Common use of Mutual Recognition Clause in Contracts

Mutual Recognition. 1. A Party may recognise the education or experience obtained, requirements met, or licences or certification granted in the country of the other Party for purposes of the fulfilment, in whole or in part, of its standards or criteria for the authorisation, licensing, or certification of service suppliers of the other Party. 2. Recognition referred to in paragraph 1 of this Article, which may be achieved through harmonisation or otherwise, may be based upon an agreement or arrangement between the Parties or may be accorded unilaterally. For the purposes of fulfilment, in whole or in part, of the obligation under paragraph 1 of this Article, the Parties have agreed to adopt the Framework on Mutual Recognition Arrangements as in Annex 6. 3. Where a Party recognises, by agreement or arrangement between the Party and a third State or unilaterally, the education or experience obtained, requirements met or licences or certifications granted in the third State; (a) nothing in Article 75 shall be construed to require the Party to accord such recognition to the education or experience obtained, requirements met or licences or certifications granted in the other Party; and (b) the Party shall accord the other Party an adequate opportunity to demonstrate that the education or experience obtained, requirements met or licences or certifications granted in the other Party should also be recognised. 4. Both Parties shall facilitate development of mutual recognition arrangements among professional or regulatory bodies through facilitating discussion among these bodies and exchange of information on focal points.