DISCIPLINES ON
SERVICES DOMESTIC REGULATION
Scope of
the Disciplines
1._
These disciplines
apply to measures by Members
relating to licensing requirements and procedures, qualification requirements
and procedures, and technical standards affecting trade in services.
2._
These disciplines do not apply to any terms, limitations, conditions, or
qualifications set out in a Member's Schedule pursuant to Articles XVI or XVII
of the Agreement.
3._
For the purpose of these
disciplines, "authorization" means the permission to supply a
service, resulting from a procedure to which an applicant must adhere in order
to demonstrate compliance with licensing requirements, qualification requirements,
or technical standards.
Submission of Applications
4._
Each
Member
shall, to the extent practicable, avoid requiring an applicant to approach more
than one competent authority for each application for authorization. If
a service is within the jurisdiction of multiple competent authorities,
multiple applications for authorization may be required.
Application Timeframes
5._
If a Member requires
authorization for the supply of a service, it shall ensure that its competent
authorities to the
extent practicable permit submission of an application at any time throughout
the year.[1] If a specific time period for applying exists, the
Member shall ensure that the competent authorities allow a reasonable period
for the submission of an application.
Electronic Applications and Acceptance of Copies
6._
If a Member requires
authorization for the supply of a service, it shall ensure that its competent
authorities:
(a)_ taking into account their competing priorities and
resource constraints, endeavour to accept applications in electronic format;
and
(b)_ accept copies of documents, that are authenticated
in accordance with the Member's domestic laws and regulations, in place of
original documents, unless the competent authorities require original documents
to protect the integrity of the authorization process.
Processing of Applications
7._
If a Member requires
authorization for the supply of a service, it shall ensure that its competent
authorities:
(a)_ to the extent practicable, provide an indicative
timeframe for processing of an application;
(b)_ at the request of the applicant, provide without
undue delay information concerning the status of the application;
(c)_ to the extent practicable, ascertain without undue
delay the completeness of an application for processing under the Member's
domestic laws and regulations;
(d)_ if they consider an application complete for processing
under the Member's domestic laws and regulations,[2] within a reasonable period of time after the
submission of the application ensure that:
_
(i)_
the
processing of the application is completed; and
_
(ii)_
the
applicant is informed of the decision concerning the application,[3] to the extent possible in writing;[4]
(e)_ if they consider an application incomplete for
processing under the Member's domestic laws and regulations, within a
reasonable period of time, to the extent practicable:
_
(i)_
inform
the applicant that the application is incomplete;
_
(ii)_
at
the request of the applicant, identify the additional information required to
complete the application, or otherwise provide guidance on why the application
is considered incomplete; and
_
(iii)_
provide
the applicant with the opportunity[5] to
provide the additional information that is required to complete the
application;
however, if
none of the above is practicable, and the application is rejected due to
incompleteness, ensure that they so inform the applicant within a reasonable
period of time; and
(f)_
if
an application is rejected, to the extent possible, either upon their own
initiative or upon request of the applicant, inform the applicant of the
reasons for rejection and, if applicable, the procedures for resubmission of an
application; an applicant should not be prevented from submitting another
application[6]
solely on the basis of a previously rejected application.
8._
The competent authorities of a
Member shall ensure that authorization, once granted, enters into effect
without undue delay, subject to applicable terms and conditions.[7]
Fees
9._
Each Member shall ensure that
the authorization fees[8]
charged by its competent authorities are reasonable, transparent, based on
authority set out in a measure, and do not in themselves restrict the supply of
the relevant service.
Assessment of Qualifications
10._
If a Member requires an
examination for authorization for the supply of a service, that Member shall
ensure that its competent authorities schedule such an examination at
reasonably frequent intervals and provide a reasonable period of time to enable
applicants to request to take the examination. Having regard to the cost,
administrative burden, and the integrity of the procedures involved, Members are encouraged to accept requests in electronic
format to take such examinations, and to consider, to the extent
practicable, the use of electronic means in other aspects of examination
processes.
Recognition
11._
Where professional bodies of
Members are mutually interested in establishing dialogues on issues relating to
recognition of professional qualifications, licensing or registration, the
relevant Members should consider supporting the dialogue of those bodies where
requested and appropriate.
Independence
12._ If
a Member adopts or maintains measures relating to the authorization for the
supply of a service, the Member shall ensure that its competent authorities
reach and administer their decisions in a manner independent from any supplier
of the service for which authorization is required.[9]
Publication and Information
available
13._
If a Member requires
authorization for the supply of a service, further to Article III of the
Agreement, the Member shall promptly publish,[10]
or otherwise make publicly available in writing, the information necessary for
service suppliers or persons seeking to supply a service to comply with the
requirements and procedures for obtaining, maintaining, amending and renewing
such authorization. Such information shall include, inter alia,
where it exists:
(a)_ the
requirements and procedures;
(b)_ contact
information of relevant competent authorities;
(c)_ fees;
(d)_ technical
standards;
(e)_ procedures
for appeal or review of decisions concerning applications;
(f)_
procedures for monitoring or
enforcing compliance with the terms and conditions of licenses or
qualifications;
(g)_ opportunities
for public involvement, such as through hearings or comments; and
(h)_ indicative
timeframes for processing of an application.
Opportunity to Comment and Information before Entry into
Force
14._
To the extent practicable and in a manner consistent with its legal
system for adopting measures, each Member[11]
shall publish in advance:
(a)_ its
laws and regulations of general application it proposes to adopt in relation to
matters falling within the scope of paragraph 1 of this Section; or
(b)_ documents
that provide sufficient details about such a possible new law or regulation to
allow interested persons and other Members to assess whether and how their
interests might be significantly affected.
15._
To the extent practicable and
in a manner consistent with its legal system for adopting measures, each Member
is encouraged to apply paragraph 14 of this Section to procedures and
administrative rulings of general application it proposes to adopt in relation
to matters falling within the scope of paragraph 1 of this Section.
16._
To the extent practicable and
in a manner consistent with its legal system for adopting measures, each Member
shall provide interested persons and other Members a reasonable opportunity to
comment on such proposed measures or documents published under
paragraphs 14 or 15 of this Section.
17._
To the extent practicable and
in a manner consistent with its legal system for adopting measures, each Member shall consider comments received
under paragraph 16 of this Section.[12]
18._
In publishing a law or
regulation referred to in paragraph 14 (a) of this Section, or in advance of
such publication, to the extent practicable and in a manner consistent with its
legal system for adopting measures, a Member is encouraged to explain the purpose
and rationale of the law or regulation.
19._
Each Member shall, to the
extent practicable, endeavour to allow reasonable time between publication of
the text of a law or regulation referred to in paragraph 14 (a) of this Section
and the date on which service suppliers must comply with the law or regulation.
Enquiry Points
20._
Each Member shall maintain or establish appropriate mechanisms for responding to
enquiries from service suppliers or persons seeking to supply a service
regarding the measures referred to in paragraph
1 of this Section.[13] A Member may choose to address such enquiries through either the
enquiry and contact points established under Articles III and IV of the
Agreement or any other mechanisms as appropriate.
Technical Standards
21._
Each Member shall encourage its
competent authorities, when adopting technical standards, to adopt technical
standards developed through open and transparent processes, and shall encourage
any body, including relevant international organizations,[14]
designated to develop technical standards to use open and transparent
processes.
Development of Measures
22._
If a
Member adopts or maintains measures relating to the authorization for the supply of a service, the Member shall ensure
that:
(a)_ such measures are based on objective and transparent
criteria;[15]
(b)_ the procedures are impartial, and that the procedures
are adequate for applicants to demonstrate whether they meet the requirements,
if such requirements exist;
(c)_ the procedures do not in themselves unjustifiably
prevent the fulfilment of requirements; and
(d)_
such
measures do not discriminate between men and women.[16]
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