Common use of General Principles Clause in Contracts

General Principles. National Treatment and Non-Discrimination 1. With respect to any measure covered by this Chapter, each Party shall accord immediately and unconditionally to the goods and services of the other Party and to the suppliers of the other Party offering such goods or services, treatment no less favorable than that accorded to domestic goods, services, and suppliers. 2. With respect to any measure covered by this Chapter, a Party shall not: (a) treat a locally established supplier less favorably than another locally established supplier on the basis of degree of foreign affiliation or ownership; nor (b) discriminate against a locally established supplier on the basis that the goods or services offered by that supplier for a particular procurement are goods or services of the other Party. Use of Electronic Means 3. When conducting covered procurement by electronic means, a procuring entity shall: (a) ensure that the procurement is conducted using information technology systems and software, including those related to authentication and encryption of information, that are generally available and interoperable with other generally available information technology systems and software; and (b) maintain mechanisms that ensure the integrity of requests for participation and tenders, including establishment of the time of receipt and the prevention of inappropriate access. Conduct of Procurement 4. A procuring entity shall conduct covered procurement in a transparent and impartial manner that: (a) is consistent with this Chapter; (b) avoids conflicts of interest; and (c) prevents corrupt practices. Rules of Origin 5. For purposes of covered procurement, each Party shall apply to covered procurement of goods or services imported from or supplied from the other Party the rules of origin that it applies in the normal course of trade to the same goods or services from the other Party. Offsets 6. A procuring entity shall not seek, take account of, impose, or enforce offsets at any stage of a procurement. Measures Not Specific to Procurement 7. Paragraphs 1 and 2 shall not apply to: (a) customs duties and charges of any kind imposed on, or in connection with importation; (b) the method of levying such duties and charges; (c) other import regulations or formalities; and (d) measures affecting trade in services other than measures governing covered procurement.

General Principles. National Treatment and Non-Discrimination 1. With respect to any measure covered by this Chapter, each Party Party, including its procuring entities, shall accord immediately and unconditionally to the goods and services of the other Party and to the suppliers of the other Party offering such goods or services, treatment no less favorable than that accorded to domestic goods, services, and suppliers. 2. With respect to any measure regarding covered by this Chapterprocurement, a Party Party, including its procuring entities, shall not: (a) treat a locally established supplier less favorably than another locally established supplier on the basis of degree of foreign affiliation or ownership; nor or (b) discriminate against a locally established supplier on the basis that the goods or services offered by that supplier for a particular procurement are goods or services of the other Party. Use of Electronic Means 3. When conducting covered procurement by electronic means, a procuring entity shall: (a) ensure that the procurement is conducted using information technology systems and software, including those related to authentication and encryption of information, that are generally available and interoperable with other generally available information technology systems and software; and (b) maintain mechanisms that ensure the integrity of requests for participation and tenders, including establishment of the time of receipt and the prevention of inappropriate access. Conduct of 14-3 Measures Not Specific to Procurement 4. A Paragraphs 1 and 2 shall not apply to: customs duties and charges of any kind imposed on, or in connection with, importation; the method of levying such duties and charges; other import regulations or formalities and measures affecting trade in services other than measures governing covered procurement. Prohibition of Offsets 5. With regard to covered procurement, a Party, including its procuring entity entities, shall conduct not seek, take account of, impose, or enforce offsets at any stage of a covered procurement in a transparent and impartial manner that: (a) is consistent with this Chapter; (b) avoids conflicts of interest; and (c) prevents corrupt practicesprocurement. Rules of Origin 56. For purposes of covered procurement, each Party shall apply to covered procurement of goods or services imported from or supplied from the other Party the rules of origin that it applies in the normal course of trade to the same those goods or services from the other Partyservices. Offsets 6Conduct of Procurement 7. A procuring entity shall not seek, take account of, impose, or enforce offsets at any stage of conduct covered procurement in a procurement. Measures Not Specific to Procurement 7. Paragraphs 1 transparent and 2 shall not apply toimpartial manner that: (a) customs duties is consistent with this Chapter, using methods such as open tendering, selective tendering, and charges of any kind imposed on, or in connection with importationlimited tendering; (b) the method avoids conflicts of levying such duties interest; and charges; (c) other import regulations or formalities; and (d) measures affecting trade in services other than measures governing covered procurementprevents corrupt practices.