Page:ECONOMIC AND TRADE AGREEMENT BETWEEN THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA.pdf/79

 regarding implementation submitted by either Party, and (c) attempt to resolve disputes through consultations. In carrying out its work, each Bilateral Evaluation and Dispute Resolution Office may consult with government agencies with relevant expertise.

Article 7.3: Requests for Information

A Party may request at any meeting, or prior to a meeting, information from the other Party regarding a matter relating to the implementation of this Agreement. The other Party shall provide a written response containing the requested information. In the event that a Party is not able to provide the requested information, the response shall contain a specific explanation of why the information cannot be provided within the time limit and the specific date when the information will be provided. Nothing in this provision shall obligate a Party to provide confidential information to the other Party.

Article 7.4: Dispute Resolution

1. Appeal. Where one Party (the "Complaining Party") believes that the other Party (the "Party Complained Against") is not acting in accordance with this Agreement, the Complaining Party may submit an appeal ("Appeal") to the Bilateral Evaluation and Dispute Resolution Office of the Party Complained Against. An Appeal shall be in writing and shall contain sufficient information to allow the Party Complained Against to make a proper assessment of the matter. The Appeal may, but need not, include information that could identify any company at issue or business confidential information. The Appeal and any information and matters related to it are confidential and shall not be shared beyond the Bilateral Evaluation and Dispute Resolution Office, absent the agreement of the Parties.

2. Scope of Appeal.

(a) The dispute resolution process covers all matters that occur after the date of entry into force of this Agreement.

(b) Any measure, including an action, of a Party taken prior to the date of entry into force of this Agreement, which is maintained or continues to have effect after that date, is also subject to the dispute resolution process. For an Appeal of such a measure, the Complaining Party shall provide to the Party Complained Against an explanation of the continuing effect of the measure.

3. Assessment. The Party Complained Against shall carry out and complete an assessment of the Appeal. The Party Complained Against shall consider the facts, nature, and seriousness of the issues presented by the Appeal. After the assessment is completed, the designated officials shall begin consultations.

4. Dispute Procedures. Both Parties will attempt to resolve the Appeal in the most efficient manner using the following procedures: 7-2