Common use of Domestic Regulation Clause in Contracts

Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner. 2. (a) Each Party shall maintain or institute as soon as practicable judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected service supplier, for the prompt review of, and where justified, appropriate remedies for, administrative decisions affecting trade in services. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Party shall ensure that the procedures in fact provide for an objective and impartial review. (b) The provisions of subparagraph (a) shall not be construed to require a Party to institute such tribunals or procedures where this would be inconsistent with its constitutional structure or the nature of its legal system. 3. Where authorization is required for the supply of a service on which a specific commitment under this Agreement has been made, the competent authorities of each Party shall: (a) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe; (b) at the request of the applicant, provide without undue delay information concerning the status of the application; and (c) if an application is terminated or denied, to the maximum extent possible, inform the applicant in writing and without delay the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new application. 4. With the objective of ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements do not constitute unnecessary barriers to trade in services, the Parties shall jointly review the results of the negotiations on disciplines on these measures pursuant to Article Vl.4 of GATS, with a view to their incorporation into this Agreement. The Parties note that such disciplines aim to ensure that such requirements are, inter alia: (a) based on objective and transparent criteria, such as competence and the ability to supply the service; (b) not more burdensome than necessary to ensure the quality of the service; (c) in the case of licensing procedures, not in themselves a restriction on the supply of the service. 5. (a) In sectors in which a Party has undertaken specific commitments, pending the incorporation of the disciplines referred to in paragraph 4, that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair its obligation under this Agreement in a manner which: (i) does not comply with the criteria outlined in subparagraphs 4(a), (b) or (c); and (ii) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made. (b) In determining whether a Party is in conformity with the obligation under paragraph 5(a), account shall be taken of international standards of relevant international organizations applied by that Party. 6 6. In sectors where specific commitments regarding professional services are undertaken, each Party shall provide for adequate procedures to verify the competence of professionals of the other Party.

Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner. 2. (a) Each Party shall maintain or institute as soon as practicable judicialWith a view to ensuring that measures relating to qualification requirements and procedures, arbitral or administrative tribunals or procedures which providetechnical standards and licensing requirements and procedures, at the request of an affected service supplier, for the prompt review of, and where justified, appropriate remedies for, administrative decisions affecting do not constitute unnecessary barriers to trade in services. Where such procedures are not independent , the Parties shall jointly review the results of the agency entrusted WTO negotiations on disciplines on such measures, pursuant to Article VI.4 of GATS, and shall amend this Article, as appropriate, after consultations among the Parties, to bring the results of those negotiations into effect under this Agreement. The Parties note that the disciplines arising from such negotiations shall aim to ensure that qualification requirements and procedures, technical standards and licensing requirements and procedures are, inter alia: based on objective and transparent criteria, such as competence and the ability to supply the service; not more burdensome than necessary to ensure the quality of the service; and in the case of licensing procedures, not in themselves a restriction on the supply of the service. In sectors in which a Party has undertaken specific commitments under Article 3 (National Treatment), Article 4 (Market Access) and Article 5 (Additional Commitments), pending the incorporation of the disciplines referred to in Paragraph 2, that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments under this Agreement in a manner which: does not comply with the administrative decision concernedcriteria outlined in Paragraph 2(a), the Party shall ensure that the procedures in fact provide for an objective and impartial review. (b) The provisions or (c); and could not reasonably have been expected of subparagraph (a) shall not be construed to require that Party at the time the specific commitments in those sectors were made. In determining whether a Party to institute such tribunals or procedures where this would be inconsistent is in conformity with its constitutional structure or the nature obligations under Paragraph 3(a), account shall be taken of its legal system. 3. international standards of relevant international organisations applied by that Party.6 Where authorization authorisation is required for the supply of a service on which a specific commitment under this Agreement has been made, the competent authorities of each that Party shall: (a) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe; (b) within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application; at the request of the applicant, provide provide, without undue delay delay, information concerning the status of the applicationapplication under consideration; and (c) if an application is terminated or denied, to the maximum extent possible, inform the applicant in writing writing, and without delay delay, the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new application. 4. With the objective of ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements do not constitute unnecessary barriers to trade in services, the Parties shall jointly review the results of the negotiations on disciplines on these measures pursuant to Article Vl.4 of GATS, with a view to their incorporation into this Agreement. The Parties note that such disciplines aim to ensure that such requirements are, inter alia: (a) based on objective and transparent criteria, such as competence and the ability to supply the service; (b) not more burdensome than necessary to ensure the quality of the service; (c) in the case of licensing procedures, not in themselves a restriction on the supply of the service. 5. (a) In sectors in which a Party has undertaken specific commitments, pending the incorporation of the disciplines referred to in paragraph 4, that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair its obligation under this Agreement in a manner which: (i) does not comply with the criteria outlined in subparagraphs 4(a), (b) or (c); and (ii) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made. (b) In determining whether a Party is in conformity with the obligation under paragraph 5(a), account shall be taken of international standards of relevant international organizations applied by that Party. 6 6. In sectors where specific commitments regarding professional services are undertaken, each Party shall provide for adequate procedures to verify the competence competency of professionals of the other PartyParties. Subject to its domestic laws and regulations, each Party shall permit service suppliers of the other Parties to use the business names under which they ordinarily trade in the territories of the other Parties and otherwise ensure that the use of business names is not unduly restricted.

Domestic Regulation. 1Article VI of GATS shall apply between the Parties to this Chapter, mutatis mutandis. In Without prejudice to the right of a Party to this Chapter to establish and apply licensing procedures and requirements, regarding the services sectors where in respect of which such Party has undertaken specific commitments are undertakenin accordance with Section II (Trade in Services) of this Chapter, each as well as regarding the establishment and activities covered by Section III (Establishment, Commercial Presence and Activities) of this Chapter such Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner. 2. (a) Each Party shall maintain or institute as soon as practicable judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected service supplier, for the prompt review of, and where justified, appropriate remedies for, administrative decisions affecting trade in services. Where such that: its licensing procedures are not independent of in themselves a restriction on the agency entrusted with the administrative decision concernedestablishment, the Party shall ensure that the procedures in fact provide for an objective and impartial review. (b) The provisions of subparagraph (a) shall not be construed to require a Party to institute such tribunals activities or procedures where this would be inconsistent with its constitutional structure or the nature of its legal system. 3. Where authorization is required for the supply of a service, and that its licensing requirements directly related to eligibility to supply a service on which a specific commitment under this Agreement has been made, the competent authorities of each Party shall: (a) were not in the case of themselves an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe; (b) at the request of the applicant, provide without undue delay information concerning the status of the application; and (c) if an application is terminated or denied, unjustified barrier to the maximum extent possible, inform the applicant in writing and without delay the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new application. 4. With the objective of ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements do not constitute unnecessary barriers to trade in services, the Parties shall jointly review the results of the negotiations on disciplines on these measures pursuant to Article Vl.4 of GATS, with a view to their incorporation into this Agreement. The Parties note that such disciplines aim to ensure that such requirements are, inter alia: (a) based on objective and transparent criteria, such as competence and the ability to supply the service; (b) not more burdensome than necessary to ensure the quality of the service; (c) its competent authorities make a decision on granting/denial of a licence without undue delay and no later than the period specified in relevant laws and regulations of such Party; any fees charged in connection with the case filing and review of licensing procedures, an application for a licence would not in themselves be a restriction on the supply of the service. 5. (a) In sectors , establishment or activities; once any period for review of an application for a licence established in which a the laws and regulations of such Party has undertaken specific commitmentslapsed, pending and upon the incorporation request of an applicant, such Party’s competent authority informs the applicant of the disciplines referred status of its application and whether it was considered complete. If the authority requires additional information from the applicant, it shall notify the applicant without undue delay and specify the additional information required to complete the application. Applicants shall have the opportunity to provide the additional information requested and to make technical corrections in paragraph 4, that Party the application. An application shall not apply licensing be considered complete until all information and qualification requirements documents specified in the respective laws and technical standards that nullify or impair its obligation under this Agreement in a manner which: (i) does not comply with the criteria outlined in subparagraphs 4(a), (b) or (c); and (ii) could not reasonably have been expected regulations of that Party at are received; upon the time written request of an unsuccessful applicant, the specific commitments competent authority that has denied an application will inform the applicant in those sectors were made. (b) In determining whether a Party is in conformity with the obligation under paragraph 5(a), account shall be taken of international standards of relevant international organizations applied by that Party. 6 6. In sectors where specific commitments regarding professional services are undertaken, each Party shall provide for adequate procedures to verify the competence of professionals writing of the other Partyreasons for the denial of the application. However, this provision shall not be construed to require a regulatory authority to disclose information, where that disclosure would impede law enforcement or otherwise be contrary to the public interest or essential security interests; where an application is denied, an applicant shall have the right to submit a new application that attempts to address any prior problems for licensing.

Domestic Regulation. 1Article VI of GATS shall apply between the Parties to this Chapter, mutatis mutandis. In Without prejudice to the right of a Party to this Chapter to establish and apply licensing procedures and requirements, regarding the services sectors where in respect of which such Party has undertaken specific commitments are undertakenin accordance with Section II (Trade in Services) of this Chapter, each as well as regarding the establishment and activities covered by Section III (Establishment, Commercial Presence and Activities)of this Chapter such Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner. 2. (a) Each Party shall maintain or institute as soon as practicable judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected service supplier, for the prompt review of, and where justified, appropriate remedies for, administrative decisions affecting trade in services. Where such that: its licensing procedures are not independent of in themselves a restriction on the agency entrusted with the administrative decision concernedestablishment, the Party shall ensure that the procedures in fact provide for an objective and impartial review. (b) The provisions of subparagraph (a) shall not be construed to require a Party to institute such tribunals activities or procedures where this would be inconsistent with its constitutional structure or the nature of its legal system. 3. Where authorization is required for the supply of a service, and that its licensing requirements directly related to eligibility to supply a service on which a specific commitment under this Agreement has been made, the competent authorities of each Party shall: (a) were not in the case of themselves an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe; (b) at the request of the applicant, provide without undue delay information concerning the status of the application; and (c) if an application is terminated or denied, unjustified barrier to the maximum extent possible, inform the applicant in writing and without delay the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new application. 4. With the objective of ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements do not constitute unnecessary barriers to trade in services, the Parties shall jointly review the results of the negotiations on disciplines on these measures pursuant to Article Vl.4 of GATS, with a view to their incorporation into this Agreement. The Parties note that such disciplines aim to ensure that such requirements are, inter alia: (a) based on objective and transparent criteria, such as competence and the ability to supply the service; (b) not more burdensome than necessary to ensure the quality of the service; (c) its competent authorities make a decision on granting/denial of a licence without undue delay and no later than the period specified in relevant laws and regulations of such Party; any fees charged in connection with the case filing and review of licensing procedures, an application for a licence would not in themselves be a restriction on the supply of the service. 5. (a) In sectors , establishment or activities; once any period for review of an application for a licence established in which a the laws and regulations of such Party has undertaken specific commitmentslapsed, pending and upon the incorporation request of an applicant, such Party’s competent authority informs the applicant of the disciplines referred status of its application and whether it was considered complete. If the authority requires additional information from the applicant, it shall notify the applicant without undue delay and specify the additional information required to complete the application. Applicants shall have the opportunity to provide the additional information requested and to make technical corrections in paragraph 4, that Party the application. An application shall not apply licensing be considered complete until all information and qualification requirements documents specified in the respective laws and technical standards that nullify or impair its obligation under this Agreement in a manner which: (i) does not comply with the criteria outlined in subparagraphs 4(a), (b) or (c); and (ii) could not reasonably have been expected regulations of that Party at are received; upon the time written request of an unsuccessful applicant, the specific commitments competent authority that has denied an application will inform the applicant in those sectors were made. (b) In determining whether a Party is in conformity with the obligation under paragraph 5(a), account shall be taken of international standards of relevant international organizations applied by that Party. 6 6. In sectors where specific commitments regarding professional services are undertaken, each Party shall provide for adequate procedures to verify the competence of professionals writing of the other Partyreasons for the denial of the application. However, this provision shall not be construed to require a regulatory authority to disclose information, where that disclosure would impede law enforcement or otherwise be contrary to the public interest or essential security interests; where an application is denied, an applicant shall have the right to submit a new application that attempts to address any prior problems for licensing.

Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Each Party shall ensure that all measures of general application affecting trade in services are be administered in a reasonable, objective and impartial manner. 2. (a) Each Party shall maintain or institute as soon as practicable judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected service supplier, for the prompt review of, and where justified, appropriate remedies for, administrative decisions affecting trade in services. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Party shall ensure that the procedures in fact provide for an objective and impartial review. (b) The provisions of subparagraph (a) shall not be construed to require a Party to institute such tribunals or procedures where this would be inconsistent with its constitutional structure or the nature of its legal system. 3. Where authorization is required requires authorisation for the supply of a service on which a specific commitment under this Agreement has been madeservice, the Party’s competent authorities of each Party shallauthorities: (a) in In the case event of an incomplete application, shall identify, where feasible and at the request of the applicant, identify all the additional information that is required to complete the application and the competent authorities shall provide the opportunity to remedy deficiencies rectify minor errors and omissions within the application. Xxxxx inform the applicant of the decision concerning the application within a reasonable timeframetime after the submission of an application considered complete under its laws and regulations; (b) Shall establish, where feasible, approximate timeframes for the processing of the application; Shall provide information concerning the status of the application at the request of the applicant, provide and without undue delay information concerning the status of the applicationdelay; and (c) if If an application is terminated or denied, to the maximum extent possible, shall inform the applicant in writing and without delay where feasible, of the reasons for such action. The applicant will have the possibility denial, whether directly or at the request of resubmittingthe applicant, at its discretion, a new application. 4and Shall accept certified true copies in lieu of original documents where feasible and pursuant to their laws. With the objective of a view to ensuring that the measures relating related to qualification requirements and procedures, technical standards and licensing requirements do not constitute unnecessary barriers to the trade in services, the Parties each Party shall jointly review the results of the negotiations on disciplines on these measures pursuant to Article Vl.4 of GATS, with a view to their incorporation into this Agreement. The Parties note that such disciplines aim endeavour to ensure that such requirements are, inter aliameasures: (a) Are based on objective and transparent criteria, such as competence and the ability to supply provide the service; (b) Are not more burdensome than is necessary to ensure the quality of the service; (c) in , and In the case of licensing procedures, do not in themselves constitute a restriction on the supply of the service. 5. (a) In sectors in which a Party has undertaken specific commitments, pending the incorporation of the disciplines referred to in paragraph 4, that Each Party shall not apply licensing ensure that whatever fee charged by the competent authority to authorise the supply of a service is reasonable, transparent, and qualification requirements and technical standards that nullify or impair its obligation under this Agreement in a manner which: (i) does not comply with in itself restrict the criteria outlined in subparagraphs 4(a), (b) supply of said service. If the licensing requirements or (c); and (ii) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made. (b) In determining whether a Party is in conformity with the obligation under paragraph 5(a), account shall be taken of international standards of relevant international organizations applied by that Party. 6 6. In sectors where specific commitments regarding professional services are undertakenqualifications include an assessment, each Party must ensure that: The assessment is scheduled in a reasonable timeframe, and A reasonable timeframe is allowed so that interested persons may submit an application to participate in the assessment. Each Party shall provide for adequate ensure that there are procedures to verify the competence professional competences of professionals another Party. Each Party, where feasible, shall ensure that the information concerning the requirements and procedures for issuing licences and qualifications includes the following: Whether it is necessary to renew the licence or the qualifications for the supply of a service; The contact details of the other Partycompetent authority; The requirements, procedures and costs applying to the issuing of licences and qualifications, and The procedures concerning appeals or reviews of applications, where applicable. The Parties recognise their mutual obligations to domestic regulation under Article VI: 4 of the GATS and reaffirm their commitment to the development of any discipline necessary for compliance with that Article. Insofar as any of the said disciplines may be adopted by the members of the WTO or developed in another multilateral forum in which the Parties are engaged, the Parties shall jointly review them, where appropriate, with a view to determining whether said results should be incorporated into this Additional Protocol. This Article shall not apply to the non-conforming aspects of the measures that may be adopted or maintained by a Party pursuant to Annexes I and II.

Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner. 2. (a) Each Party shall maintain or institute as soon as practicable judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected service supplier, for the prompt review ofof and, and where justified, appropriate remedies for, administrative decisions affecting trade in services. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Party shall ensure that the procedures in fact provide for an objective and impartial review. (b) The provisions of subparagraph (a) shall not be construed to require a Party to institute such tribunals or procedures where this would be inconsistent with its constitutional structure or the nature of its legal system. 3. Where authorization authorisation is required for the supply of a service on which a specific commitment under this Agreement has been madeservice, the competent authorities of each a Party shall: (a) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe; (b) within a reasonable period of time after the submission of an application considered complete under domestic law, inform the applicant of the decision concerning the application; (c) at the request of the applicant, provide provide, without undue delay delay, information concerning the status of the application; and (cd) if an application is terminated or denied, to the maximum extent possible, inform the applicant in writing and without delay the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new application. 4. With the objective of a view to ensuring that measures relating to qualification requirements and procedures, technical standards standards, and licensing requirements and procedures do not constitute unnecessary barriers to trade in services, the Parties each Party shall jointly review the results of the negotiations on disciplines on these measures pursuant to Article Vl.4 of GATS, with a view to their incorporation into this Agreement. The Parties note that such disciplines aim to ensure that any such requirements measures that it adopts or maintains are, inter alia: (a) based on objective and transparent criteria, such as competence and the ability to supply the service; (b) not more burdensome than necessary to ensure the quality of the service; (c) in the case of licensing procedures, not in themselves a restriction on the supply of the service; and (d) subject to Paragraph 5 of Xxxxx XXX, in compliance with the disciplines on domestic regulation in that Annex. 5. (a) In sectors in which a Party has undertaken specific commitments, pending the incorporation of the disciplines referred to in paragraph 4, that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair its obligation under this Agreement in a manner which: (i) does not comply with the criteria outlined in subparagraphs 4(a), (b) or (c); and (ii) could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made. (b) In determining whether a Party is in conformity with the obligation its obligations under paragraph 5(a)Paragraph 4, account shall be taken of international standards of relevant international organizations organisations 14 applied by that Party. 6 6. In sectors where specific commitments regarding professional services are undertaken, each Party shall provide for adequate procedures to verify If the competence of professionals results of the negotiations related to Article VI(4) of GATS (or the results of any similar negotiations undertaken in other Partymultilateral fora in which the Parties participate) enter into effect, the Parties shall jointly review such results. Where the joint review assesses that the incorporation of such results into this Agreement would improve or strengthen the disciplines contained herein, the Parties shall jointly The term "relevant international organisations" refers to the international bodies whose membership is open to the Parties. determine whether to incorporate such results into this Agreement. 7. Nothing in this Article and Xxxxx XXX shall apply to any measure adopted or maintained by a Party consistent with its Schedules to Annexes I and II.

Domestic Regulation. 1. In sectors where specific commitments are undertaken, ,each Party shall ensure that all measures of general application generalapplication affecting trade in services are administered in a ina reasonable, objective and impartial manner. 2. (a) Each Party shall maintain or institute as soon as practicable aspracticable judicial, arbitral or administrative tribunals or tribunalsor procedures which provide, at the request of an affected service supplieraffectedservice supplier of the other Party, for the prompt review ofreviewof, and where justified, appropriate remedies for, ,administrative decisions affecting trade in services. .Where such procedures are not independent of the agency entrusted agencyentrusted with the administrative decision concerned, the Party theParty shall ensure that the procedures in fact provide for an xxxxx objective and impartial review. (b) 3. The provisions of subparagraph (a) paragraph 2 above shall not be construed beconstrued to require a Party to institute such tribunals or procedures orprocedures where this would be inconsistent with its constitutional itsconstitutional structure or the nature of its legal system. 34. Where authorization authorisation is required for the supply of a service aservice on which a specific commitment under this Agreement has been made, thecompetent authorities of a Party shall, within a reasonableperiod of time after the submission of an applicationconsidered complete under that Party's domestic laws andregulations, inform the applicant of the decisionconcerning the application. At the request of theapplicant, the competent authorities of each the Party shallshallprovide, without undue delay, information concerning thestatus of the application. 5. In sectors where a Party has undertaken specificcommitments subject to any terms, limitations, conditionsor qualifications set out therein, the Party shall notapply licensing and qualification requirements andtechnical standards that nullify or impair such specificcommitments in a manner which: (a) in does not comply with the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe; (b) at the request of the applicant, provide without undue delay information concerning the status of the application; and (c) if an application is terminated or denied, to the maximum extent possible, inform the applicant in writing and without delay the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new application. 4. With the objective of ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements do not constitute unnecessary barriers to trade in services, the Parties shall jointly review the results of the negotiations on disciplines on these measures pursuant to Article Vl.4 of GATS, with a view to their incorporation into this Agreement. The Parties note that such disciplines aim to ensure that such requirements are, inter aliafollowing criteria: (ai) based on objective and transparent criteria, ,such as competence and the ability to supply the supplythe service; (bii) not more burdensome than necessary to ensure the ensurethe quality of the service; or (ciii) in the case of licensing procedures, not in themselves inthemselves a restriction on the supply of the ofthe service. 5. (a) In sectors in which a Party has undertaken specific commitments, pending the incorporation of the disciplines referred to in paragraph 4, that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair its obligation under this Agreement in a manner which: (i) does not comply with the criteria outlined in subparagraphs 4(a), (b) or (c); and (iib) could not reasonably have been expected of that Party thatParty at the time the specific commitments in those inthose sectors were made. (b) 6. In determining whether a Party is in conformity with the obligation withits obligations under paragraph 5(a)5 above, account shall be taken betaken of international standards of relevant international organizations applied by organisations(Note) applicable to that Party. 6 6. In sectors where specific commitments regarding professional services are undertaken, each Party shall provide for adequate procedures Note: The term "relevant international organisations" refers tointernational bodies whose membership is open to verify the competence relevantbodies of professionals of the other Partyboth Parties.

Domestic Regulation. 1. In sectors where specific commitments are undertaken, each Party Each Member State shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner. 2. (a) Each Party Member State shall maintain or institute as soon as practicable judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected service supplier, for the prompt review of, and where justified, appropriate remedies for, administrative decisions affecting trade in services. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Party Member State shall ensure that the procedures in fact provide for an objective and impartial review. (b) The provisions of subparagraph (a) shall not be construed to require a Party Member State to institute such tribunals or procedures where this would be inconsistent with its constitutional structure or the nature of its legal system. 3. Where authorization authorisation is required by the domestic laws and regulations for the supply of a service on which a specific commitment under this Agreement has been madeservice, the competent authorities of each Party that Member State shall: (a) in the case of an incomplete application, at the request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe; (b) at the request of the applicant, provide provide, without undue delay delay, information concerning the status of the application; within a reasonable period of time after the submission of an application considered complete under domestic laws and (c) regulations, inform the applicant of the decision concerning the application; and if an application is terminated or denied, to the maximum extent possible, inform the applicant in writing and without delay the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new application. 4. With the objective of ensuring that Where a Member State adopts or maintains measures relating to licensing requirements and procedures, qualification requirements and procedures, or where a Member State adopts or maintains measures relating to technical standards and licensing requirements do not constitute unnecessary barriers to trade in servicesas a condition for the supply of a service, the Parties Member State shall jointly review the results of the negotiations on disciplines on these ensure that: such measures pursuant to Article Vl.4 of GATS, with a view to their incorporation into this Agreement. The Parties note that such disciplines aim to ensure that such requirements are, inter alia: (a) are based on objective and transparent criteria; the procedures are impartial, and that the procedures are adequate for applicants to demonstrate whether they meet the requirements, where such as competence requirements exist; and the ability to supply the service; (b) not more burdensome than necessary to ensure the quality of the service; (c) in the case of licensing procedures, procedures are reasonable and do not in themselves a restriction on the supply unduly prevent fulfilment of the servicerequirements. 5. (a) In sectors in which a Party has undertaken specific commitments, pending the incorporation of the disciplines referred to in paragraph 4, that Party A Member State shall not apply licensing and qualification requirements and technical standards that nullify or impair its obligation under this Agreement in a manner which: (i) does not comply with the criteria outlined in subparagraphs 4(a4 (a), (b) or (c); and (ii) could not reasonably have been expected of that Party Member State at the time the specific commitments in those sectors were made. (b) In determining whether a Party Member State is in conformity with the obligation under paragraph subparagraph 5(a), account shall be taken of international standards of relevant international organizations organisations applied by that PartyMember State. 6 6. In sectors where specific commitments regarding With respect to professional services are undertakenxxxxxxxx0, each Party Member State shall provide for adequate procedures to verify the competence of professionals of any other Member State. Each Member State shall ensure its competent authorities accept copies of documents authenticated in accordance with its domestic laws and regulations, in place of original documents, to the other Partyextent domestic laws and regulations permit. If licensing or qualification requirements include the completion of an examination, each Member State shall, to the extent practicable, ensure that: the examination is scheduled at reasonably frequent intervals; and a reasonable period of time is provided to enable interested persons to submit an application. Member States shall, in accordance with their domestic laws and regulations, endeavour to accept applications in electronic format under the equivalent conditions of authenticity as paper submissions. Each Member State shall ensure that the authorisation fees9 charged by the competent authority are reasonable, transparent and do not in themselves restrict the supply of the relevant service. If the results of the negotiations related to paragraph 4 of Article VI of the GATS enter into effect, this Article shall be amended, as appropriate, after consultations between the Member States, to bring those results into effect under this Agreement.