Review and Appeal Clause Samples

Review and Appeal. (a) 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 Treaty. 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. (b) Each Party shall ensure that, in any such tribunals or procedures, the parties to the proceeding are provided with the right to: (i) a reasonable opportunity to support or defend their respective positions; and (ii) a decision based on the evidence and submissions of record or, where required by domestic law, the record compiled by the administrative authority. (c) 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.

Review and Appeal. The importing Party shall grant the right of appeal in matters relating to the eligibility for preferential tariff treatment to producers, exporters or importers of goods traded or to be traded between the Parties, in accordance with its domestic laws, regulations and administrative practices.

Review and Appeal. Each Party shall ensure that with respect to a determination of the Party on customs matters, the importer in its territory has access to: (a) administrative review independent of the official or office that issued the determination; and (b) judicial review of the determination.

Review and Appeal. Each Party shall, where warranted, establish or maintain judicial, quasi- judicial or administrative tribunals, or procedures for the purpose of the prompt review and correction of final administrative actions regarding matters covered by this Agreement, other than those taken for prudential reasons. 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.

Review and Appeal. 1. Each Party shall maintain judicial tribunals or procedures for the purpose of the prompt review and, where warranted, correction of actions taken by its Government relating to matters covered by this Agreement. Such tribunals or procedures shall be impartial and independent of the authorities entrusted with the administrative enforcement of such actions. 2. Each Party shall ensure that the parties in any such tribunals or procedures 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. 3. Each Party shall ensure, subject to appeal or further review as provided in its laws and regulations, that such decision is implemented by the relevant authorities with respect to the action at issue which is taken by its Government.

Review and Appeal. 1. Each Party shall ensure that with respect to its determinations1 on customs matters including origin of goods and preferential tariff treatment and other import, export, and transit requirements and procedures, persons concerned who 2. A producer or exporter may provide, upon request of the reviewing authority, information directly to the Party conducting the administrative review, and may request such 1 For purposes of this Article, a determination, if made by Peru, means an administrative act. 2 It shall be understood that these persons need a representative domiciled in the territory of the Party where the review or appeal is made. Party to treat that information as confidential in accordance with the rules applicable in that Party. This information shall be provided in accordance with the rules determined by the Parties.

Review and Appeal. 1. Each Party shall establish or maintain judicial or administrative tribunals or procedures for purposes of the 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 its 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 office or authority with respect to the administrative action at issue. For purposes of this Chapter: administrative ruling of general application means an administrative ruling or interpretation of general application that applies to all persons and fact situations that fall generally within its ambit and that establishes a norm of conduct but does not include: (a) a determination or ruling made in an administrative proceeding that applies to a particular person, good, or service of the other Party in a specific case; or (b) a ruling that adjudicates with respect to a particular act or practice.

Review and Appeal. 1. Each Party shall ensure the availability of processes for administrative and judicial review of decisions taken by its Customs Administrations independent of the authority responsible for the decision under review. 2. The decision on appeal shall be given to the appellant and the reasons for such decision shall be provided in writing.

Review and Appeal. 1. Each Party shall ensure that any person to whom it issues a determination3 on a customs matter has access to: (a) administrative review of the determination, independent4 of the employee or office that issued the determination; and (b) judicial review of the determination.5 2. Each Party shall ensure that an authority that conducts a review under paragraph 1 notifies the parties to the matter in writing of its decision and the reasons for the decision. A Party may require a request as a condition for providing the reasons for a decision in the review.