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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