Page 502 - Regional Comprehensive Economic Partnership (RCEP)

Article 19.16: Compliance Review
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1. Where the Parties to the dispute disagree on the existence or
consistency with this Agreement of any measure taken to comply
with the obligation under paragraph 1 of Article 19.15
(Implementation of the Final Report), such dispute shall be settled
through recourse to a panel reconvened for this purpose
(hereinafter referred to as “Compliance Review Panel” in this
Chapter). The Complaining Party may request the reconvening
of a Compliance Review Panel by way of notification to the
Responding Party. The Complaining Party shall simultaneously
provide a copy of the request to the other Parties.

2. The request referred to in paragraph 1 may only be made after
the earlier of either:

(a) the expiry of the reasonable period of time established in
accordance with Article 19.15 (Implementation of the Final
Report); or

(b) a notification to the Complaining Party made by the
Responding Party pursuant to subparagraph 2(a) or
paragraph 7 of Article 19.15 (Implementation of the Final
Report) that it has complied with the obligation under
paragraph 1 of Article 19.15 (Implementation of the Final
Report).

3. A Compliance Review Panel shall make an objective assessment
of the matter before it, including an objective assessment of:

(a) the factual aspects of any action taken by the Responding
Party to comply with the obligation under paragraph 1 of
Article 19.15 (Implementation of the Final Report); and

(b) the existence or consistency with this Agreement of any
measure taken by the Responding Party to comply with the
obligation under paragraph 1 of Article 19.15
(Implementation of the Final Report).

4. The Compliance Review Panel shall set out in its report:

(a) a descriptive section summarising the arguments of the
Parties to the dispute and Third Parties;

4 For greater certainty, consultations under Article 19.6 (Consultations) are not required
for the procedures under this Article.

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