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 are 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 interested persons and Parties a reasonable opportunity
to comment on such proposed measures.
Article 1803: Notification and Provision of Information
1. To the maximum extent possible, each Party shall notify any
other Party with an interest in the matter of any proposed or
actual measure that the Party considers might materially affect
the operation of this Agreement or otherwise substantially affect
that other Party's interests under this Agreement.
2. On request of another Party, a Party shall promptly provide
information and respond to questions pertaining to any actual
or proposed measure, whether or not that other Party has been
previously notified of that measure.
3. Any notification or information provided under this Article
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 that 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) wherever 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 establish 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, the offices
or authorities with respect to the administrative action at issue.