Canada-Israel Free Trade Agreement

CHAPTER SEVENTEEN
TRANSPARENCY

Section A – Publication, Notification and Administration of Laws

Article 17.1: Publication

1. Each Party shall ensure that any law, regulation, procedure and administrative ruling of general application respecting a matter covered by this Agreement is promptly published or made available in a manner that enables any interested person and the other Party to become acquainted with it.

2. To the extent required by its law, each Party shall:

• (a) publish in advance a measure that it proposes to adopt; and
• (b) provide any interested person and the other Party a reasonable opportunity to comment on these proposed measures.

Article 17.2: Notification and Provision of Information

1. To the maximum extent possible, a Party shall notify the other Party of a proposed measure or an amendment to an existing measure, that the Party considers might materially affect the operation of this Agreement or substantially affect the other Party’s interests under this Agreement.

2. Upon request of the other Party, a Party shall promptly provide information and respond to questions pertaining to an existing or proposed measure, even if the Party was previously notified of that measure.

3. A notification or information provided pursuant to this Article is without prejudice as to whether the measure is consistent with this Agreement.

Article 17.3: Administrative Proceedings

In order to ensure that a measure of general application affecting a matter covered by this Agreement is applied in a consistent, impartial and reasonable manner, a Party shall ensure that, in an administrative proceeding involving a specific case, if a measure referred to in Article 17.1 is applied to a particular person or good of the other Party:

• (a) whenever possible, a person of the other Party who is directly affected by a proceeding is given reasonable notice, in accordance with domestic procedures, when that proceeding is initiated, including a description of the nature of the proceeding, a statement of the legal authority under which the proceeding is initiated, and a general description of the issues;
• (b) a person referred to in subparagraph (a) is afforded a reasonable opportunity to present facts and arguments in support of the person’s position prior to a final administrative action when permitted by time, the nature of the proceeding, and the public interest; and
• (c) the administrative proceeding is conducted in accordance with the law of that Party.

Article 17.4: Review and Appeal

1. Each Party shall establish or maintain judicial, quasi-judicial or administrative tribunals or procedures for the prompt review and, if warranted, correction of final administrative actions in matters covered by this Agreement. Each Party shall ensure that its respective tribunals are impartial and independent of the office or authority entrusted with administrative enforcement and do not have a substantial interest in the outcome of the matter.

2. Each Party shall ensure that, in regard to the tribunals or procedures referred to in paragraph 1, a party to the proceeding has the right to:

• (a) a reasonable opportunity to support or defend the party’s position; and
• (b) a reasoned decision based on the evidence and submissions of record or the record compiled by the administrative authority if this is required by the law of the Party.

3. Each Party shall ensure that the decisions described in paragraph 2(b) are implemented by, and govern the practice of, the offices or authorities with respect to the administrative action at issue. If these decisions are subject to appeal or review as provided in the law of that Party, the Party may wait for the conclusion of the appeal or review before ensuring the aforementioned implementation and governance.

Article 17.5: Cooperation to Promote Increased Transparency

The Parties shall cooperate, as appropriate, in bilateral, regional and multilateral forums to promote transparency regarding international trade.

Article 17.6: Definitions

For the purposes of this Section:

administrative ruling of general application means an administrative ruling or interpretation that applies to persons and situations of fact, falling within the general scope of that ruling or interpretation, and establishing a norm of conduct, but does not include:

• (a) a determination or ruling made in an administrative or quasi-judicial proceeding that applies to a particular person or good of the other Party in a specific case; or
• (b) a ruling that adjudicates with respect to a particular act or practice.

Section B – Anti-Corruption

Article 17.7: General

The Parties reaffirm their rights and obligations under the United Nations Convention Against Corruption, done at New York on 31 October 2003 and the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, done at Paris on 21 November 1997.

Article 17.8: Preventing and Combating Corruption and Bribery of Foreign Public Officials

The Parties recognise the importance of preventing and combating corruption and bribery of foreign public officials in international business transactions, especially for the promotion of international trade. The Parties shall cooperate in this field in accordance with their respective law and international obligations.

Article 17.9: Cooperation in International Forums

The Parties shall endeavor to cooperate and coordinate their efforts in relevant international forums to prevent and combat corruption and bribery of foreign public officials in international business transactions. The Parties shall strive to encourage and support appropriate anti-corruption initiatives and activities in relevant international forums.