative rulings of each party to a proceeding is provided with the right to:
general application with respect to any matter covered by this Agreement
that the requesting Party considers may affect the operation of this (a) a reasonable opportunity to support or defend that party’s
Agreement. positions; and
(b) a decision based on the evidence and submissions of
Article 17.5: Administrative Proceedings record or, where required by its laws and regulations, the
record compiled by the relevant office or authority.
With a view to administering its laws, regulations, procedures, and
administrative rulings of general application with respect to any matter 3. Each Party shall ensure, subject to appeal or further review as
covered by this Agreement in a consistent, impartial, objective, and provided in its laws and regulations, that the decision referred to
reasonable manner, each Party shall ensure in its administrative in subparagraph 2(b) shall be implemented by, and shall govern
proceedings applying such measures to a particular person, good, or the practice of, the office or authority with respect to the
service of another Party in specific cases that: administrative action at issue.
(a) wherever possible, a person of another Party that is directly
affected by such a proceeding is provided with reasonable Article 17.7: Disclosure of Information
notice, in accordance with its domestic procedures, of
when a proceeding is initiated, including a description of Nothing in this Agreement shall require any Party to provide confidential
the nature of the proceeding, a statement of the legal information, the disclosure of which would be contrary to its laws and
authority under which the proceeding is initiated, and a regulations or impede law enforcement, or otherwise be contrary to the
general description of any issue in question; public interest, or which would prejudice legitimate commercial interests
of particular enterprises, public or private.
(b) a person of another Party that is directly affected by such
a proceeding is afforded a reasonable opportunity to
present facts and arguments in support of that person’s
position prior to any final administrative action, when time,
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