Transparency and Legal Certainty Clause Samples

The Transparency and Legal Certainty clause establishes clear guidelines to ensure that all parties understand their rights, obligations, and the legal framework governing their agreement. In practice, this clause may require that all terms are written in plain language, that relevant laws are referenced, and that any changes to the agreement are communicated transparently. Its core function is to prevent misunderstandings and disputes by making the legal context and expectations explicit, thereby fostering trust and reducing the risk of legal ambiguity.
Transparency and Legal Certainty. 1. The Parties agree that trade remedies shall be used in full compliance with WTO requirements and shall be based on a fair and transparent system. 2. Recognising the benefits of legal certainty and predictability for the economic operators, the Parties shall ensure that, where applicable, their respective domestic legislation in the field of anti-dumping and countervailing measures is and will remain harmonised and fully compatible with WTO legislation. 3. Notwithstanding Article 6.9 of the Anti-Dumping Agreement and Article 12.8 of the SCM Agreement, it is desirable that the Parties ensure, immediately after any imposition of provisional measures, complete and meaningful disclosure of all essential facts and considerations which form the basis for the decision to apply measures, without prejudice to Article 6.5 of the Anti-Dumping Agreement and Article 12.4 of the SCM Agreement. Disclosures shall be made in writing and shall be provided to interested parties with sufficient time to defend their interests. 4. Upon request of the interested parties, the Parties shall grant them the possibility to be heard in order to express their views during anti-dumping or countervailing measures investigations. This shall not unnecessarily delay the conduct of the investigations.
Transparency and Legal Certainty. 1. The Parties agree that investigations and impositions of antidumping and countervailing measures shall be based on a fair and transparent system. 2. The Parties agree to observe the following practices in antidumping and countervailing measures cases between them: (a) immediately following the receipt of a properly documented application from an industry in one Party for the initiation of an antidumping or countervailing measure investigation in respect of goods from the other Party, the Party that has received the properly documented application shall immediately notify the other Party of the receipt of the application; (b) when the authorities are satisfied that there is sufficient evidence to justify the initiation of an investigation, they shall notify it to the other Party and to other interested parties at least 7 working days in advance of the date of initiation of such investigation; (c) a Party’s investigating authority shall take due account of any difficulties experienced by exporters of the other Party in supplying information requested and provide any assistance practicable. On request of an exporter of the other Party, a Party’s investigating authority shall make available the timeframes, procedures and any documents necessary for the offering of an undertaking.

Related to Transparency and Legal Certainty

  • Transparency On request, the data exporter shall make a copy of these Clauses, including the Appendix as completed by the Parties, available to the data subject free of charge. To the extent necessary to protect business secrets or other confidential information, including the measures described in Annex II and personal data, the data exporter may redact part of the text of the Appendix to these Clauses prior to sharing a copy, but shall provide a meaningful summary where the data subject would otherwise not be able to understand the its content or exercise his/her rights. On request, the Parties shall provide the data subject with the reasons for the redactions, to the extent possible without revealing the redacted information. This Clause is without prejudice to the obligations of the data exporter under Articles 13 and 14 of Regulation (EU) 2016/679.

  • Federal Funding Accountability and Transparency Act (FFATA Subrecipient shall comply with the requirements of 2 CFR part 25 Universal Identifier and System for Award Management (▇▇▇). Subrecipient must have an active registration in ▇▇▇, ▇▇▇▇▇://▇▇▇.▇▇▇.gov/▇▇▇/ in accordance with 2 CFR part 25, appendix A, and must have a Data Universal Numbering System (DUNS) number ▇▇▇▇▇://▇▇▇▇▇▇.▇▇▇.▇▇▇/webform/ Subrecipient must also comply with provisions of the Federal Funding Accountability and Transparency Act, which includes requirements on executive compensation, 2 CFR part 170 Reporting Subaward and Executive Compensation Information.

  • Transparency and Freedom of Information 15.1 The Contractor acknowledges that the Authority is subject to the requirements of FOISA and the Environmental Information Regulations. The Contractor shall: (a) provide all necessary assistance and cooperation as the Authority may reasonably request to enable the Authority to comply with its obligations under FOISA and Environmental Information Regulations; (b) transfer to the Authority all Requests for Information relating to this Agreement that the Contractor receives as soon as practicable and in any event within 2 Working Days of receipt; (c) provide the Authority with a copy of all information held on behalf of the Authority which is requested in a Request For Information and which is in the Contractor’s possession or control. The information must be provided within 5 Working Days (or such other period as the Authority may reasonably specify) in the form that the Authority requires. (d) not respond directly to a Request For Information addressed to the Authority unless authorised in writing to do so by the Authority. 15.2 If the Request for Information appears to be directed to information held by the Authority, the Contractor must promptly inform the applicant in writing that the Request for Information can be directed to the Authority. 15.3 If the Authority receives a Request for Information concerning the Framework Agreement, the Authority is responsible for determining at its absolute discretion whether the information requested is to be disclosed to the applicant or whether the information requested is exempt from disclosure in accordance with FOISA or the Environmental Information Regulations. 15.4 The Contractor acknowledges that the Authority may, acting in accordance with the Authority’s Code of Practice on the Discharge of Functions of Public Authorities issued under section 60(5) of FOISA (as may be issued and revised from time to time), be obliged under FOISA or the Environmental Information Regulations to disclose information requested concerning the Contractor or the Framework Agreement: 15.4.1 in certain circumstances without consulting the Contractor, or 15.4.2 following consultation with the Contractor and having taken its views into account.

  • Review of legality and data minimisation (a) The data importer agrees to review the legality of the request for disclosure, in particular whether it remains within the powers granted to the requesting public authority, and to challenge the request if, after careful assessment, it concludes that there are reasonable grounds to consider that the request is unlawful under the laws of the country of destination, applicable obligations under international law and principles of international comity. The data importer shall, under the same conditions, pursue possibilities of appeal. When challenging a request, the data importer shall seek interim measures with a view to suspending the effects of the request until the competent judicial authority has decided on its merits. It shall not disclose the personal data requested until required to do so under the applicable procedural rules. These requirements are without prejudice to the obligations of the data importer under Clause 14(e). (b) The data importer agrees to document its legal assessment and any challenge to the request for disclosure and, to the extent permissible under the laws of the country of destination, make the documentation available to the data exporter. It shall also make it available to the competent supervisory authority on request.

  • Wall Street Transparency and Accountability Act In connection with Section 739 of the Wall Street Transparency and Accountability Act of 2010 (“WSTAA”), the parties hereby agree that neither the enactment of WSTAA or any regulation under the WSTAA, nor any requirement under WSTAA or an amendment made by WSTAA, shall limit or otherwise impair either party’s otherwise applicable rights to terminate, renegotiate, modify, amend or supplement this Confirmation or the Agreement, as applicable, arising from a termination event, force majeure, illegality, increased costs, regulatory change or similar event under this Confirmation, the Equity Definitions incorporated herein, or the Agreement (including, but not limited to, rights arising from Change in Law, Hedging Disruption, Increased Cost of Hedging, an Excess Ownership Position, or Illegality (as defined in the Agreement)).