Page 499 - Regional Comprehensive Economic Partnership (RCEP)

Confidentiality
15. In exceptional cases, if the panel established pursuant to Article
11. Written submissions to the panel shall be treated as confidential, 19.11 (Establishment and Reconvening of a Panel) considers it
but shall be made available to the Parties to the dispute and, cannot issue its interim report within the period of time referred to
where provided for in Article 19.10 (Third Parties), the Third in paragraph 14, it shall notify the Parties to the dispute of the
Parties. The Parties to the dispute, the Third Parties, and the reasons for the delay together with an estimate of the period
panel shall treat as confidential, information submitted by a Party within which it will issue its interim report to the Parties to the
to the dispute or a Third Party to the panel which that Party has dispute. Any delay shall not exceed a further period of 30 days.
designated as confidential. For greater certainty, nothing in this
paragraph shall preclude a Party to the dispute or a Third Party 16. A Party to the dispute may submit written comments to the panel
from disclosing statements of its own positions to the public, on its interim report within 15 days of the date of the receipt of the
provided that there is no disclosure of statements or information interim report. After considering any written comments by the
submitted by a Party to the dispute or a Third Party to the panel Parties to the dispute on the interim report, the panel may make
which that Party has designated as confidential. A Party to the any further examination it considers appropriate and modify its
dispute or a Third Party shall, on request of a Party, provide a interim report.
non-confidential summary of the information contained in its
written submissions that could be disclosed to the public. 17. The panel shall issue its final report to the Parties to the dispute
within 30 days of the date of issuance of the interim report.
Additional Information and Technical Advice
18. The interim and final reports of the panel shall be drafted without
12. Each Party to the dispute and each Third Party shall respond the presence of the Parties to the dispute.
promptly and fully to any request by a panel for such information
as the panel considers necessary and appropriate. 19. The panel shall circulate its final report to the other Parties within
seven days of the date of issuance of the final report to the Parties
13. On request of a Party to the dispute or on its own initiative, a panel to the dispute, and at any time thereafter a Party to the dispute
may seek additional information and technical advice from any may make the final report publicly available subject to the
individual or body which it deems appropriate. However, before protection of any confidential information contained in the final
doing so the panel shall seek the views of the Parties to the report.
dispute. Where the Parties to the dispute agree that the panel
should not seek the additional information or technical advice, the
panel shall not do so. The panel shall provide the Parties to the Article 19.14: Suspension and Termination of Proceedings
dispute with any additional information or technical advice it
receives and an opportunity to provide comments. Where the 1. The Parties to the dispute may agree at any time that the panel
panel takes into account the additional information or technical suspend its work for a period not exceeding 12 months from the
advice in preparation of its report, it shall also take into account date of such agreement. Within this period, the suspended panel
any comments by a Party to the dispute on the additional proceedings shall resume on request of any Party to the dispute.
information or technical advice. In the event of such suspension, any relevant period of time for
the panel proceedings shall be extended by the period of time that
Reports of the Panel the work was suspended. If the work of the panel has been
continuously suspended for more than 12 months, the authority
14. The panel established pursuant to Article 19.11 (Establishment for establishment of the panel shall lapse unless the Parties to the
and Reconvening of a Panel) shall issue its interim report to the dispute agree otherwise.
Parties to the dispute within 150 days of the date of its
establishment. In cases of urgency including those which 2. The Parties to the dispute may agree to terminate the panel
concern perishable goods, the panel shall endeavour to issue its proceedings in the event that a mutually agreed solution has been
interim report within 90 days of the date of its establishment.

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