Common use of EXPORT LICENSING Clause in Contracts

EXPORT LICENSING. 1. Export licensing means any administrative procedures adopted or maintained by a Party requiring submission from the exporter of an application or other documentation to the relevant administrative body or bodies as a prior condition for exportation from the customs territory of the exporting Party, but does not include customs documentation required in the normal course of trade or any requirement that must be fulfilled prior to introduction of the good into commerce within the Party’s territory. 2. The Parties may only adopt or maintain export licensing procedures if other less trade-restrictive measures are not reasonably available. 3. The Parties shall only adopt or maintain export licensing procedures in order to implement a measure that is consistent with this Agreement or the GATT 1994. 4. Each Party shall notify the other Parties of its existing export licensing procedures, within 60 days of the entry into force of this Agreement. 5. Each Party shall publish any new export licensing procedure, or any modification to an existing export licensing procedure whenever practicable 21 days before the new procedure or modification takes effect, and in any case no later than the date such procedure or modification takes effect. 6. The notification referred to in paragraph 4 and the publication referred to in paragraph 5 shall contain the following information: (a) list of products subject to licensing procedures; (b) for each procedure, a description of the process for applying for a licence and any criteria an applicant must meet to be eligible to apply for a licence; (c) contact point for information on eligibility; (d) administrative body(ies) for submission of applications; (e) a description of any measure or measures being implemented through the export licensing procedure; (f) the period during which each export licensing procedure will be in effect, unless the procedure remains in effect until withdrawn or revised in a new publication; (g) date and name of publication where licensing procedures are published; (h) the legal basis for the export licensing procedure; (i) if the Party intends to use an export licensing procedure to administer an export quota, the overall quantity and, where practicable, value of the quota and the opening and closing dates of the quota; and (j) any exceptions or derogations from an export licensing requirement, how to request those exceptions or derogations, and the criteria for granting them. 7. Any Party shall without undue delay respond to an enquiry by another Party regarding any export licensing procedures which it intends to adopt or which it has adopted or maintained. 8. When a Party has denied an export licence application with respect to export of a good to another Party, it shall provide the applicant, either automatically or upon request, with a written statement of the reasons for the denial. The applicant shall have a right of appeal or review in accordance with the domestic legislation or procedures of the exporting Party. 9. The provisions of this Article shall not apply to export licensing procedures relating to an export control regime and sanctions regime, or for implementing Party’s obligations or commitments under United Nations Security Council Resolutions and the Arms Trade Treaty, as well as multilateral non-proliferation and disarmament regimes and export control arrangements including the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies, the Australia Group, the Nuclear Suppliers Group, and the Missile Technology Control Regime.

EXPORT LICENSING. 1. Export licensing means any administrative procedures adopted or maintained by a Party requiring submission from the exporter of an application or other documentation to the relevant administrative body or bodies as a prior condition for exportation from the customs territory of the exporting Party, but does not include customs documentation required in the normal course of trade or any requirement that must be fulfilled prior to introduction of the good into commerce within the Party’s territory. 2. The Parties may only adopt or maintain export licensing procedures if other less trade-restrictive measures are not reasonably available. 3. The Parties shall only adopt or maintain export licensing procedures in order to implement a measure that is consistent with this Agreement or the GATT 1994. 4. Each Party shall notify the other Parties of its existing export licensing procedures, within 60 days of the entry into force of this Agreement. 5. Each Party shall publish any new export licensing procedure, or any modification to an existing export licensing procedure procedure. Such publication shall take place, whenever practicable 21 practicable, [45] days before the new procedure or modification takes effect, and in any case all events no later than the date such procedure or modification takes effecteffect and, where appropriate, in the relevant government Internet website(s). 62. Within sixty (60) days of the date of entry into force of this Agreement, each Party shall notify the other Party of its existing export licensing procedures. Each Party shall notify to the other Party any new export licensing procedures and any modifications to existing export licensing procedures, within sixty (60) days of its publication. These notifications shall include the reference to the source(s) where the information required in paragraph [3] is published and include, where appropriate, the address of the relevant government Internet website(s). 3. The notification referred to in paragraph 4 and the publication referred to in paragraph 5 of export licensing procedures shall contain include the following information: (a) list the texts of products subject its export licensing procedures, or of any modifications it makes to licensing those procedures; (b) the goods subject to each licensing procedure; (c) for each procedure, a description of the process for applying for a licence license and any criteria an applicant must meet to be eligible to apply for a licence; (c) contact point for information on eligibilitylicense, such as possessing an activity license, establishing or maintaining an investment, or operating through a particular form of establishment in a Party’s territory; (d) administrative body(ies) a contact point or points from which interested persons can obtain further information on the conditions for submission of applicationsobtaining an export license; (e) the administrative body or bodies to which an application or other relevant documentation should be submitted; (f) a description of any measure or measures being implemented through the export licensing procedure; (fg) the period during which each export licensing procedure will be in effect, unless the procedure remains will remain in effect until withdrawn or revised in a new publication; (g) date and name of publication where licensing procedures are published; (h) the legal basis for the export licensing procedure; (i) if the Party intends to use an export a licensing procedure to administer an export quota, the overall quantity andquantity, where practicable, value of the quota and the opening and closing dates of the quota and, if applicable, the value of the quota; and (ji) any exemptions or exceptions or derogations from that replace the requirement to obtain an export licensing requirementlicense, how to request or use those exceptions exemptions or derogationsexceptions, and the criteria for granting them. 74. Any Party shall without undue delay respond to an enquiry by another Party regarding any export licensing procedures which it intends to adopt or which it has adopted or maintained. 8. When For greater certainty, nothing in this Article requires a Party has denied to grant an export licence application with respect to export of a good to another Party, it shall provide the applicant, either automatically or upon request, with a written statement of the reasons for the denial. The applicant shall have a right of appeal or review in accordance with the domestic legislation or procedures of the exporting Party. 9. The provisions of this Article shall not apply to export licensing procedures relating to an export control regime and sanctions regimelicense, or for prevents a Party from implementing Party’s its obligations or commitments under United Nations Security Council Resolutions and the Arms Trade TreatyResolutions, as well as multilateral non-proliferation and disarmament regimes and export control arrangements including the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies, the Australia Group, the Nuclear Suppliers Group, and the Missile Technology Control Regimearrangements.