אירה, דנה והילה שלום רב,

 

בהמשך לבקשתה של אירה, להלן ממצאי הבדיקה שלי בנוגע להסכמי האס"ח של קנדה עם פנמה, ירדן, קולומביה ופרו לגבי הליכי יישוב סכסוכים נפרדים בנושאים של זכויות עובדים (Labour), סביבה, ושקיפות.

 

לנוחיותכן, הממצאים מרוכזים בטבלה להלן, ובנוסף, צירפתי את הסעיפים הרלוואנטיים מכל הסכם.

 

אני לרשותכן לכל שאלה.

 

בברכה,

 

נעמי

 

 

CANADA-PANAMA

Article 22.03: Scope and Coverage

Except for matters arising under Chapters 17 (Environment) and 18 (Labour) and as otherwise provided in this Agreement, the dispute settlement provisions of this Chapter apply with respect to the settlement of disputes between the Parties regarding the interpretation or application of this Agreement or wherever a Party considers that:

(a) an actual or proposed measure of the other Party is or would be inconsistent with one of its obligations under this Agreement;

(b) the other Party has otherwise failed to carry out one of its obligations under this Agreement; or

(c) there is nullification or impairment in the sense of Annex 22.03.

 

LABOUR

CHAPTER EIGHTEEN: LABOUR

Article 18.01: Affirmations

The Parties affirm their obligations as members of the International Labour Organization (ILO) and their commitments to the ILO Declaration on Fundamental Principles and Rights at Work (1998) and its follow-up as well as their continuing respect for each other’s Constitution and laws.

Article 18.02: Objectives

The Parties wish to build on their respective international commitments, strengthen their cooperation on labour matters and in particular to:

(a) improve working conditions and living standards in each Party’s territory;

(b) promote their commitment to the internationally recognized labour principles and rights;

(c) promote compliance with and effective enforcement by each Party of its labour law;

(d) promote social dialogue on labour matters among workers and employers, and their respective organizations, and governments;

(e) pursue cooperative labour-related activities for the Parties` mutual benefit;

(f) strengthen the capacity of each Party’s competent authorities to administer and enforce labour law in its territory; and

(g) foster full and open exchange of information between these competent authorities regarding labour law and its application in each Party’s territory.

Article 18.03: Obligations

In order to further the objectives, the Parties’ mutual obligations are set out in the Agreement on Labour Cooperation between Canada and the Republic of Panama (“Agreement on Labour Cooperation”) addressing, among other things:

(a) general obligations concerning internationally recognized labour principles and rights that are to be embodied in each Party’s domestic labour law;

(b) a commitment not to derogate from domestic labour law in order to encourage trade or investment;

(c) effective enforcement of labour laws through appropriate government action, private rights of action, procedural guarantees, public information and awareness;

(d) institutional mechanisms to oversee the implementation of the Agreement on Labour Cooperation, such as a Ministerial Council, national advisory committees and national offices to receive and review public communications on specified labour law matters and to enable cooperative activities to further the objectives of the Agreement on Labour Cooperation;

(e) general and ministerial consultations regarding the implementation of the Agreement on Labour Cooperation and its obligations; and

(f) independent review panels to hold hearings and make determinations regarding alleged non-compliance with the terms of the Agreement on Labour Cooperation and, if requested, monetary assessments.

Article 18.04: Cooperative Activities

The Parties recognize that labour cooperation plays an important role in advancing the level of compliance with labour principles and rights and as such the Agreement on Labour Cooperation provides for the development of a plan of action for cooperative labour activities to promote the objectives of the Agreement on Labour Cooperation. An indicative list of areas of possible cooperation between the Parties is set out in the Agreement on Labour Cooperation.

 

ENVIRONMENT

Article 1.06: Relation to Environmental and Conservation Agreements

In the event of an inconsistency between an obligation in this Agreement and an obligation of a Party under an agreement listed in Annex 1.06, the latter obligation shall prevail provided that the measure taken is necessary to comply with that obligation, and is not applied in a manner that would constitute, where the same conditions prevail, arbitrary or unjustifiable discrimination or a disguised restriction on international trade.

Article 1.07: Reference to Other Agreements

Where this Agreement refers to or incorporates by reference other agreements or legal instruments in whole or in part, those references include related footnotes, interpretative and explanatory notes. Except where the reference affirms existing rights, such references also include, as the case may be, successor agreements to which the Parties are party or amendments binding on the Parties.

Annex 1.06
Multilateral Environmental Agreements

(a) The Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington on 3 March 1973, as amended on 22 June 1979.

(b) The Montreal Protocol on Substances that Deplete the Ozone Layer, done at Montreal on 16 September 1987, as amended 29 June 1990, as amended 25 November 1992, as amended 17 September 1997, as amended 3 December 1999.

(c) The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, done at Basel on 22 March 1989.

(d) The Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, done at Rotterdam on 10 September 1998.

(e) The Stockholm Convention on Persistent Organic Pollutants, done at Stockholm on 22 May 2001.

Article 9.16: Health, Safety and Environmental Measures

The Parties recognize that it is inappropriate to encourage investment by relaxing domestic health, safety or environmental measures. Accordingly, a Party should not waive or otherwise derogate from, or offer to waive or otherwise derogate from, such measures to encourage the establishment, acquisition, expansion or retention in its territory of an investment of an investor. If a Party considers that the other Party has offered such an encouragement, it may request discussions with the other Party and the two Parties shall enter discussions with a view to avoiding any such encouragement.

Article 9.33: Expert Reports

1. Subject to paragraph 2, a Tribunal may appoint experts to report to it in writing on any factual issue concerning environmental, health, safety or other scientific matters raised by a disputing party, subject to such terms and conditions as the disputing parties may decide.

2. The Tribunal may not exercise the power conferred to it under paragraph 1 if the disputing parties decide that the Tribunal may not do so.

3. Paragraph 1 does not affect the appointment of other kinds of experts where the appointment is authorized by the applicable arbitration rules.

 

CHAPTER SEVENTEEN: ENVIRONMENT

Article 17.01: Affirmations

1. The Parties recognize that each Party has sovereign rights and responsibilities to conserve and protect its environment, and affirm their environmental obligations under their domestic law, as well as their international obligations under multilateral environmental agreements.

2. The Parties recognize the mutual supportiveness between trade and environment policies and the need to implement this Agreement in a manner consistent with environmental protection and conservation and the sustainable use of their resources.

Article 17.02: Agreement on the Environment

In keeping with the spirit of Article 17.01, the Parties have set out their mutual obligations in the Agreement on the Environment to promote the following objectives:

(a) conservation, protection and improvement of the environment in the territory of each Party for the well-being of present and future generations;

(b) a commitment not to derogate from domestic environmental laws in order to encourage trade or investment;

(c) conservation and sustainable use of biological diversity, and protection and preservation of traditional knowledge;

(d) development of, compliance with and enforcement of environmental laws;

(e) transparency and public participation in environmental matters; and

(f) cooperation between the Parties to advance environmental issues of common interest.

Article 17.03: Relationship between this Agreement and the Agreement on the Environment

1. The Parties recognize the importance of balancing trade obligations and environmental obligations, and affirm that the Agreement on the Environment complements this Agreement and that they are mutually supportive.

2. The Commission may consider, as appropriate, reports and recommendations from the Committee on the Environment established under the Agreement on the Environment, in respect of any issues related to trade and the environment.

 

TRANSPARENCY

CHAPTER TWENTY: TRANSPARENCY

Section A – Publication, Notification and Administration of Laws

Article 20.01: Definitions

For purposes of this Section:

administrative ruling of general application means an administrative ruling or interpretation applying 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, 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.

Article 20.02: Publication

1. Each Party shall ensure that its laws, regulations, procedures and administrative rulings of general application respecting a matter covered by this Agreement are promptly published or made available in such a manner as to enable interested persons and the other Party to become acquainted with them.

2. To the extent possible, each Party shall:

(a) publish in advance any such measure that it proposes to adopt; and

(b) provide interested persons and the other Party a reasonable opportunity to comment on these proposed measures.

Article 20.03: Notification and Provision of Information

1. To the maximum extent possible, a Party shall notify the other Party of an existing or proposed 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. On 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. Any notification or information provided under this Article is without prejudice as to whether the measure is consistent with this Agreement.

Article 20.04: Administrative Proceedings

In order to ensure that measures of general application affecting matters covered by this Agreement are applied in a consistent, impartial and reasonable manner, a Party shall ensure that in administrative proceedings involving specific cases, where the measures referred to in Article 20.02 are applied to particular persons, goods or services 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 it 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 their position prior to a final administrative action, when permitted by time, the nature of the proceeding, and the public interest; and

(c) the administrative procedures are in accordance with domestic law.

Article 20.05: Review and Appeal

1. Each Party shall establish or maintain judicial, quasi-judicial or administrative tribunals or procedures for the prompt review and, where 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 the parties to the proceeding are given the following rights in regard to the tribunals or procedures referred to in paragraph 1:

(a) a reasonable opportunity to support or defend their respective positions; and

(b) a decision based on the evidence and submissions of record or the record compiled by the administrative authority where this is required by domestic law.

3. Each Party shall ensure, subject to appeal or review as provided in its domestic law, that such decisions are implemented by, and govern the practice of, the offices or authorities with respect to the administrative action at issue.

Article 20.06: Cooperation to Promote Increased Transparency

The Parties agree to cooperate in bilateral, regional and multilateral fora to promote transparency regarding international trade and investment.

Section B – Anti-Corruption

Article 20.07: Definitions

For purposes of this Section:

foreign public official means a natural person holding a legislative, executive, administrative, or judicial office of a foreign country, whether appointed or elected, and a natural person exercising a public function for a foreign country, including for a public agency or public enterprise;

official of a public international organization means an international civil servant or a natural person who is authorized by such an organization to act on behalf of that organization;

public function means a temporary or permanent, paid or honorary activity, performed by a natural person in the name of a Party or in the service of a Party or its institutions, at any level of its hierarchy; and

public official means a natural person holding a legislative, executive, administrative or judicial office of a Party, whether appointed or elected and whether permanent or temporary.

Article 20.08: Statement of Principles

The Parties affirm their resolve to prevent and combat bribery and corruption in international trade and investment.

Article 20.09: Anti-corruption Measures

1. Each Party shall adopt or maintain legislative or other measures establishing the following as criminal offences in matters of international trade or investment when committed intentionally:

(a) a public official soliciting or accepting, directly or indirectly, undue advantage for the official or another person, in order that the official act or refrain from acting in the exercise of their official duties;

(b) promising, offering or giving, to a public official, directly or indirectly, undue advantage for the official or another person, in order that the official act or refrain from acting in the exercise of their official duties;

(c) promising, offering or giving to a foreign public official or an official of a public international organization, directly or indirectly, an undue advantage for the official or another person, in order that the official act or refrain from acting in the performance of official duties, in order to obtain or retain business or other undue advantage in relation to the conduct of international business; and

(d) aiding, abetting or conspiring to commit an offence described in subparagraphs (a) through (c).

2. Each Party shall adopt such measures as may be necessary to establish its jurisdiction over criminal offences referred to in paragraph 1 that are committed in its territory.

3. The Parties shall ensure that their respective sanctions for offences covered by this Section take into account the gravity of the offence.

4. Each Party shall adopt such measures, as may be necessary, consistent with its legal principles, to establish the liability of enterprises for offences covered by this Section. In particular, each Party shall ensure that enterprises held liable under this Section are subject to effective, proportionate and dissuasive criminal or non-criminal sanctions, including monetary sanctions.

5. Each Party shall consider incorporating in its domestic legal system at the national level appropriate measures to provide protection against unjustified treatment for a person who reports in good faith and on reasonable grounds to the competent authorities facts concerning an offence established in accordance with this Section.

Article 20.10: Cooperation in International Fora

The Parties recognize the importance of regional and multilateral initiatives to prevent and combat bribery and corruption in international trade and investment. The Parties agree to work together to advance efforts in regional and multilateral fora to prevent and combat bribery and corruption in international trade and investment, and to encourage and support appropriate initiatives.

 

 

CANADA-JORDAN

Chapter 14-Dispute Settlement

Article 14-2: Scope of Application

1. Except as provided in paragraphs 3 and 4, the dispute settlement provisions of this Chapter shall apply with respect to the avoidance or settlement of all disputes between the Parties regarding the interpretation or application of this Agreement or wherever a Party considers that:

(a) an actual or proposed measure of the other Party is or would be inconsistent with the obligations of this Agreement;

(b) the other Party has otherwise failed to carry out its obligations under this Agreement; or

(c) any benefit that the Party could reasonably have expected to accrue to it under any provision of Chapters 2 (National Treatment and Market Access for Goods), 3 (Electronic Commerce), 4 (Rules of Origin), 5 (Customs Procedures) or 6 (Trade Facilitation) is being nullified or impaired as a result of the application of any measure of the other Party that is not inconsistent with this Agreement.

2. In any dispute in respect of subparagraph 1(c), a panel established under this Chapter shall take into consideration the jurisprudence interpreting Article XXIII:1(b) of the GATT 1994. A Party may not invoke subparagraph 1(c) with respect to any measure subject to an exception under Article 15-1 nor with respect to any measure subject to the exception under Article 15-5.

3. This Chapter does not apply to any matters arising in relation to any one of the following: Articles 1-3 and 1-4; and Chapters 7 (Sanitary and Phytosanitary Measures), 10 (Environment) and 11 (Labour).

4. Neither Party may request the establishment of an arbitral panel under this Chapter regarding any proposed emergency action pursuant to Chapter 8 (Emergency Action).

 

CHAPTER 10: Environment

Article 10-1: Affirmations

1. The Parties recognize that each Party has sovereign rights and responsibilities to conserve and protect its environment, and affirm their environmental obligations under their domestic law, as well as their international obligations under multilateral environmental agreements.

2. The Parties recognize the mutual supportiveness between trade and environment policies and the need to implement this agreement in a manner consistent with high levels of environmental protection and conservation.

Article 10-2: Agreement on the Environment

The Parties have set out in the Agreement on the Environment mutual obligations, which address, inter alia:

(a) the establishment of high levels of domestic environmental protection through their environmental laws and policies;

(b) the commitment not to derogate from domestic environmental laws to encourage trade or investment;

(c) compliance with and the enforcement of environmental laws;

(d) accountability, transparency and public participation on environmental matters; and

(e) the assessment of the environmental impacts of proposed projects.

Article 10-3: The Relationship between this Agreement and the Agreement on the Environment

1. The Parties recognize the importance of balancing trade obligations and environmental obligations.

2. The Parties affirm that the Agreement on the Environment complements this Agreement and that the two are mutually supportive.

3. The Joint Commission shall consider the reports and recommendations of the Committee on Environment, established under the Agreement on the Environment, in respect of any issues related to trade and the environment.

 

 

CHAPTER 11: Labour

Article 11-1: Affirmations

The Parties reaffirm their obligations as members of the International Labour Organization (ILO) and their commitments to the ILO Declaration on Fundamental Principles and Rights at Work and its follow-up (1998), as well as their continuing respect for each other’s Constitution and laws.

Article 11-2: Objectives

The Parties wish to build on their respective international commitments and to strengthen their cooperation on labour and in particular to:

a) improve working conditions and living standards in each Party's territory;

b) promote their commitment to the internationally recognized labour principles and rights;

c) promote compliance with and effective enforcement by each Party of its labour laws;

d) promote social dialogue on labour matters among workers and employers, and their respective organizations, and governments;

e) pursue cooperative labour-related activities on the basis of mutual benefit;

f) strengthen the capacity of the ministries responsible for labour affairs and other institutions responsible for administering and enforcing labour laws in their territories; and

g) foster full and open exchange of information between these ministries and institutions with regard to labour laws and its application in each Party’s territory.

Article 11-3: Obligations

In order to further these objectives, the Parties’ mutual obligations are set out in the Agreement on Labour Cooperation between Canada and the Hashemite Kingdom of Jordan (LCA) that addresses, inter alia:

a) general commitments, concerning the internationally recognized labour principles and rights that are to be embodied in each Party’s labour laws;

b) a commitment not to derogate from domestic labour laws in order to encourage trade or investment;

c) effective enforcement of labour laws through appropriate government action, private rights of action, procedural guarantees, public information and awareness;

d) institutional mechanisms to oversee the implementation of the LCA through such means as a Ministerial Council, national advisory committees, national offices to receive and review public communications on specified labour law matters and to enable cooperative activities to further the objectives of the LCA;

e) general and ministerial consultations regarding implementation of the LCA and its obligations; and

f) independent review panels to hold hearings and make determinations regarding alleged non-compliance with the terms of the LCA and, if requested, monetary assessments.

Article 11-4: Cooperative Activities

The Parties recognize that labour cooperation plays an important role in advancing the level of compliance with labour principles and rights, and as such the LCA provides for the development of a framework for cooperative labour activities for the promotion of the objectives of the LCA. An indicative list of areas of possible cooperation between the Parties is set out in the LCA.

 

 

CHAPTER 12: Transparency

 Section A - Publication, Notification and Administration of Laws

 Article 12-1: Publication

1. Each Party shall ensure that its laws, regulations, procedures and administrative rulings of general application respecting any matter covered by this Agreement are promptly published or otherwise made available in such a manner as to enable interested persons and the other Party to become acquainted with them.

2. To the extent possible, each Party shall:

(a) publish in advance any such measure that it proposes to adopt; and

(b) provide interested persons and the other Party a reasonable opportunity to comment on such proposed measures.

Article 12-2: Notification and Provision of Information

1. To the maximum extent possible, each Party shall notify the other Party of any proposed or actual measure that the Party considers might materially affect the operation of this Agreement or otherwise substantially affect the other Party's interests under this Agreement.

2. On request of the other Party, a Party shall, to the maximum extent possible, promptly provide information and respond to questions pertaining to any actual or proposed measure, whether or not the other Party has been previously notified of that measure.

3. Any notification or information provided under this Article shall not be determinative without prejudice as to whether the measure is consistent with this Agreement.

Article 12-3: Administrative Proceedings

With a view to administering all measures of general application affecting matters covered by this Agreement in a consistent, impartial and reasonable manner, each Party shall ensure that in its administrative proceedings applying the measures referred to in Article 12-1 (Publication) to particular persons or goods of the other Party in specific cases:

(a) wherever possible, persons of the other Party that are directly affected by a proceeding are provided reasonable notice, in accordance with domestic procedures, when a 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 any issues in dispute;

(b) such persons are afforded a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action, when permitted by time, the nature of the proceeding, and the public interest; and

(c) its procedures are in accordance with domestic law.

Article 12-4: Review and Appeal

1. 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 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 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 offices or authorities with respect to the administrative action at issue.

Article 12-5: Cooperation on Promoting Increased Transparency

The Parties agree to cooperate, to the extent possible, in bilateral, regional and multilateral fora on ways to promote transparency in respect of international trade.

Article 12-6: Definitions

For purposes of this Section:

administrative ruling of general application means an administrative ruling or interpretation 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 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 12-7: Statement of Principles

The Parties affirm their resolve to prevent and combat bribery and corruption in international trade.

Article 12-8: Anti-Corruption Measures

1. The Parties affirm their obligations under the United Nations Convention against Corruption, done at New York, 31 October 2003.

2. Each Party shall adopt or maintain the necessary legislative or other measures to establish, in matters affecting international trade, as criminal offences when committed intentionally:

(a) the solicitation or acceptance by a public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties;

(b) the promise, offering or giving, to a public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties;

(c) the promise, offering or giving to a foreign public official or an official of a public international organization, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in relation to the performance of his or her official duties, in order to obtain or retain business or other undue advantage in relation to the conduct of international business; and

(d) aiding, abetting or conspiring to commit any of the offences described in subparagraphs (a) through (c).

3. Each Party shall adopt such measures as may be necessary to establish its jurisdiction over criminal offences referred to in paragraph 2 that have been committed in its territory.

4. Each Party shall make the commission of an offence covered by this Article liable to sanctions that take into account the gravity of that offence.

5. Each Party shall adopt such measures, as may be necessary, consistent with its legal principles, to establish the liability of legal persons for participation in the offences covered by this Article. In particular, each Party shall ensure that legal persons convicted for offences established in accordance with this article are subject to effective, proportionate and dissuasive criminal or non-criminal sanctions, including monetary sanctions.

6. Each Party shall consider incorporating in its domestic legal system at the national level appropriate measures to provide protection against any unjustified treatment for any person who reports in good faith and on reasonable grounds to the competent authorities any facts concerning offences established in accordance with this Article.

7. Subparagraph 2(c) applies without prejudice to any obligations of each of the Parties as to diplomatic immunity under international law.

Article 12-9: Cooperation in International Fora

1. The Parties recognize the importance of regional and multilateral initiatives to prevent and combat bribery and corruption in international trade.

2. The Parties agree to work together to advance efforts in regional and multilateral fora to prevent and combat bribery and corruption in international trade, including by encouraging and supporting appropriate initiatives.

Article 12-10: Definitions

For purposes of this Section:

(a) foreign public official means any person holding a legislative, executive, administrative, or judicial office of a foreign country, whether appointed or elected, and any person exercising a public function for a foreign country, including for a public agency or public enterprise;

(b) public official means any person holding a legislative, executive, administrative or judicial office of a Party, whether appointed or elected and whether permanent or temporary.

 

 

CANADA-COLOMBIA

Chapter 21-Dispute Settlement

 

Article 2102: Scope of Application

1. Except for any matter arising under Chapters Sixteen (Labour) and Seventeen (Environment) and as otherwise provided in this Agreement, the dispute settlement provisions of this Chapter shall apply with respect to the settlement of all disputes between the Parties regarding the interpretation or application of this Agreement or wherever a Party considers that:

(a) an actual or proposed measure of the other Party is or would be inconsistent with the obligations of this Agreement;

(b) the other Party has otherwise failed to carry out its obligations under this Agreement; or

(c) any benefit that the Party could reasonably have expected to accrue to it under any provision of:

 

(i) Chapters Two (National Treatment and Market Access for Goods), Three (Rules of Origin), Four (Origin Procedures and Trade

Facilitation) Seven (Emergency Action and Trade Remedies) or Fourteen (Government Procurement), or

(ii) Chapter Nine (Cross-Border Trade in Services),

 

is being nullified or impaired as a result of the application of any measure of the other Party that is not inconsistent with this Agreement.

 

2. In any dispute in respect of subparagraph 1(c), a panel established under this Chapter shall take into consideration the jurisprudence interpreting Article XXIII:1(b) of the GATT 1994 and Article XXIII(3) of GATS. A Party may not invoke subparagraph 1(c)(ii) with respect to any measure subject to an exception under Article 2201 (Exceptions - General Exceptions) nor invoke paragraph 1(c) with respect to any measure subject to the exception under Article 2206 (Exceptions - Cultural Industries).

 

 

CHAPTER SIXTEEN- LABOUR

 

Article 1601: Affirmations

The Parties affirm their obligations as members of the International Labour Organization (ILO) and their commitments to the ILO Declaration on Fundamental Principles and Rights at Work (1998) and its Follow-Up as well as their continuing respect for each other’s Constitution and laws.

 

Article 1602: Non-Derogation

The Parties recognize that it is inappropriate to encourage trade or investment by weakening or reducing the protections afforded in domestic labour laws.

 

Article 1603: Objectives

The Parties wish to build on their respective international commitments, strengthen their cooperation on labour and in particular:

(a) improve working conditions and living standards in each Party’s territory;

(b) promote their commitment to the internationally recognized labour principles and rights;

(c) promote compliance with and effective enforcement by each Party of its labour laws;

(d) promote social dialogue on labour matters among workers and employers, their respective workers’ and employers’ organizations, and governments;

(e) pursue cooperative labour-related activities on the basis of mutual benefit;

(f) strengthen the capacity of the ministries responsible for labour affairs and other institutions responsible for administering and enforcing labour laws in their territories; and

(g) foster full and open exchange of information between the Parties in regard to their labour law, its application and institutions in each Party’s territory.

 

Article 1604: Obligations

In order to further the foregoing objectives, the Parties’ mutual obligations are set out in the Labour Cooperation Agreement between Canada and the Republic of Colombia (LCA) that addresses, inter alia:

(a) general commitments concerning the internationally recognized labour principles and rights that are to be embodied in each Party’s labour laws;

(b) a commitment not to derogate from domestic labour laws in order to encourage trade or investment;

(c) effective enforcement of labour laws through appropriate government action, private rights of action, procedural guarantees, public information and awareness;

(d) institutional mechanisms to oversee the implementation of the LCA, such as a Ministerial Council and national Points of Contact to receive and review public communications on specified labour law matters and to enable cooperative activities to further the objectives of the LCA;

(e) general and ministerial consultations regarding the implementation of the LCA and its obligations; and

(f) independent review panels to hold hearings and make determinations regarding alleged non-compliance with the terms of the LCA and, if requested, monetary assessments.

 

Article 1605: Cooperative Activities

The Parties recognize that labour cooperation is an essential element in raising the level of compliance with labour standards and as such the LCA provides for the development of a plan of action for cooperative labour activities for the promotion of the objectives of the LCA. An indicative list of areas of possible cooperation between the Parties is set out in that Agreement.

 

 

CHAPTER SEVENTEEN-ENVIRONMENT

 

Article 1701: Affirmations

1. The Parties recognize that each Party has sovereign rights and responsibilities to conserve and protect its environment and affirm their environmental obligations under their domestic law, as well as their international obligations under multilateral environmental agreements to which they are party.

2. The Parties recognize the mutual supportiveness between trade and environment policies and the need of implementing this Agreement in a manner consistent with environmental protection and conservation and sustainable use of their resources.

 

Article 1702: Non-derogation

Neither Party shall encourage trade or investment by weakening or reducing the levels of protection afforded in their respective environmental laws.

 

Article 1703: Agreement on Environment

In furtherance of these principles, the Parties have set out their mutual obligations in the Agreement on the Environment between Canada and the Republic of Colombia (“Agreement on the Environment”) that addresses, inter alia:

(a) conservation, protection and improvement of the environment in the territory of each Party for the well being of present and future generations;

(b) a commitment not to derogate from domestic environmental laws in order to encourage trade or investment;

(c) conservation and sustainable use of biological diversity and protection and preservation of traditional knowledge;

(d) development of, compliance with and enforcement of environmental laws;

(e) transparency and public participation on environmental matters; and

(f) cooperation between the Parties on the advancement of environmental issues of common interest.

 

Article 1704: Relationship between this Agreement and the Agreement on the

Environment

1. The Parties recognize the importance of balancing trade obligations and environmental obligations, and affirm that the Agreement on the Environment complements this Agreement, and that the two are mutually supportive.

2. The Commission shall consider, as appropriate, reports and recommendations from the Committee on Environment established under the Agreement on Environment, in respect of any trade and environment-related issues.

 

 

 

CHAPTER NINETEEN-TRANSPARENCY

 

Section A - Transparency

Article 1901: Publication

1. Each Party shall ensure that its laws, regulations, procedures and administrative rulings of general application respecting any matter covered by this Agreement are promptly published or otherwise made available in such a manner as to enable interested persons and the other Party to become acquainted with them.

2. To the extent possible, each Party shall:

(a) publish in advance any such measure that it proposes to adopt; and

(b) provide interested persons and the other Party a reasonable opportunity to comment on such proposed measures.

 

Article 1902: Notification and Provision of Information

1. To the maximum extent possible, each Party shall notify the other Party of any proposed or actual measure that the Party considers might materially affect the operation of this Agreement or otherwise substantially affect the other Party’s interests under this

Agreement.

2. On request of the other Party, a Party shall promptly provide information and respond to questions pertaining to any actual or proposed measure, whether or not the other Party has been previously notified of that measure.

3. Any notification or information provided under this Article shall be without prejudice as to whether the measure is consistent with this Agreement.

 

Article 1903: Administrative Proceedings

With a view to administering in a consistent, impartial and reasonable manner all measures of general application affecting matters covered by this Agreement, each Party shall ensure that in its administrative proceedings applying measures referred to in Article

1901 to particular persons, goods or services of the other Party in specific cases:

(a) wherever possible, persons of the other Party that are directly affected by a proceeding are provided reasonable notice, in accordance with domestic procedures, when a 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 any issues in controversy;

(b) such persons are afforded a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action, when permitted by time, the nature of the proceeding, and the public interest; and

(c) its procedures are in accordance with domestic law.

 

Article 1904: Review and Appeal

1. 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 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 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 offices or authorities with respect to the administrative action at issue.

 

Article 1905: Cooperation on Promoting Increased Transparency

The Parties agree to cooperate in bilateral, regional and multilateral fora on means to promote transparency in respect of international trade and investment.

 

Article 1906: Definitions

For purposes of this Section:

administrative ruling of general application means an administrative ruling or interpretation 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 or quasi-judicial 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.

 

Section B - Anti-Corruption

 

Article 1907: Statement of Principles

The Parties affirm their resolve to prevent and combat bribery and corruption in international trade and investment.

 

Article 1908: Anti-Corruption Measures

1. Each Party shall adopt or maintain the necessary legislative or other measures to establish, in matters affecting international trade or investment, as criminal offences when committed intentionally:

(a) the solicitation or acceptance by a public official, directly or indirectly, of an undue advantage for the official or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties;

(b) the promise, offering or giving to a public official, directly or indirectly, of an undue advantage for the official or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties;

(c) the promise, offering or giving to a foreign public official or an official of a public international organization, directly or indirectly, of an undue advantage for the official or another person or entity, in order that the official act or refrain from acting in reloffenation to the performance of official duties, in order to obtain or retain business or other undue advantage in relation to the conduct of international business; and

(d) aiding, abetting or conspiring to commit any of the offences described in subparagraphs (a) through (c).

2. Each Party shall adopt such measures as may be necessary to establish its jurisdiction over offences committed in its territory.

3. Each Party shall make the commission of an offence covered by this Agreement liable to sanctions that take into account the gravity of that offence.

4. Each Party shall adopt such measures as may be necessary, consistent with its legal principles, to establish the liability of enterprises for participation in the offences covered by this Agreement. In particular, each Party shall ensure that enterprises held liable in accordance with this Article are subject to effective, proportionate and dissuasive criminal or non-criminal sanctions, including monetary sanctions.

5. Each Party shall consider incorporating in its domestic legal system at the national level appropriate measures to provide protection against any unjustified treatment for any person who reports in good faith and on reasonable grounds to the competent authorities

any facts concerning offences established in accordance with this Agreement.

 

Article 1909: Cooperation in International Fora

The Parties recognize the importance of regional and multilateral initiatives to prevent and combat bribery and corruption in international trade and investment. The Parties agree to work together to advance efforts in regional and multilateral fora to prevent and combat bribery and corruption in international trade and investment, including encouraging and supporting appropriate initiatives.

 

Article 1910: Definitions

 

For purposes of this Section:

foreign public official means any natural person holding a legislative, executive, administrative, or judicial office of a foreign country, whether appointed or elected, and any natural person exercising a public function for a foreign country, including for a

public agency or public enterprise;

 

public function means any temporary or permanent, paid or honorary activity, performed by a natural person in the name of a Party or in the service of a Party or its institutions, at any level of its hierarchy; and

 

public official means any natural person holding a legislative, executive, administrative or judicial office of a Party, whether appointed or elected and whether permanent or temporary.

 

CANADA-PERU

CHAPTER TWENTY-ONE: DISPUTE SETTLEMENT

Article 2102: Scope and Coverage

1.     Except for the matters covered in Chapters Sixteen (Labour) and Seventeen (Environment) and as otherwise provided in this Agreement, the dispute settlement provisions of this Chapter shall apply with respect to the settlement of all disputes between the Parties regarding the interpretation or application of this Agreement or wherever a Party considers that:

a.     an actual or proposed measure of the other Party is or would be inconsistent with the obligations of this Agreement;

b.     the other Party has otherwise failed to carry out its obligations under this Agreement; or

c.     any benefit that the Party could reasonably have expected to accrue to it under any provision of:

                      i.        Chapters Two (National Treatment and Market Access for Goods), Three (Rules of Origin), Four (Origin Procedures and Trade Facilitation) or Fourteen (Government Procurement), or

                     ii.        Chapter Nine (Cross-Border Trade in Services),

is being nullified or impaired as a result of the application of any measure of the other Party that is not inconsistent with this Agreement.

2.     In any dispute in respect of subparagraph 1(c), a panel established under this Chapter shall take into consideration the jurisprudence interpreting Article XXIII:1(b) of the GATT 1994 and Article XXIII(3) of GATS. A Party may not invoke subparagraph 1(c)(i) with respect to any measure subject to an exception under Article 2201 (Exceptions - General Exceptions) nor invoke subparagraph 1(c) with respect to any measure subject to the exception under Article 2205 (Exceptions - Cultural Industries).

 

 

 

CHAPTER SIXTEEN: LABOUR

Article 1601: Affirmations

The Parties affirm their obligations as members of the International Labour Organization (ILO) and their commitments to the ILO Declaration on Fundamental Principles and Rights at Work (1998) and its Follow-Up as well as their continuing respect for each other’s Constitution and laws.

Article 1602: Objectives

The Parties wish to build on their respective international commitments, strengthen their cooperation on labour and in particular:

a.     improve working conditions and living standards in each Party's territory;

b.     promote their commitment to the internationally recognized labour principles and rights;

c.     promote compliance with and effective enforcement by each Party of its labour laws;

d.     promote social dialogue on labour matters among workers and employers, their respective workers’ and employers’ organizations, and governments.

e.     pursue cooperative labour-related activities on the basis of mutual benefit;

f.      strengthen the capacity of the ministries responsible for labour affairs and other institutions responsible for administering and enforcing labour laws in their territories; and

g.     foster full and open exchange of information between such ministries and institutions in regard to labour laws and its application in each Party’s territory.

 

Article 1603: Obligations

In order to further the foregoing objectives, the Parties´ mutual obligations are set out in the Labour Cooperation Agreement between Canada and the Republic of Peru (LCA) that addresses, inter alia:

a.     general obligations concerning the internationally recognized labour principles and rights that are to be embodied in each Party’s labour laws;

b.     derogation from domestic labour laws in order to encourage trade or investment;

c.     effective enforcement of labour laws through appropriate government action, private rights of action, procedural guarantees, public information and awareness;

d.     institutional mechanisms to oversee the implementation of the LCA, such as a Ministerial Council and National Administration Offices to receive and review public communications on specified labour law matters and to enable cooperative activities to further the objectives of the LCA;

e.     general and ministerial consultations regarding the implementation of the LCA and its obligations; and

f.      independent review panels to hold hearings and make determinations regarding alleged non-compliance with the terms of the LCA and, if requested, monetary assessments.

 

CHAPTER SEVENTEEN: ENVIRONMENT

Article 1701: Affirmations

1.     The Parties recognize that each Party has sovereign rights and responsibilities to conserve and protect its environment, and affirm their environmental obligations under their domestic law, as well as their international obligations under multilateral environmental agreements.

2.     The Parties recognize the mutual supportiveness between trade and environment policies and the need to implement this Agreement in a manner consistent with environmental protection and conservation and the sustainable use of their resources.

Article 1702: Agreement on the Environment

In furtherance of Article 1701, the Parties have set out their mutual obligations in an Agreement on the Environment that addresses, inter alia:

a.     conservation, protection and improvement of the environment in the territory of each Party for the well-being of present and future generations;

b.     derogation from domestic environmental laws in order to encourage trade or investment;

c.     conservation and sustainable use of biological diversity and protection and preservation of traditional knowledge;

d.     development of, compliance with and enforcement of environmental laws;

e.     transparency and public participation on environmental matters; and

f.      cooperation between the Parties on the advancement of environmental issues of common interest.

Article 1703: Relationship between this Agreement and the Agreement on the Environment

1.     The Parties recognize the importance of balancing trade obligations and environmental obligations, affirm that the Agreement on the Environment complements this Agreement and that the two are mutually supportive.

2.     The Commission shall consider, as appropriate, reports and recommendations from the Committee on the Environment established under the Agreement on Environment, in respect of any issues related to trade and the environment.

 

CHAPTER NINETEEN: TRANSPARENCY

 

Section A - Transparency

Article 1901: Publication

1.     Each Party shall ensure that its laws, regulations, procedures and administrative rulings of general application respecting any matter covered by this Agreement are promptly published or otherwise made available in such a manner as to enable interested persons and the other Party to become acquainted with them.

2.     To the extent possible, each Party shall:

a.     publish in advance any such measure that it proposes to adopt; and

b.     provide interested persons and the other Party a reasonable opportunity to comment on such proposed measures.

Article 1902: Notification and Provision of Information

1.     To the maximum extent possible, each Party shall notify the other Party of any proposed or actual measure that the Party considers might materially affect the operation of this Agreement or otherwise substantially affect the other Party's interests under this Agreement.

2.     On request of the other Party, a Party shall promptly provide information and respond to questions pertaining to any actual or proposed measure, whether or not the other Party has been previously notified of that measure.

3.     Any notification or information provided under this Article shall be without prejudice as to whether the measure is consistent with this Agreement.

Article 1903: Administrative Proceedings

With a view to administering in a consistent, impartial and reasonable manner all measures of general application affecting matters covered by this Agreement, each Party shall ensure that in its administrative proceedings applying measures referred to in Article 1902 to particular persons, goods or services of the other Party in specific cases:

a.     wherever possible, persons of the other Party that are directly affected by a proceeding are provided reasonable notice, in accordance with domestic procedures, when a 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 any issues in controversy;

b.     such persons are afforded a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action, when permitted by time, the nature of the proceeding, and the public interest; and

c.     its procedures are in accordance with domestic law.

Article 1904: Review and Appeal

1.     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 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 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 offices or authorities with respect to the administrative action at issue.

Article 1905: Cooperation on Promoting Increased Transparency

The Parties agree to cooperate in bilateral, regional and multilateral fora on means to promote transparency in respect of international trade and investment.

Article 1906: Definitions

For purposes of this Section:

administrative ruling of general application means an administrative ruling or interpretation 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 or quasi-judicial 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.

Section B - Anti-Corruption

Article 1907: Statement of Principles

The Parties affirm their resolve to prevent and combat bribery and corruption in international trade and investment.

Article 1908: Anti-Corruption Measures

1.     Each Party shall adopt or maintain the necessary legislative or other measures to establish, in matters affecting international trade or investment, as criminal offences when committed intentionally:

a.     the solicitation or acceptance by a public official, directly or indirectly, of an undue advantage for the official himself or another person or entity, in order that the official act or refrain from acting in the exercise of his official duties;

b.     the promise, offering or giving to a public official, directly or indirectly, of an undue advantage for the official himself or another person or entity, in order that the official act or refrain from acting in the exercise of his official duties;

c.     the promise, offering or giving to a foreign public official or an official of a public international organization, directly or indirectly, of an undue advantage for the official himself or another person or entity, in order that the official act or refrain from acting in relation to the performance of official duties, in order to obtain or retain business or other undue advantage in relation to the conduct of international business; and

d.     aiding, abetting or conspiring to commit any of the offences described in subparagraphs (a) through (c).

2.     Each Party shall adopt such measures as may be necessary to establish its jurisdiction over offences committed in its territory.

3.     Each Party shall make the commission of an offence covered by this Agreement liable to sanctions that take into account the gravity of that offence.

4.     Each Party shall adopt such measures as may be necessary, consistent with its legal principles, to establish the liability of enterprises for participation in the offences covered by this Agreement. In particular, each Party shall ensure that enterprises held liable in accordance with this Article are subject to effective, proportionate and dissuasive criminal or non-criminal sanctions, including monetary sanctions.

5.     Each Party shall consider incorporating in its domestic legal system at the national level appropriate measures to provide protection against any unjustified treatment for any person who reports in good faith and on reasonable grounds to the competent authorities any facts concerning offences established in accordance with this Agreement.

Article 1909: Cooperation in International Fora

The Parties recognize the importance of regional and multilateral initiatives to prevent and combat bribery and corruption in international trade and investment. The Parties agree to work together to advance efforts in regional and multilateral fora to prevent and combat bribery and corruption in international trade and investment, including encouraging and supporting appropriate initiatives.

Article 1910: Definitions

purposes of this Section:

foreign public official means any natural person holding a legislative, executive, administrative, or judicial office of a foreign country, whether appointed or elected, and any natural person exercising a public function for a foreign country, including for a public agency or public enterprise;

public function means any temporary or permanent, paid or honorary activity, performed by a natural person in the name of a Party or in the service of a Party or its institutions, at any level of its hierarchy; and

public official means any natural person holding a legislative, executive, administrative or judicial office of a Party, whether appointed or elected and whether permanent or temporary.

 

 

 

 

 

 

בברכה,

 

נעמי פלד, מתמחה                                                                                                                                     

היחידה להסכמים בינלאומיים ותביעות בינלאומיות

משרד המשפטים

טל:   03-689-9754

פקס: 03-689-9792

naomip@justice.gov.il

Naomi Peled, Law Clerk

Department for International Agreements and International Litigation

Ministry of Justice, Israel

Tel:  +972-3-689-9754

Fax: +972-3-689-9792

naomip@justice.gov.il