Page 501 - Regional Comprehensive Economic Partnership (RCEP)

found. In such event, the Parties to the dispute shall jointly notify an indication of possible actions it may take for such
the chair of the panel. compliance.

3. Before the panel issues its final report, it may at any stage of the 3. If the Responding Party makes a notification pursuant to
proceedings propose to the Parties to the dispute that the dispute subparagraph 2(b) that it is impracticable for it to comply
be settled amicably. immediately with the obligation under paragraph 1, it shall have a
reasonable period of time to comply with the obligation under
4. The Parties to the dispute shall jointly notify the other Parties that paragraph 1.
the panel proceedings have been suspended or terminated or the
authority for the establishment of the panel has lapsed, pursuant 4. The reasonable period of time referred to in paragraph 3 shall,
to paragraph 1 or 2. whenever possible, be agreed by the Parties to the dispute.
Where the Parties to the dispute are unable to agree on the
reasonable period of time within 45 days of the date of the
Article 19.15: Implementation of the Final Report issuance of the panel’s final report to the Parties to the dispute,
any Party to the dispute may request that the chair of the panel
1. The findings and determinations of the panel shall be final and determine the reasonable period of time, by way of notification to
binding on the Parties to the dispute. The Responding Party shall: the chair and the other Party to the dispute. Such a request shall
be made within 120 days of the date of the issuance of the panel’s
(a) if the panel makes a determination that the measure at final report to the Parties to the dispute.
issue is not in conformity with the obligations under this
Agreement, bring the measure into conformity; or 5. Where a request is made pursuant to paragraph 4, the chair of
the panel shall present the Parties to the dispute with a
(b) if the panel makes a determination that the Responding determination of the reasonable period of time and the reasons
Party has otherwise failed to carry out its obligations under for such determination within 45 days of the date of the receipt by
this Agreement, carry out those obligations. the chair of the panel of the request.

2. Within 30 days of the date of the issuance of the panel’s final 6. As a guideline, the reasonable period of time determined by the
report to the Parties to the dispute pursuant to paragraph 17 of chair of the panel should not exceed 15 months from the date of
Article 19.13 (Panel Procedures), the Responding Party shall the issuance of the panel’s final report to the Parties to the
notify the Complaining Party of its intentions with respect to dispute. However, such reasonable period of time may be shorter
implementation and: or longer, depending upon the particular circumstances.

(a) if the Responding Party considers it has complied with the 7. Where the Responding Party considers it has complied with the
obligation under paragraph 1, it shall notify the obligation under paragraph 1, it shall notify the Complaining Party
Complaining Party without delay. The Responding Party without delay. The Responding Party shall include in the
shall include in the notification a description of any notification a description of any measure it considers achieves
measure it considers achieves compliance, the date the compliance, the date the measure comes into effect, and the text
measure comes into effect, and the text of the measure, if of the measure, if any.
any; or

(b) if it is impracticable to comply immediately with the
obligation under paragraph 1, the Responding Party shall
notify the Complaining Party of the reasonable period of
time the Responding Party considers it would need to
comply with the obligation under paragraph 1 along with

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