Page:United States Statutes at Large Volume 115 Part 3.djvu/665

 PROCLAMATION 7449—JUNE 8, 2001 115 STAT. 2739 Article 4 Domestic Rcgnlatioa In sectors where spectiic commHinents are undertaken, each Piity shall ensure tkat aD measures of genaal application affecting trade in services are adninistered in a reasonable, objective and impartial manner. A. Each Party shall maintain or institute as soon as practicable judicial, aiiiitial or adiiDMStrative tribunals or procedures which provide, at the request ofin afifected service supplier, for the prompt review o(, and where justified, appropriate remedies for, administrative decisions affecting trade in services. Where such procedures aic not independent of the agency emnisted with the administrativedecision concerned, the Party shall ensure that the procedures in fact provide for an abjective and impartial review. B. The provisions of subparagraph A shall not be construed to reqinre a Patty to institute such tribuiuls or procedures where this would be inconsistent with its constitutional structure or the nature of its legal system Where authorization is required for the supply ofa service on which a specific commitment has been made, the competent authorities of a Party shall, within a reasonable period oftime 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, the competent authorities of the Party shall provide, without undue delay, information concerning the status of the application A The Party shall not apply licensing and qualification requh'ements and technical standards that nullify or impair such specific commitments in a manner which: (i) does not comply with the following criteria: (a) such requiremems or standards shall be based on objective and transparent criteria, such as competence and the abilitytosupplythe service, (b) such requiremems or standards shall notbe more burdensome than necessary to ensure the quality of the service; (c) in the Case of licensing procedures, they shall not in themselves be a restriction on the supply of the service « " &..

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