Organization of American States - Trade Unit
Chapter Eighteen Publication, Notification and Administration of Laws
Article 1801: Contact Points
Each Party shall designate a contact point to facilitate
communications between the Parties on any matter covered by this
Agreement. Upon the request of another Party, the contact point
shall identify the office or official responsible for the matter
and assist, as necessary, in facilitating communication with the
requesting Party.
Article 1802: Publication
1. Each Party shall ensure that its laws, regulations,
procedures and administrative rulings of general application
respecting any matter covered by this Agreement shall be promptly
published or otherwise made available in such a manner as to
enable interested persons and Parties to become acquainted with
them.
2. To the extent possible, each Party shall:
(a) publish in advance any such measure that it proposes to
adopt; and
(b) provide a reasonable opportunity for comment by
interested persons and Parties on such proposed
measures.
Article 1803: Notification and Provision of Information
1. Each Party shall, to the maximum extent possible, notify any
other Party with an interest in the matter of any proposed or
actual measure that it considers might materially affect the
operation of this Agreement or otherwise substantially affect
another Party's interests under this Agreement.
2. Upon request of another Party, a Party shall promptly
provide information and respond to questions pertaining to any
actual or proposed measure, whether or not previously notified.
3. Notification and provision of information shall be without
prejudice as to whether the measure is consistent with this
Agreement.
Article 1804: Administrative Proceedings
With a view to administering in a consistent, impartial and
reasonable manner all measures of general application affecting
matters covered by this Agreement, each Party shall ensure in its
administrative proceedings applying measures referred to in
Article 1802 to particular persons, goods or services of another
Party in specific cases that:
(a) whenever possible, persons of another Party that are
directly affected by a proceeding are provided
reasonable notice, in accordance with domestic
procedures, when a proceeding is initiated, including a
description of the nature of the proceeding, a
statement of the legal authority under which the
proceeding is initiated and a general description of
any issues in controversy;
(b) such persons are afforded a reasonable opportunity to
present facts and arguments in support of their
positions prior to any final administrative action,
when time, the nature of the proceeding and the public
interest permit; and
(c) its procedures are in accordance with domestic law.
Article 1805: Review and Appeal
1. Each Party shall adopt or maintain judicial, quasi-judicial
or administrative tribunals or procedures for the purpose of the
prompt review and, where warranted, correction of final
administrative actions regarding matters covered by this
Agreement. Such tribunals shall be impartial and independent of
the office or authority entrusted with administrative enforcement
and shall not have any substantial interest in the outcome of the
matter.
2. Each Party shall ensure that, in any such tribunals or
procedures, the parties to the proceeding are provided with the
right to:
(a) a reasonable opportunity to support or defend their
respective positions; and
(b) a decision based on the evidence and submissions of
record or, where required by domestic law the record
compiled by the administrative authority.
3. Each Party shall ensure, subject to appeal or further review
as provided in its domestic law, that such decisions shall be
implemented by, and shall govern the practice of, such offices or
authorities with respect to the administrative action at issue.
Article 1806: Definitions
For purposes of this Chapter:
administrative ruling of general application means an
administrative ruling or interpretation that applies to all
persons and fact situations that fall generally within its ambit
and that establishes a norm of conduct rather than adjudicating
with respect to a particular act or practice, but, does not
include a determination or ruling made in an administrative or
quasi-judicial proceeding that applies to a particular person,
good or service of another Party in a specific case.
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