Текст очень длинный, поэтому разбит на части. Часть 2 из 2.
2. In the case where originating goods are imported through the territories of the non-Parties one of the following documentary evidence shall be submitted to the customs authorities of the importing Party:
a) the transport documents covering the passage from the territory of one Party to the territory of the other Party and containing description of the goods and, where applicable and consistent with transportation conditions, the names of the ships or other means of transport used and the containers' numbers; or
b) the documents issued by the customs authorities of the non-Parties where the goods were in transit that contain description of the goods and confirm that the goods have been kept (stored) under customs control and have not been altered or processed within its territory as provided for in subparagraph "a" of paragraph 1 of this Article.
3. In addition to the documents referred to in paragraph 2 of this Article any other supporting documents proving the direct consignment may be submitted.
4. If a declarant fails to provide the customs authorities of the importing Party with documentary evidence of direct consignment, preferential tariff treatment shall not be granted.
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ARTICLE 16 Third Party Invoicing
The importing Party shall grant preferential tariff treatment for originating goods in cases where the invoice is issued by a person registered either in a Party or in a non-Party, provided that such goods meet the requirements of these Rules.
SECTION II. PROOF OF ORIGIN
Article 17 General requirements
1. Goods originating in a Party shall on importation into any Party benefit from the preferential tariff treatment upon submission of one of the following Proofs of Origin:
a) a Certificate of Origin (Form EAM) issued in accordance with Article 19 of these Rules, except for the cases provided for in Article 28 of these Rules; or
b) a Declaration of Origin made out in accordance with Article 21 of these Rules.
2. Notwithstanding paragraph 1 of this Article, in the cases specified in Article 18 of these Rules originating goods shall benefit from preferential tariff treatment without it being necessary to submit any of the documents referred to in this Article.
Article 18 Exemptions from Proof of Origin
The Proof of Origin is not required in order to obtain preferential tariff treatment for importation of originating goods where the customs value does not exceed the amount of two hundred (200) Euro or the equivalent amount in the importing Party's currency, provided that the importation does not form part of one or more consignments that may reasonably be considered to have been undertaken or arranged for the purposes of avoiding the submission of the Proof of Origin.
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Article 19 Certificate of Origin
1. Certificate of Origin is a document confirming the origin of goods issued by an authorised body of a Party, upon an application having been made by the producer, exporter or its authorised representative. The application shall be made in writing or by electronic means, if applicable in accordance with the laws and regulations of the exporting Party.
2. The Certificate of Origin shall be issued in original paper format, except for the cases provided for in paragraph 3 of Article 28 of these Rules.
3. The Certificate of Origin shall be issued by the authorised body prior to or after the time of exportation whenever the goods to be exported can be considered as originating in a Party within the meaning of these Rules.
4. The authorised body of the exporting Party shall ensure that Certificates of Origin are issued in conformity with the format and duly completed in accordance with the requirements set out in Annex to these Rules.
5. The Certificate of Origin shall cover the goods under one consignment and shall be valid for the granting preferential tariff treatment for a period of twelve (12) months from the date of its issuance by the authorised body. The actual weight of delivered goods shall not exceed five (5) percent of the weight specified in the Certificate of Origin.
Article 20 Specific Cases of Issuance of Certificate of Origin
1. Where a Certificate of Origin has not been issued prior to the time of exportation, it may be issued retroactively. In this instance, the Certificate of Origin shall bear the words "ISSUED RETROACTIVELY" or "ISSUED RETROSPECTIVELY".
2. In the event of theft, loss or destruction of the original Certificate of Origin issued in paper format, the producer, exporter or its authorised representative may apply to the authorised body for its certified duplicate. A certified duplicate shall bear the words "DUPLICATE OF THE CERTIFICATE OF ORIGIN NUMBER_DATE_". The certified duplicate of a Certificate of Origin shall be valid for the granting preferential tariff treatment no longer than twelve (12) months from the date of issuance of the original Certificate of Origin.
3. Due to accidental errors or omissions made in the Certificate of Origin, the authorised body shall issue the Certificate of Origin in substitution
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for the previously issued Certificate of Origin which shall be annulled. In this instance, the Certificate of Origin shall bear the words: "ISSUED IN SUBSTITUTION FOR THE CERTIFICATE OF ORIGIN NUMBER__DATE__". Such Certificate of Origin shall be valid for the granting preferential tariff treatment for a period of twelve (12) months from the date of its issuance.
4. In the case of transportation of originating goods between the Parties which have not undergone any working or processing in the other Parties, the authorised body of the latter Party may issue a replacement certificate instead of Certificate of Origin. Replacement Certificates of Origin shall be issued on the basis of the Certificate of Origin issued by the authorised body of the former Party and shall bear the words "ISSUED ON THE BASIS OF CERTIFICATE OF ORIGIN NUMBER__DATE__". Such Certificate of Origin shall be valid for the granting preferential tariff treatment for a period of twelve (12) months from the date of its issuance.
Article 21 Declaration of Origin
1. The Declaration of Origin as referred to in subparagraph "b" of paragraph 1 of Article 17 of these Rules can be made out by any producer or exporter for consignment of originating goods the customs value of which does not exceed five thousand (5 000) Euro or the equivalent amount in the importing Party's currency.
2. The Declaration of Origin is a statement on origin of goods made by producer or exporter on any commercial document related to the goods. The Declaration of Origin shall be made out by typing, stamping or printing in the English language.
3. The producer or exporter making out a Declaration of Origin shall be prepared to submit at any time, at the request of the verification authority of the exporting Party, all appropriate documents proving the origin of the goods concerned as well as the fulfilment of the other requirements of these Rules.
4. The Declaration of Origin shall cover the originating goods under one consignment and shall remain valid for the granting preferential tariff treatment for a period of twelve (12) months from the date it was made. The actual weight of declared importing goods shall not exceed five (5) percent of the weight specified in the commercial document containing Declaration of Origin.
5. Where the customs authorities of the importing Party have a reasonable doubt about the authenticity of a Declaration of Origin and (or) the compliance of the goods with the origin criteria, they may request a Certificate of Origin to be presented.
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Article 22 Minor Discrepancies
1. Where the origin of the goods is not in doubt, the discovery of minor discrepancies between the information in the Proof of Origin and in the documents submitted to the customs authorities of the importing Party shall not, of themselves, invalidate the Proof of Origin, if such information in fact corresponds to the goods submitted.
2. For multiple goods declared under the same Proof of Origin, a problem encountered with one of the goods listed shall not affect or delay the granting of preferential tariff treatment for the remaining goods covered by the Proof of Origin.
Article 23 Record-keeping Requirements
1. The producer or exporter applying for the issuance of a Certificate of Origin shall keep all records and copies of documents submitted to the authorised body for the period of no less than three (3) years from the date of issuance of the Certificate of Origin.
2. An importer who has been granted preferential tariff treatment must keep the copy of Proof of Origin for the period of no less than three (3) years from the date when the preferential tariff treatment was granted.
3. The application for Certificate of Origin and all documents related to such application shall be retained by the authorised body for the period of no less than three (3) years from the date of issuance of the Certificate of Origin.
4. A producer or exporter making out a Declaration of Origin shall keep all records and copies of documents proving the origin of the goods concerned for a period of no less than three (3) years from the date of issuance of the Declaration of Origin.
SECTION III. PREFERENTIAL TARIFF TREATMENT
Article 24 Granting Preferential Tariff Treatment
1. Preferential tariff treatment under this Agreement shall be applied to originating goods that satisfy the requirements of these Rules.
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2. Customs authorities of the importing Party shall grant preferential tariff treatment to originating goods of the exporting Party provided that:
a) importing goods satisfy the origin criteria referred to in Article 3 of these Rules;
b) direct consignment requirements referred to in Article 15 of these Rules have been fulfilled;
c) the origin of imported goods is confirmed by Proof of Origin in accordance with requirements provided for in these Rules.
3. If appropriate Proof of Origin or documentary evidence of the direct consignment requirements has not been submitted at the time of importation, the importing Party shall impose the applied MFN customs duty or require payment of a deposit on the imported goods, where applicable. In such a case the importer may make a claim for preferential tariff treatment and refund of any excess customs duty or deposit paid within twelve (12) months from the date of registration of customs declaration in accordance with respective laws and regulations of the importing Party provided that all requirements of this Article have been met.
4. Notwithstanding paragraph 2 of this Article, where the customs authorities of the importing Party have a reasonable doubt as to the origin of the goods for which preferential tariff treatment is claimed and (or) to the authenticity of the submitted Proof of Origin such customs authorities may suspend the application of preferential tariff treatment to such goods, while awaiting the results of verification procedures. However, the goods can be released in accordance with the requirements of such Party's respective laws and regulations.
Article 25 Denial of Preferential Tariff Treatment
1. Where the goods do not meet the requirements of these Rules or where the importer or exporter fails to comply with the requirements of these Rules, the customs authorities of the importing Party shall deny preferential tariff treatment and recover unpaid customs duties in accordance with its respective laws and regulations.
2. The customs authorities of the importing Party shall deny preferential tariff treatment in one of the following cases:
a) the goods do not satisfy the origin criteria referred to in Article 3 of these Rules;
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b) the direct consignment requirements provided for in Article 15 of these Rules have not been fulfilled;
c) the Proof of Origin has not been submitted to the customs authorities of the importing Party or has not been issued and duly completed as specified in Annex to these Rules;
d) the goods specified in the Proof of Origin cannot be identified with the goods declared upon customs declaration. However, lack of correspondence between the HS code detailed on the Proof of Origin and the actual classification by the customs authority of the importing Party, shall not in itself constitute a reason for denial of preferential tariff treatment;
e) the actual weight of declared importing goods exceeds the weight specified in the Proof of Origin by more than five (5) percent;
f) the Certificate of Origin has not been submitted upon the request of the customs authority of the importing Party in cases provided for in paragraph 5 of Article 21 and in paragraphs 5 and 9 of Article 28 of these Rules;
g) the information contained in the original Certificate of Origin, its copy or electronic Certificate of Origin does not correspond to the information in the web-database, referred to in Article 28 of these Rules, on the date of registration of customs declaration;
h) the verification procedures undertaken under Articles 29 and 30 of these Rules fail to determine the origin of the goods or indicate the inconsistency of the origin criteria;
i) the verification authority of the exporting Party has confirmed that the Certificate of Origin had not been issued (i.e. forged) or had been annulled (withdrawn);
j) the customs authority of the importing Party receives no reply within a maximum of four (4) months after the date of a verification request made to the verification authority of the exporting Party, or if the response to the verification request does not contain sufficient information to conclude whether the goods originate in a Party;
k) the customs authority of the importing Party within sixty (60) days from the date of dispatch of the request for verification visit, stipulated in
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paragraph 2 of Article 30 of these Rules, receives no written consent from the verification authority of the exporting Party, pursuant to paragraph 5 of Article 30 of these Rules, or receives a refusal to conduct such verification visit.
SECTION IV. ADMINISTRATIVE COOPERATION
Article 26 Authorised Body and Verification Authority
Each Government of the Parties shall designate or maintain an authorised body and a verification authority.
Article 27 Notifications
1. Prior to the entry into force of this Agreement, each Party shall provide the other Party, through the Eurasian Economic Commission and the competent authority of Mongolia, respectively, with the following information:
a) names and addresses of each authorised body and verification authority of the Parties;
b) original and legible specimen impressions of stamps of the authorised bodies of the Parties;
c) contact e-mail addresses of the customs authorities and verification authorities of the Parties for the facilitation of verification procedures;
d) electronic addresses of the web-databases referred to in Article 28 of these Rules and information about requirements to access such web-databases (user names, passwords, if any).
2. Mongolia shall provide the Eurasian Economic Commission with the original information referred to in subparagraph "b" of paragraph 1 of this Article or any changes to such information in sextuplicate. The Eurasian Economic Commission may request Mongolia to provide additional sets of such information.
3. The Eurasian Economic Commission and the competent authority of Mongolia shall publish on the Internet the information on the names and addresses of the authorised bodies and verification authority of each Party.
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4. Any change to the information stipulated in this Article shall be notified by the Eurasian Economic Commission and the competent authority of Mongolia in advance and in the same manner.
5. Any notification or communication under these Rules shall be conducted between the Parties through the relevant authorities in the English language.
Article 28 Use of Web-Databases. Development and Implementation of Electronic Origin Data Exchange System
1. In order to simplify the procedures for obtaining the preferential tariff treatment, the Parties can use secure web-database of the authorised bodies that contain information on issued Certificates of Origin and enable customs authorities of the importing Party to verify the authenticity of any issued Certificate of Origin (hereinafter referred to as "web-databases").
2. The web-databases shall meet the following requirements:
a) completeness, relevance and reliability of the information contained;
b) data protection of the information contained from unauthorised access, destruction, modification or any other illegal actions;
c) proper around the clock functioning;
d) entering information identical to the data from Certificate of Origin (except for signatures and stamps) into the web-database no later than one (1) day after the date of its issuance;
e) storage of information on the issued Certificates of Origin within the period set out in paragraph 3 of Article 23 of these Rules; and
f) possibility of saving (printing) information contained in the web-database by the customs authorities of the importing Party.
3. When the interested authorised bodies adopt the web-databases or the Electronic Origin Data Exchange System is implemented, referred to in paragraph 6 of this Article (hereinafter referred to as "the EODES"), Certificates of Origin may be issued electronically without being made in original paper format (hereinafter referred to as "electronic Certificate of Origin").
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4. If the Parties use the web-databases, the original Certificate of Origin shall not be required by the customs authority of the importing Party. In this case, a copy of the Certificate of Origin (hard or soft copy) or the electronic Certificate of Origin is enough for the granting preferential tariff treatment.
5. If information on the Certificate of Origin is not available in the web-database on the date of registration of the customs declaration, the customs authority of importing Party shall require the submission of the original Certificate of Origin, unless the Certificate of Origin is issued in electronic format only as provided for in paragraph 3 of this Article.
6. With the view of further development of paperless trade, the Parties shall endeavour to implement and support the EODES, based on an electronic data exchange concept.
7. The EODES shall enable the customs authorities of the importing Party to receive through the electronic data transmission the information from the Certificates of Origin issued by the authorised bodies of the exporting Party.
8. If the Parties implement the EODES, the original Certificate of Origin, its copy or electronic Certificate of Origin shall not be required by the customs authority of the importing Party. In such case, the date and number of such Certificate of Origin shall be specified in the customs declaration for the granting preferential tariff treatment.
9. If information on the Certificate of Origin is not available in the EODES on the date of registration of the customs declaration, the customs authority of importing Party shall require the submission of copy of the Certificate of Origin and verify its authenticity using the web-database. If the authorised body does not have the web-database, original Certificate of Origin shall be submitted, unless the Certificate of Origin is issued in electronic format only as provided for in paragraph 3 of this Article.
10. All the requirements and specifications for the application of the EODES shall be set out in separate Protocol.
Article 29 Verification of Origin
1. Where the customs authorities of the importing Party have a reasonable doubt about the authenticity of Proof of Origin and (or) the compliance of the goods, covered by the Proof of Origin, with the origin criteria, pursuant to Article 3 of these Rules, or in the case of a random check, they may send a request to the verification authority of the exporting Party to confirm the authenticity of the Proof of Origin and (or) the compliance of the goods with the origin criteria and (or) to provide,
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if requested, documentary evidence from the producer or exporter of the goods (hereinafter referred to as "verification request").
2. In cases set out in subparagraphs "b" to "g" of paragraph 2 of Article 25 of these Rules, the customs authorities of the importing Party are not required to make a verification request for the purposes of making decisions on denial of preferential tariff treatment.
3. All verification requests shall be accompanied by sufficient information to identify the goods concerned, a copy of the Proof of Origin verified and shall specify the circumstances and reasons for such request.
4. The recipient of the verification request shall respond to the requesting customs authority of the importing Party within four (4) months after the date of such verification request.
5. A copy of the verification request and its accompanying documents, as well as the verification response to such request, shall be transmitted electronically between the customs authority of the importing Party and the verification authority of the exporting Party, via the contact email addresses referred to paragraph 1 of Article 27 of these Rules.
6. In response to a Xrequest under paragraph 1 of this Article verification authority of the exporting Party shall clearly indicate whether the Proof of Origin is authentic and (or) whether the goods can be considered as originating in such Party, including by providing requested documentary evidence received from the producer or exporter of the goods. Before the response to the verification request is received, paragraph 4 of Article 24 of these Rules may be applied. The customs duties or deposit paid shall be refunded if the received results of the verification procedures confirm and clearly indicate that the goods qualify as originating and all other requirements of these Rules are met.
ARTICLE 30 Verification Visit
1. If the customs authorities of the importing Party are not satisfied with the outcome of the verification referred to in Article 29 of these Rules, they may, under exceptional circumstances, request verification visits to the exporting Party to review the records referred to in Article 23 of these Rules and (or) observe the facilities used in the production of the goods.
2. In order to conduct a verification visit pursuant to paragraph 1 of this Article the customs authority of the importing Party shall send a written request with its
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intention to conduct the verification visit (hereinafter referred to as "the request for verification visit") to the verification authority of the exporting Party.
A copy of the request for verification visit shall also be transmitted electronically from the customs authority of the importing Party to the verification authority of the exporting Party, via the contact email addresses referred to paragraph 1 of Article 27 of these Rules.
3. The request for verification visit referred to in paragraph 2 of this Article shall be as comprehensive as possible and shall include, inter alia:
a) the name of the customs authorities of the Party issuing the request;
b) the names of the producer or exporter of the goods whose premises are to be visited;
c) the proposed date of the verification visit;
d) the coverage of the proposed verification visit, including reference to the goods subject to the verification and to the doubts regarding their origin; and
e) the preliminary information on the competent authorities performing the verification visit.
4. Verification authority of the exporting Party shall send the request to the producer or exporter of the goods whose premises are to be visited and transfer its written consent to the requesting Party within sixty (60) days from the date of dispatch of the request for verification visit.
5. Where a written consent from the verification authority is not obtained within sixty (60) days from the date of dispatch of the request for verification or a refusal to conduct such verification visit is received, the requesting Party shall deny preferential tariff treatment to the goods referred to in the Proof(s) of Origin that would have been subject to the verification visit.
6. Any verification visit shall be launched within sixty (60) days from the date of the receipt of written consent and finished within a reasonable period of time, but no later than one hundred and fifty (150) days from the date of receipt of the written consent.
7. Verification visit shall be carried out by the Verification Team consisting of the representatives of the competent authorities of the importing and the exporting Parties.
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8. Competent authorities of the exporting and the importing Parties shall provide an efficient cooperation required for the verification visit conducted by the Verification Team.
9. The producer or exporter of the goods who has given consent for verification visit shall assist in its implementation, provide access to the premises, financial (accounting) and production documents related to the subject of the verification visit and shall provide any additional information and (or) documents, if so requested.
10. If there are obstacles by the authorities or entities of the inspected Party during the verification visit, which result in the absence of possibility to conduct the verification visit, the importing Party has the right to deny preferential tariff treatment to the goods concerned.
11. The results of the verification visit shall be documented in the English language in the form of a report, which shall clearly indicate the compliance or non-compliance of the goods verified with the requirements of these Rules.
12. Verification authority of the exporting Party shall send to the producer or exporter of the goods verified the report on the results of such verification not later than twenty (20) days from the date the verification visit is finished.
13. Any suspended or denied preferential tariff treatment shall be reinstated based on the results of verification visit, indicating that goods which are subject of verification visit meet the requirements of these Rules.
14. All costs relating to the participation of representatives of the importing Party in the verification visit shall be borne by the importing Party.
Article 31 Confidentiality
All information provided pursuant to these Rules shall be treated by the Parties as confidential in accordance with their respective laws and regulations. It shall not be disclosed without the written permission of the person or authority of the Party providing it except to the extent that it may be required to be disclosed in the context of judicial proceedings.
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Article 32 Penalties or Other Measures Against Fraudulent Acts
Each Party shall provide for criminal or administrative penalties for violations of its respective laws and regulations related to these Rules.
SECTION V. TRANSITIONAL PROVISIONS
Article 33 Goods in Transportation or Storage
Originating goods which are in the process of transportation from the exporting Party to the importing Party, or which are in temporary storage under customs control in the importing Party for a period not exceeding six (6) months before the entry into force of this Agreement, shall be granted preferential tariff treatment if they are imported into the importing Party or declared to the customs authority of the importing Party on or after the date of entry into force of this Agreement, provided that all requirements of Article 24 of these Rules have been met.
ANNEX TO THE RULES OF ORIGIN CERTIFICATE OF ORIGIN
1. Exporter (business name, address and country)
4. No.
EAEU-MONGOLIA Interim Trade Agreement Certificate of Origin Form EAM
2. Importer/Consignee (business name, address and country)
Issued in (country)
For submission to (country)
3. Means of transport and route (as far as known)
5. For official use
6. Item No. 7. Number and kind of packages 8. Description of goods 9. Origin criterion 10. Quantity of goods 11. Number and date of invoice
12. Certification
It is hereby certified, on the basis of control carried out, that the declaration by the applicant is correct.
13. Declaration by the applicant
The undersigned hereby declares that the above details are correct, that all goods were produced in
(country)
and that they comply with the rules of origin as provided for in Annex 3 (Rules of Origin) to the EAEU-Mongolia Interim Trade Agreement
Place Date Signature Stamp
Place Date Signature Stamp
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Additional Sheet of Certificate of Origin (Form EAM) No. ___
6. Item No. 7. Number and kind of packages 8. Description of goods 9. Origin criterion 10. Quantity of goods 11. Number and date of invoice
12. Certification
It is hereby certified, on the basis of control carried out, that the declaration by the applicant is correct.
13. Declaration by the applicant
The undersigned hereby declares that the above details are correct, that all goods were produced in
(country)
and that they comply with the rules of origin as provided for in Annex 3 (Rules of Origin) to the EAEU-Mongolia Interim Trade Agreement
Place Date Signature Stamp Place Date Signature Stamp
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Instructions for Completing Certificate of Origin (Form EAM)
The Certificate of Origin (Form EAM) and its additional sheets, which are used if the information on the goods cannot be indicated on one page, must be on ISO A4 size colour paper in conformity with the specimen shown in this Annex.
Unused spaces in boxes 6-11 shall be crossed out to prevent any subsequent addition, unless the Certificate of Origin is issued in electronic format only, as provided for in paragraph 3 of Article 28 of Annex 3 to this Agreement.
The Certificate of Origin shall:
a) be made in conformity with the template set out in this Annex;
b) be completed in the English language;
c) contain the minimum data required in boxes 1, 2, 4, 7, 8, 9, 10, 11, 12, 13.
The Certificate of Origin may also contain additional data, including information to enable interested person to verify it through the web-database referred to in Article 28 of Annex 3 to this Agreement (such as URL link, QR code, etc.).
Box 1: Enter details of the exporter of the goods: business name, address and country.
Box 2: Enter details of the importer (obligatory) and consignee (if known): business name, address and country.
Box 3: Enter details of transportation, as far as known, such as departure (shipment) date; means of transport (vessel, aircraft, etc.); place (port, airport) of discharge.
Box 4: Enter details of unique reference number, issuing country and country to be submitted to.
Box 5: Enter the words:
"DUPLICATE OF THE CERTIFICATE OF ORIGIN NUMBER___DATE___" in case of issuance of duplicate of the original Certificate of Origin.
"ISSUED IN SUBSTITUTION FOR THE CERTIFICATE OF ORIGIN NUMBER___DATE___" in case of substitution of Certificate of Origin.
"ISSUED ON THE BASIS OF THE CERTIFICATE(S) OF ORIGIN NUMBER(S)___DATE(S)___" in case of transportation of originating goods between the Parties which have not undergone any working or processing.
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"ISSUED RETROACTIVELY" or "ISSUED RETROSPECTIVELY" in case of issuance of Certificate of Origin after the time of exportation.
Box 6: Enter the item number.
Box 7: Enter the number and kind of packages.
Box 8: Enter the detailed description of goods including HS 6-digit code and, if applicable, model and brand name in such a way as to enable them to be identified. If the goods covered by the Certificate of Origin originate in different Parties, the origin of each item shall be indicated (the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation or Mongolia).
Box 9: Enter the origin criteria for all goods in the manner shown in the following table:
Origin criterion | Insert in Box 9 Goods wholly obtained or produced in the Party as provided for in Article 4 of Annex 3 to this Agreement | WO Goods produced in the Party exclusively from materials originating in one or more Parties | PE Goods produced in the Party using non-originating materials provided that value of such materials does not exceed fifty (50) percent of the FCA value of the goods | NOM Goods produced in the Party using non-originating materials provided that such materials have undergone at least a change in tariff heading level of the Harmonized System | CTH
Box 10: Enter the quantity of goods: gross weight (kg) or other measurement (pcs, liters etc.).
Box 11: Enter the invoice number(s) and date(s) of invoice(s) submitted to an authorised body for the issuing of the Certificate of Origin.
In cases where invoices are issued by a non-Party, the words "TCF" together with the following information shall be indicated:
a) invoice number(s) and date(s) (if such information is available at the time of issuance of the Certificate of Origin); or
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b) name of the non-Party and (or) person that will issue the invoice.
Nevertheless, where the origin of the goods is not in doubt, the absence of the "TCI" related information provided for in this Box shall not in itself constitute a reason for denial of preferential tariff treatment.
Box 12: Enter the place and date of issuance of the Certificate of Origin signature of an authorised signatory and seal of the authorised body. However, signature of the authorised signatory and seal of the authorised body may not be indicated in this box, if the Certificate of Origin is issued in electronic format only, as provided for in paragraph 3 of Article 28 of Annex 3 to this Agreement.
Box 13: Enter the origin of goods (the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation or Mongolia), place and date of declaration, signature and seal of the applicant. However, signature and seal of the applicant may not be indicated in this box, if the Certificate of Origin is issued in electronic format only, as provided for in paragraph 3 of Article 28 of Annex 3 to this Agreement. If the goods covered by the Certificate of Origin originate in different Parties, the words «See box 8» shall be indicated.
For the purposes of the Certificate of Origin (Form EAM), "the EAEU-Mongolia Interim Trade Agreement" means the Interim Trade Agreement between the Eurasian Economic Union and its Member States, of the one part, and Mongolia, of the other part.
ANNEX 4 DISPUTE SETTLEMENT
Article 1 Objectives
The objective of this Annex is to provide for an effective, efficient and transparent mechanism for the settlement of disputes arising under this Agreement with a view to arriving at, where possible, a mutually agreed solution.
Article 2 Definitions
For the purposes of this Annex: (a) "Arbitral Panel" means an Arbitral Panel established pursuant to Article 8 of this Annex; (b) "disputing Parties" means both the complaining Party and the Party complained against. The Member States of the Eurasian Economic Union and the Eurasian Economic Union may act jointly or individually as a disputing Party. In the latter case if a measure is taken by a Member State of the Eurasian Economic Union, such Member State of the Eurasian Economic Union shall be a disputing Party, and if a measure is taken by the Eurasian Economic Union, it shall be a disputing Party; (c) "complaining Party" means a Party making a claim; (d) "Party complained against" means a Party against which a claim is made; (e) "arbitrator" means a member of an Arbitral Panel established under Article 8 of this Annex; (f) "Chair" means the arbitrator who serves as the Chair of the Arbitral Panel; (g) "assistant" means a person who, under the terms of appointment of an arbitrator, conducts, researches or provides assistance to the arbitrator; (h) "days" means calendar days, including weekends and holidays.
Article 3 Scope of Application
Unless this Agreement provides otherwise the provisions of this Annex shall apply to any disputes between the Parties arising from interpretation and/or application of the provisions of this Agreement whenever a Party considers that a measure of the other Party is inconsistent with an obligation under the provisions of this Agreement or the other Party has failed to carry out its obligations under this Agreement.
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Article 4 Information Exchange
The distribution among the Member States of the Eurasian Economic Union and the Eurasian Economic Union of any procedural document relating to any dispute arising under this Agreement shall not be viewed as a violation of the provisions on confidentiality under this Agreement and/or the WTO Agreement.
Article 5 Consultations
1. The disputing Parties shall make every attempt to settle any dispute with respect to any matter referred to in Article 3 of this Annex through consultations in order to reach a mutually agreed solution.
2. A request for consultations shall be submitted in writing to the Party complained against through its contact point designated in accordance with Article 27 (Contact Points) of this Agreement and shall give the reasons for the request, including identification of any measure or other matter at issue and an indication of the factual and legal basis for the complaint. The Joint Committee should be informed on the submission of such a request.
3. If a request for consultations has been submitted in accordance with paragraph 2 of this Article, the Party complained against shall promptly reply to the request in writing within ten (10) days from the date of its receipt and shall enter into consultations with the complaining Party in good faith within thirty (30) days from the date of receipt of the request in order to reach a mutually acceptable solution.
4. Consultations in cases of urgency, including those regarding perishable goods, shall be held within fifteen (15) days from the date of receipt of the request.
5. Periods of time specified in paragraphs 3 and 4 of this Article may be changed by agreement of the disputing Parties.
6. During consultations each disputing Party shall provide sufficient factual information so as to allow a complete examination of the manner in which the measure in force or proposed, or any other issue, could affect the operation and application of this Agreement.
7. The consultations, in particular all information disclosed and positions taken by the disputing Parties during these proceedings, shall be confidential and without prejudice to the rights of either disputing Party in any further proceeding. The disputing Parties shall treat any confidential or proprietary information
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exchanged in the course of consultations on the same basis as the Party providing the information.
8. During consultations under this Article, each disputing Party shall ensure the participation of personnel of their competent governmental authorities or other regulatory bodies with the relevant knowledge/expertise in the matter subject to the consultations.
9. Consultations shall take place, unless the disputing Parties agree otherwise, on the territory of the Party complained against. Upon agreement of the disputing Parties, the consultations may take place by any technological means available.
Article 6 Good Offices, Conciliation or Mediation
1. The Parties may at any stage of any dispute settlement procedure under this Annex have recourse to good offices, conciliation or mediation. Good offices, conciliation or mediation may begin at any time and be suspended or terminated by either Party at any time.
2. Proceedings involving good offices, conciliation and mediation, and in particular positions taken by the disputing Parties during those proceedings, shall be confidential and without prejudice to the rights of either disputing Party in any further proceeding.
Article 7 Request for Establishment of an Arbitral Panel
1. The complaining Party that made a request for consultations under Article 5 of this Annex or mediation as provided for in Article 6 of this Annex may request in writing the establishment of an Arbitral Panel if:
(a) the Party complained against does not comply with the periods of time in accordance with paragraph 3 or 4 of Article 5 of this Annex;
(b) the disputing Parties jointly consider that consultations under Article 5 of this Annex have failed to settle the dispute within seventy five (75) days or in cases of urgency, including those regarding perishable goods within thirty (30) days, from the date of receipt of the request for consultations referred to in paragraph 3 of Article 5 of this Annex; or
(c) the Party complained against fails to comply with the mutually agreed solution elaborated during consultations under Article 5 of this Annex.
2. The request for the establishment of an Arbitral Panel shall be made in writing to the Party complained against through its contact point designated in accordance
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with Article 27 (Contact Points) of this Agreement and the Joint Committee should be informed on the submission of such a request. The complaining Party shall identify in its request the specific measure at issue and explain how such measure constitutes a breach of the covered provisions in a manner sufficient to present the factual and legal basis for the complaint clearly. The Party complained against shall immediately acknowledge receipt of the request by way of notification to the complaining Party indicating the date on which the request was received and the Joint Committee should be informed on the receipt of such a request.
3. Unless the disputing Parties agree otherwise within twenty (20) days from the date of receipt of the request for the establishment of an Arbitral Panel, the terms of reference of an Arbitral Panel shall be:
"To examine, in the light of the relevant provisions of the Interim Trade Agreement between the Eurasian Economic Union and its Member States, of the one part, and Mongolia, of the other part, the matter referred to in the request for the establishment of an Arbitral Panel pursuant to Article 7 of Annex 4 to this Agreement, to rule on the conformity of the measure in question with the provisions referred to in Article 3 of Annex 4 to this Agreement and to make findings of facts, the applicability of relevant provisions and the basic rationale for any findings and recommendations and to deliver a report in accordance with Article 12 of Annex 4 to this Agreement".
If the disputing Parties agree on other terms of reference of an Arbitral Panel, they shall notify the agreed terms of reference to an Arbitral Panel within the time period set out in this paragraph.
4. In cases of urgency, including those concerning perishable goods, the disputing Parties shall make every effort to accelerate the establishment of an Arbitral Panel to the greatest extent possible.
Article 8 Composition and Establishment of an Arbitral Panel
1. An Arbitral Panel shall consist of three (3) arbitrators.
2. Within sixty (60) days from the receipt of the request to establish an Arbitral Panel by the Party complained against each disputing Party shall appoint an arbitrator.
All arbitrators shall: (a) have expertise and/or experience in law, international trade, other matters covered by this Agreement, or the resolution of disputes arising under international trade agreements;
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(b) be chosen strictly on the basis of objectivity, impartiality, reliability and sound judgment; (c) be independent of, and not be affiliated with or take instructions from any disputing Party; (d) serve in their individual capacities and not take instructions from any organisation or government, or be affiliated with the government of any of the disputing Parties; (e) disclose to the disputing Parties any information which may give rise to justifiable doubts as to their independence or impartiality inter alia direct or indirect conflicts of interest in respect of the matter at hand; (f) be nationals of states having diplomatic relations both with Mongolia and the Member States of the Eurasian Economic Union; and (g) not have dealt with the dispute previously in any capacity, including in accordance with Article 6 of this Annex.
3. Within fifteen (15) days of the appointment of the second arbitrator, the appointed arbitrators shall choose by mutual agreement the Chair of an Arbitral Panel who shall not fall under any of the following disqualifying criteria: (a) being a national of a Member State of the Eurasian Economic Union or Mongolia; or (b) having permanent place of residence in the territory of a Member State of the Eurasian Economic Union or Mongolia.
4. If the necessary appointments have not been made within the periods of time specified in paragraph 2 of this Article, either disputing Party may, unless otherwise agreed by the disputing Parties, invite the President of the International Court of Justice (hereinafter referred to as "ICJ") to be the appointing authority. In case the President of the ICJ is a national of a Member State of the Eurasian Economic Union or Mongolia or is incapable to realize this appointing function, the Vice-President of the ICJ or the officer next in seniority who is not a national of a Member State of the Eurasian Economic Union or Mongolia and who is capable to realize this appointing function shall be requested to make the necessary appointments.
5. If an arbitrator appointed under this Article during dispute settlement procedures, resigns or becomes unable to act, a successor arbitrator shall be appointed within fifteen (15) days in accordance with the procedure prescribed for in paragraph 2 of this Article and the successor shall have all the powers and duties of the original arbitrator. Any period of time applicable to the proceeding shall be suspended beginning on the date when the arbitrator resigns or becomes unable to act and ending on the date when a replacement is selected.
6. The date of establishment of the Arbitral Panel shall be the date on which the Chair of the Arbitral Panel accepted the appointment.
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Article 9 Functions of an Arbitral Panel
1. The function of an Arbitral Panel established pursuant to Article 8 of this Annex shall be the following:
(a) to make an objective assessment of the matter before it, including an objective examination of the facts of the case, the applicability of the provisions of this Agreement cited by the disputing Parties and whether the Party complained against has failed to carry out its obligations under this Agreement;
(b) to set out, in its decisions and reports, the findings of facts, the basic rationale behind any findings and rulings necessary for the resolution of the dispute referred to it as it deems appropriate;
(c) to consult the disputing Parties regularly and provide adequate opportunities for the development of a mutually agreed solution to the dispute;
(d) to determine at the request of a disputing Party the conformity of any implementing measures and/or relevant suspension of benefits with its final report.
2. An Arbitral Panel established under this Annex shall interpret the provisions of this Agreement in accordance with customary rules of interpretation of public international law. The reports and rulings of the Arbitration Panel cannot add to or diminish the rights and obligations of the Parties provided in the provisions referred to in this Agreement.
Article 10 Proceedings of an Arbitral Panel
1. An Arbitral Panel proceedings shall be conducted in accordance with the provisions of this Article.
2. Subject to paragraph 1 of this Article, an Arbitral Panel shall regulate its own rules, and procedures in relation to the rights of the disputing Parties to be heard and its deliberations, in consultation with the disputing Parties. On the request of the disputing Parties or on its own initiative an Arbitral Panel may, after consultation with the disputing Parties, adopt additional rules and procedures which do not conflict with the provisions of this Article.
3. After consulting with the disputing Parties, an Arbitral Panel shall within ten (10) days after its establishment fix the timetable for an Arbitral Panel proceedings. In cases of urgency, including those involving perishable goods that rapidly lose their trade value, an Arbitral Panel and the Parties shall make every
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effort to accelerate the proceedings to the greatest extent possible. The timetable shall include precise deadlines for written submissions by the disputing Parties. Modifications to such timetable may be made by an Arbitral Panel in consultation with the disputing Parties.
4. Upon request of a disputing Party or on its own initiative, an Arbitral Panel may, at its discretion, seek information and/or advice on any scientific or technical matter from any person or body which it deems appropriate. Before an Arbitral Panel seeks such information and/or advice, it shall inform the disputing Parties. Any information and/or advice so obtained shall be submitted to the disputing Parties for comment. Where an Arbitral Panel takes the information and/or advice into account in the preparation of its report, it shall also take into account any comment by the disputing Parties on the information and/or advice. The information and/or advice shall be non-binding.
5. An Arbitral Panel shall make every effort to draft its procedural decisions, findings and rulings by consensus, provided that where an Arbitral Panel is unable to reach consensus such procedural decisions, findings and rulings may be made by majority vote. An Arbitral Panel shall indicate the different opinions of the arbitrators on matters not unanimously agreed in its report not disclosing which arbitrators are associated with majority or minority opinions.
6. The hearings of an Arbitral Panel shall be closed to the public, unless the disputing Parties agree otherwise.
7. The disputing Parties shall be given the opportunity to attend any of the presentations, statements or rebuttals in the proceedings. Any information provided or written submission made by a disputing Party to an Arbitral Panel, including any comment on the descriptive part of the initial report and response to the questions put by an Arbitral Panel, shall be made available to the other disputing Party.
8. The deliberations of an Arbitral Panel and the documents submitted to it shall be kept confidential. For its internal deliberations, an Arbitral Panel shall meet in closed session where only arbitrators take part. An Arbitral Panel may also permit its assistants to be present at its deliberations. The disputing Parties shall be present at the meetings only when invited by an Arbitral Panel to appear before it.
9. Nothing in this Annex shall preclude a disputing Party from disclosing statements of its own positions to the public. A disputing Party shall treat as confidential information submitted by the other disputing Party to an Arbitral Panel which that other disputing Party has designated as confidential. A disputing Party shall also, upon request of a Party, provide a non-confidential summary
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of the information contained in its written submissions that could be disclosed to the public.
10. The venue for hearings shall be decided by mutual agreement of the disputing Parties. If there is no agreement, the venue shall alternate between the capitals of the disputing Parties with the first hearing to be held in the capital of the Party complained against. If the Eurasian Economic Union acts as a disputing Party in accordance with the provisions of this Annex, the respective alternate hearings shall be held in Moscow, Russian Federation.
Article 11 Suspension and Termination of Proceedings
1. The Arbitral Panel shall, upon the joint request of the disputing Parties, suspend its work at any time for a period not exceeding twelve (12) consecutive months from the date of receipt of such joint request. In such event, the disputing Parties shall jointly notify, in writing, the Chair of the Arbitral Panel and the Joint Committee shall be informed on such notification. Within this period, either disputing Party may authorize the Arbitral Panel to resume its work by notifying, in writing, the Chair of the Arbitral Panel and the other disputing Party. If the work of the Arbitral Panel has been continuously suspended for more than twelve (12) months, the authority for the establishment of the Arbitral Panel shall lapse (and the dispute settlement procedure shall be terminated) unless the disputing Parties otherwise agree. In the event of a suspension of the work of the Arbitral Panel, the relevant time periods under this Annex shall be extended by the same period of time for which the work of the Arbitral Panel was suspended.
2. The Arbitral Panel proceedings shall be terminated upon the joint request of the disputing Parties at any time before the issuance of the final report of the Arbitration Panel. In such event, the disputing Parties shall jointly notify the Chair of the Arbitral Panel and the Joint Committee shall be informed on such notification.
Article 12 Reports of the Arbitral Panel
1. The reports of the Arbitral Panel shall be drafted without the presence of the disputing Parties and shall be based on the relevant provisions of this Agreement, the submissions and arguments of the disputing Parties and any information and/or advice provided to it in accordance with paragraph 4 of Article 10 of this Annex.
2. The Arbitral Panel shall issue its initial report within ninety (90) days, or sixty (60) days in cases of urgency, including those concerning perishable goods,
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from the date of establishment of the Arbitral Panel. The initial report shall contain, inter alia, both the descriptive sections and the Arbitral Panel's findings of facts, the applicability of the relevant provisions, the basic rationale behind any findings, recommendations that it makes and conclusions.
3. In exceptional circumstances, if the Arbitral Panel considers it cannot issue its initial report within the periods of time specified in paragraph 2 of this Article, the Chair of the Arbitral Panel shall notify, in writing, the disputing Parties of the reasons for the delay together with an estimate of the period within which it will issue its initial report and the Joint Committee shall be informed on such notification. Any delay shall not exceed a further period of thirty (30) days unless the disputing Parties agree otherwise.
4. Any disputing Party may submit written comment on the initial report to the Arbitral Panel within fifteen (15) days of its receipt unless the disputing Parties agree otherwise. Such written comment may be subject for comments of the other disputing Party that shall be provided within six (6) days of its receipt. If no comments are received from any disputing Party within the comment period, the interim report shall be considered as the final report.
5. After considering any written comment submitted by the disputing Parties on the initial report and making any further examination, the Arbitral Panel shall present to the disputing Parties its final report containing a ruling on the dispute and an original award within thirty (30) days of issuance of the initial report, unless the disputing Parties agree otherwise. In cases of urgency, including those involving perishable goods, the Arbitral Panel shall make every effort to present its final report within fifteen (15) days of issuance of the initial report, unless the disputing Parties agree otherwise.
6. When the Arbitral Panel considers that this deadline cannot be met, the Chair of the Arbitral Panel shall notify the disputing Parties in writing, stating the reasons for the delay and the date on which the Arbitral Panel plans to deliver its final report. The Arbitral Panel shall, under no circumstances, deliver its final report later than one hundred fifty (150) days or eighty (80) days in cases of urgency, including those concerning perishable goods, from the date of establishment of the Arbitral Panel.
7. If in its final report, the Arbitral Panel finds that a measure of Party complained against does not conform with this Agreement, it shall include in its findings and ruling a recommendation to remove the non-conformity.
8. The disputing Parties shall publicly release the final report of the Arbitral Panel within fifteen (15) days from the date of its receipt, subject to the protection of confidential information, unless any disputing Party objects. In this case the final report shall still be released for all Parties to this Agreement seven (7) days after the report is presented to the disputing Parties.
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9. The decisions and reports of the Arbitral Panel shall be accepted unconditionally by the Parties. They shall not create any rights or obligations with respect to natural or legal persons. The ruling of the Arbitral Panel is without appeal.
Article 13 Request for Clarifications
1. Within ten (10) days after the date of receipt of the final report, a disputing Party may submit a written request to the Arbitral Panel for clarification of any determinations or recommendations in the final report that the disputing Party considers ambiguous. The Arbitral Panel shall respond to the request within ten (10) days after the date of receipt of such request.
2. The submission of a request pursuant to paragraph 1 of this Article shall not affect the time periods referred to in Article 14 and Article 17 of this Annex unless the Arbitral Panel decides otherwise.
Article 14 Implementation of the Ruling
1. The disputing Parties shall take all necessary measures to comply with the ruling of the Arbitral Panel without undue delay.
2. Within thirty (30) days from the receipt of the final report of the Arbitral Panel, the Party complained against shall notify the complaining Party of the following: (a) the measures it intends to implement in order to comply with obligation stipulated in paragraph 1 of this Article; and (b) the period of time required to comply with the final ruling of the Arbitral Panel.
The Joint Committee shall be informed on such notification.
Article 15 Reasonable Period of Time
1. If immediate compliance with the ruling of the Arbitral Panel is not possible, the disputing Parties shall endeavor to mutually agree on the length of the reasonable period of time to comply with the final report of the Arbitral Panel.
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2. In case of disagreements between the disputing Parties on the proposed period of time for compliance pursuant to paragraph 2 (b) of Article 14 of this Annex, either disputing Party may request in writing the original Arbitral Panel to determine the length of the reasonable time period to comply with the ruling. Such request shall be notified simultaneously to the other disputing Party and the Joint Committee shall be informed on such request. The Arbitral Panel shall deliver its decision containing a determination of the reasonable period of time and the reasons for such determination to the disputing Parties within thirty (30) days from the date of receipt of the request.
3. When the Arbitral Panel considers that it cannot determine the reasonable period of time within the timeframe set in paragraph 2 of this Article, it shall inform the disputing Parties in writing of the reasons for the delay together with an estimate of the period within which it will issue its decision. Any delay shall not exceed a further period of thirty (30) days unless the disputing Parties agree otherwise.
4. The disputing Parties may at all times continue to seek mutually satisfactory resolution on the implementation of the final report of the Arbitral Panel.
5. The Party complained against shall notify the complaining Party in writing of any measure adopted to put an end to the non-compliance of its obligations under this Agreement and to comply with the Arbitral Panel ruling at least thirty (30) days before the expiry of the reasonable period of time. The Joint Committee shall be informed on such notification.
6. The disputing Parties may agree to extend the reasonable period of time.
Article 16 Compliance Review
1. In the event that there is a disagreement between the disputing Parties concerning consistency of any measure taken to comply with the final report of the Arbitral Panel where practicable immediately or within the reasonable period of time as determined pursuant to Article 15 of this Annex the complaining Party may request in writing the original Arbitral Panel to rule on the matter.
2. The request to the Arbitral Panel under paragraph 1 of this Article may only be made after the earlier of: (a) the expiry of the reasonable period of time as determined under Article 15 of this Annex; or (b) a notification to the complaining Party by the Party complained against that it has complied with the obligation under paragraph 1 of Article 14 of this Annex, including a description of how the Party complained against has complied with such obligation.
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The request shall identify any measure at issue and shall explain how that measure constitutes a breach of the covered provisions in a manner sufficient to present the legal basis for the complaint clearly.
3. The Arbitral Panel shall make an objective assessment of the matter before it, including an objective assessment of: (a) the factual aspects of any implementation action taken by the Party complained against; and (b) whether the Party complained against has complied with the obligation under paragraph 1 of Article 14 of this Annex.
4. The Arbitral Panel shall deliver its decision to the disputing Parties within thirty (30) days of the date of receipt of the request under paragraph 1 of this Article. The report shall contain the determination of the Arbitral Panel and the reasons for its determination.
5. When the Arbitral Panel considers that it cannot provide its report within time frame specified in paragraph 4 of this Article, it shall inform the disputing Parties in writing of the reasons for the delay together with an estimate of the period within which it will submit its report. Any delay shall not exceed a further period of thirty (30) days unless the disputing Parties agree otherwise.
6. In the event that any arbitrator of the original Arbitral Panel is no longer available, the procedures set out in Article 8 of this Annex shall apply.
Article 17 Temporary Remedies in Case of Non-Compliance
1. If the Party complained against does not comply with the ruling of the Arbitral Panel where practicable immediately or within the reasonable period of time determined pursuant to Article 15 of this Annex or: (a) fails to deliver a notification of any measure taken to comply within the deadline referred to in Article 14 of this Annex or before the date of expiry of the reasonable period of time; (b) notifies the complaining Party that it does not intend to comply with the ruling of the Arbitral Panel; and/or (c) if the original Arbitral Panel determines that the Party complained against did not comply with the ruling of the Arbitral Panel in accordance with Article 14 of this Annex
the Party complained against shall, if so requested by the complaining Party, enter into consultations with a view to agreeing on a mutually acceptable temporary compensation. If no such agreement has been reached within twenty (20) days
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from the receipt of the request, the complaining Party shall be entitled, upon written notification to the Party complained against, to suspend concessions or other benefits granted under this Agreement in respect of the Party complained against but only equivalent to those affected by the measure that the Arbitral Panel has found not to be in conformity with this Agreement. Such notification shall be made at least thirty (30) days before the date on which the suspension is due to take effect. The Joint Committee shall be informed of such notification.
2. In considering which benefits to suspend, the complaining Party should first seek to suspend concessions or other obligations granted under this Agreement in the same sector or sectors as that affected by the measure that the Arbitral Panel has found not to be in conformity with this Agreement. If the complaining Party considers that it is not practicable or effective to suspend concessions or other obligations granted under this Agreement in the same sector or sectors it may suspend concessions or other obligations granted under this Agreement in other sectors.
3. Within fifteen (15) days from the receipt of such notification, the Party complaint against may request the original Arbitral Panel to rule on whether the concessions or other benefits granted under this Agreement which the complaining Party intends to suspend are equivalent to those affected by the measure found not to be in conformity with this Agreement, and whether the proposed suspension is in accordance with paragraphs 1 and 2 of this Article. The ruling of the Arbitral Panel shall be given within thirty (30) days from the receipt of such request and shall be accepted unconditionally by the Parties. Benefits shall not be suspended until the Arbitral Panel has issued its ruling.
4. The suspension of the concessions or other obligations granted under this Agreement shall be temporary and be applied by the complaining Party, only until: (a) any measure taken to comply which the final report of the Arbitral Panel has found to be inconsistent with the covered provisions has been withdrawn or amended so as to bring the Party complained against into conformity with those provisions; (b) the Arbitral Panel decides that the compliance measure is compatible with the award and with the provisions of this Agreement; or (c) the Parties have otherwise settled the dispute or reached mutually agreed solution.
5. Upon request of a disputing Party, the original Arbitral Panel shall rule on the conformity with its final report of any implementing measure adopted after the suspension of concessions or other obligations granted under this Agreement and, in light of such rulings, whether the suspension of benefits should be terminated
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or modified. The rulings of the Arbitral Panel shall be made within thirty (30) days from the date of the receipt of such request.
Article 18 General Provisions
All notifications, requests and replies made pursuant to this Annex shall be in writing.
Article 19 Mutually Agreed Solution
1. The disputing Parties may reach a mutually agreed solution at any time with respect to any dispute referred to in Article 3 of this Annex.
2. If a mutually agreed solution is reached during the Arbitral Panel or mediation procedure, the disputing Parties shall jointly notify that solution Chair of the Arbitral Panel or the mediator, respectively and the Joint Committee shall be informed on such notification. Upon such notification, the Arbitral Panel or the mediation procedure shall be terminated.
3. Each Party shall take measures necessary to implement the mutually agreed solution within the agreed time period.
4. No later than at the expiry of the agreed time period the implementing Party shall inform the other Party, in writing, of any measure that it has taken to implement the mutually agreed solution.
Article 20 Time Limits
All time limits laid down in this Annex, shall be counted in calendar days, from the day (when a notice, notification, communication or proposal is received) following the act or fact to which they refer unless otherwise specified. If the last day of such period is an official holiday or a non-work day in the Party of the addressee, the period is extended until the first work day which follows. Official holidays or non-work days occurring during the running of the period of time are included in calculating the period.
Any time limit referred to in this Annex may be modified by mutual agreement of the disputing Parties.
The Arbitral Panel may at any time propose to the disputing Parties to modify any time limit referred to in this Annex, stating the reasons for the proposal.
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Article 21 Remuneration and Expenses
1. Unless the disputing Parties agree otherwise: (a) each disputing Party shall bear the costs of its appointed arbitrator, its own expenses and legal costs derived from the participation in the Arbitral Panel or mediation procedure; and (b) the costs of the Chair of the Arbitral Panel, the mediator and other expenses associated with the conduct of the Arbitral Panel proceedings shall be borne in equal parts by the disputing Parties.
2. Upon request of a disputing Party, the Arbitral Panel may decide on the expenses referred to in subparagraph (b) of paragraph 1 of this Article taking into account the particular circumstances of the case.
Article 22 Language
1. All proceedings pursuant to this Annex shall be conducted in the English language.
2. Any documents submitted for use in the proceedings pursuant to this Annex shall be in the English language. If any original document is not in the English language, the disputing Party submitting it shall provide an English language translation of such document.
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