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Article 19.16: Compliance Review
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(b) its findings on the facts of the case arising under this Article
1. Where the Parties to the dispute disagree on the existence or and on the applicability of the provisions of this Agreement;
consistency with this Agreement of any measure taken to comply
with the obligation under paragraph 1 of Article 19.15 (c) its determinations on the existence or consistency with this
(Implementation of the Final Report), such dispute shall be settled Agreement of any measure taken to comply with the
through recourse to a panel reconvened for this purpose obligation under paragraph 1 of Article 19.15
(hereinafter referred to as “Compliance Review Panel” in this (Implementation of the Final Report); and
Chapter). The Complaining Party may request the reconvening
of a Compliance Review Panel by way of notification to the (d) its reasons for its findings and determinations referred to
Responding Party. The Complaining Party shall simultaneously in subparagraphs (b) and (c).
provide a copy of the request to the other Parties.
5. Where a request is made pursuant to paragraph 1, a Compliance
2. The request referred to in paragraph 1 may only be made after Review Panel shall reconvene within 15 days of the date of the
the earlier of either: request. The Compliance Review Panel shall, where possible,
issue its interim report to the Parties to the dispute within 90 days
(a) the expiry of the reasonable period of time established in of the date of its reconvening, and its final report 30 days
accordance with Article 19.15 (Implementation of the Final thereafter. If the Compliance Review Panel considers that it
Report); or cannot issue either report within the relevant period of time, it shall
notify the Parties to the dispute of the reasons for the delay
(b) a notification to the Complaining Party made by the together with an estimate of the period of time within which it will
Responding Party pursuant to subparagraph 2(a) or issue the report.
paragraph 7 of Article 19.15 (Implementation of the Final
Report) that it has complied with the obligation under 6. The period of time from the date of the request made pursuant to
paragraph 1 of Article 19.15 (Implementation of the Final paragraph 1 until the date of issuance of the final report of the
Report). Compliance Review Panel shall not exceed 150 days.

3. A Compliance Review Panel shall make an objective assessment
of the matter before it, including an objective assessment of: Article 19.17: Compensation and Suspension of Concessions or
Other Obligations
(a) the factual aspects of any action taken by the Responding
Party to comply with the obligation under paragraph 1 of 1. Compensation and the suspension of concessions or other
Article 19.15 (Implementation of the Final Report); and obligations are temporary measures available in the event that
the Responding Party does not comply with the obligation under
(b) the existence or consistency with this Agreement of any paragraph 1 of Article 19.15 (Implementation of the Final Report)
measure taken by the Responding Party to comply with the within the reasonable period of time. However, neither
obligation under paragraph 1 of Article 19.15 compensation nor the suspension of concessions or other
(Implementation of the Final Report). obligations is preferred to compliance 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: Compensation is voluntary and, if granted, shall be consistent
with this Agreement.
(a) a descriptive section summarising the arguments of the
Parties to the dispute and Third Parties; 2. Where any of the following circumstances exists:

(a) the Responding Party has notified the Complaining Party
4 For greater certainty, consultations under Article 19.6 (Consultations) are not required
for the procedures under this Article. that it does not intend to comply with the obligation under

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