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Provisions on Trade in Services in Trade and Integration Agreements in the Western Hemisphere


Part I: Sub-regional Trade and Integration Agreements
VIII. Transparency Requirements: C. Enquiry Points

WTO/GATS
Article III - Transparency
Each Member shall respond promptly to all requests for specific information.

Each Member shall also establish one or more enquiry points to provide specific information to other Members.

Such enquiry points shall be established within two years from the entry into force of the Agreement Establishing the WTO.

Appropriate flexibility with respect to the time-limit within which such enquiry points are to be established may be agreed upon for individual developing countries.

NAFTA
PART SEVEN: ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS; Chapter Eighteen: Publication, Notification and Administration of Laws
Article 1801: Contact Points

Each Party shall designate a contact point to facilitate communications between the Parties on any matter covered by this Agreement. On the request of another Party, the contact point shall identify the office or official responsible for the matter and assist, as necessary, in facilitating communication with the requesting Party.

Group of Three
Chapter X, Article 10-03 Transparency
Each Party shall respond promptly to all requests for specific information. Formulated by other Parties, concerning all the measures referred to in paragraph 1. Each Party shall also establish one or more enquiry points to provide specific information to the other Parties that request it concerning all these questions, along with those questions that are subject to the obligation of information pursuant to paragraph 3.

Chapter XXI:Transparency
Article 21-01: Information Center

Each Party shall designate an information center to facilitate communications between the Parties on any matter covered by this Treaty. On the request of another Party, the information center shall identify the office or official responsible for the matter and assist, as necessary, in facilitating communication with the requesting Party.

CACM
Not Specified.

CARICOM
Not Specified.

Andean Community
Chapter IV, Article 9
Publications- Each Member Country will promptly publish, at least at the date of its entry into force, all measures of general application, which pertain to or affect the operation of this General Framework, including international agreements entered into with third parties and the recognition of the General Secretariat of the Andean Community. When the publication of such information is not feasible, it shall be made available to the public in another way.

Notification.- The international agreements subscribed with third parties that refer to or affect the institutionalizing operation in this General Framework should be notified to the General Secretariat of the Andean Community.

To the effect of what is mentioned in paragraph 1, the Member States shall not be obliged to disclose confidential information, the disclosure of which could be an obstacle to the fulfillment of the domestic set of laws of each Member State, be it opposed to public order or to domestic security or be it likely to harm the legitimate commercial interests of public-sector or private companies.

Central America/Dominican Republic
Chapter X, Article 10-05: Transparency
Publications- Each Party will promptly publish at the latest on the date of the entry into force, all measures which are referred in this chapter or affect its operation. International agreements that are referred or affect to the trade in services and any international agreements signed by the Parties shall be published and notified.

When the publication of information, as referred to in the previous paragraph, is not feasible or practical, the Parties will do whatever necessary to make them available to the public through another means. Notification requirements- Each Party will promptly inform the rest of Parties about the entry into force of new laws, regulations, or administrative guidelines, or of the modifications introducing in the already existences, which significantly affect trade in services.

Enquiry Points- Each Party shall promptly respond to all requests for specific information formulated by the rest of Parties about the specific measures of 'publication'. For the purposes of complying with this article, the Parties will use the information services established at the domestic level pursuant to paragraph 4, Article III of the WTO GATS. Chapter X, Article 10-06: Disclosure of confidential information

No provision in this chapter shall be interpreted as imposing to the Parties the obligation to disclose confidential information, the disclosure of which could be an obstacle to the compliance of laws or be in another way opposed to the public interest, or might hurt the legitimate interests of state-owned or private companies.

Mercosur
Part II, Article VIII: Transparency
Publications- Each Party will promptly publish, before the date of its entry into force, except in emergency situations, all relevant measures of general application, which pertain to or affect the operation of this Protocol. Likewise each Party shall publish international agreements subscribed with any country, which pertain to or affect the trade in services. When the publication of the information referred to in the above paragraph is not feasible, it shall be made available to the public in another way.

Notification requirements- Each Party will promptly inform, and at least annually, the Trade Commission of MERCOSUR, of the establishment of new laws, regulations, or administrative guidelines, or introduction of modifications to the existing ones which significantly affect trade in services. Each Party may notify the Trade Commission of MERCOSUR of any measure adopted by another Party which, according to its judgement, affects the operation of this Protocol.

Enquiry Points- Each Party shall respond promptly to all requests for specific information that other Parties formulate regarding to any of their measures of general application or international agreements mentioned in paragraph 1. Likewise, each Member State shall facilitate specific information to the Party States that request it, through an established service or established services, pursuant to Article III Paragraph 4 of GATS, concerning all theses questions and concerning those subject to notification according to paragraph 3.

Article XI. Disclosure of confidential information
No provision in this Protocol shall be interpreted as imposing to the Parties the obligation to disclose confidential information, the disclosure of which could be an obstacle to the compliance of laws or be in another way opposed to the public interest, or might hurt the legitimate interests of state-owned or private companies.

Bolivia/Mercosur
Not Specified.

Chile/Mercosur
Not Specified.

 
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