Page 504 - Regional Comprehensive Economic Partnership (RCEP)
P. 504

paragraph 1 of Article 19.15 (Implementation of the Final
                                     Report); or

                              (b)    the Responding Party fails to notify the Complaining Party
                                     in  accordance  with  paragraph  2  of  Article  19.15
                                     (Implementation of the Final Report); or

                              (c)    the Responding Party fails to notify the Complaining Party
                                     in  accordance  with  paragraph  7  of  Article  19.15
                                     (Implementation of the Final Report) by the expiry of the
                                     reasonable period of time; or

                              (d)    the  Compliance  Review  Panel  determines  that  the
                                     Responding Party has failed to comply with the obligation
                                     under paragraph 1 of Article 19.15 (Implementation of the
                                     Final Report) in accordance with Article 19.16 (Compliance
                                     Review),

                              the Responding Party shall, on request of the Complaining Party,
                              enter  into  negotiations  with  a  view  to  developing  mutually
                              acceptable compensation.

                       3.     If the Parties to the dispute have:

                              (a)    been unable to agree on compensation within 30 days after
                                     the date of the receipt of the request made pursuant to
                                     paragraph 2; or

                              (b)    agreed  on  compensation  but  the  Responding  Party  has
                                     failed  to  observe  the  terms  and  conditions  of  that
                                     agreement,

                              the  Complaining  Party  may  at  any  time  thereafter  notify  the
                              Responding Party and the other Parties that it intends to suspend
                              the application to the Responding Party of concessions or other
                              obligations equivalent to the level of nullification or impairment,
                              and shall have the right to begin suspending concessions or other
                              obligations 30 days after the date of the receipt of the notification.

                       4.     Notwithstanding  paragraph  3,  the  Complaining  Party  shall  not
                              exercise  the  right  to  begin  suspending  concessions  or  other
                              obligations under that paragraph where:

                              (a)    a review is being undertaken pursuant to paragraph 9; or

                              (b)    a mutually agreed solution has been reached.




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