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DRESTRICTED DTRADE/WP.4/R.1256 D24 July 1996 DENGLISH AND FRENCH ONLY  }K '#ixP7P#ECONOMIC COMMISSION FOR EUROPE#d6X@8;f@#  s44 COMMITTEE ON THE DEVELOPMENT OF TRADE  s44  Working Party on Facilitation of  s4*4International Trade Procedures  s44  s44Meeting of Experts on Procedures and Documentation (GE.2)  s4J4(Fiftyfourth session, 18 September 1996 Item 4(f) of the provisional agenda) D  s44 IMPLEMENTATION OF ECE/FAL RECOMMENDATION No.18 LLLL[068] P"FACILITATION MEASURES RELATED TO XINTERNATIONAL TRADE PROCEDURES"  s44  s4R4ă  s4r4xNote by the secretariată J ddx !?ddx  J    b   ?j?The present document contains the Operation of the Independent Entity Established by WTO under Article 4 of the Agreement on Preshipment Inspection (see WP.4 working document TRADE/WP.4/1066) and is reproduced in the form in which it was received by the secretariat.  b  s4&4 GE.96  S+'ok^*DpTRADE/WP.4/R.1256 Dppage #&J\  P6Qg&P# +-,,RR5'F$UllFic) (TT)NTCourierQ$)#Qjyrillic (Italic) (Lo#c%c!Cyo# (TT)(NTHelvetica/L?2 Ata?2>Helvetica/Cyrillic L _~ aa/ lic) (TT)NTTimes/ Ԍ S'ԙokrp s54#d6X@?BQ`@#TRADE/WP.4/R.1256  s54page ؆  S' F OPERATION OF THE INDEPENDENT ENTITY KESTABLISHED UNDER ARTICLE 4 OF THE  S ' AAGREEMENT ON PRESHIPMENT INSPECTIONă  S '  S'{Decision of 13 December 1995ă  S'Revision4X01Í/ Í/+X9*Í Í?҃ The General Council,  S$ 'Having regard to the Marrakesh Agreement Establishing the World Trade Organization (hereinafter the "WTO Agreement") and in particular Article IV, paragraphs 1, 2 and 6, Article V, paragraph 2, and Article VIII, paragraph3 thereof;  S0'Having regard to Article 4 of the Agreement on Preshipment Inspection (hereinafter the "PSI Agreement");  S6'Whereas Article 4(a) of the PSI Agreement provides that procedures for an independent review of disputes  S9'between preshipment inspection entities and exporters shall be administered by an independent entity  S<'(hereinafter the "Independent Entity");  SB'Whereas the Independent Entity shall be constituted jointly by an organization representing preshipment inspection entities and an organization representing exporters for the purposes of the PSI Agreement;  SK'Whereas the International Federation of Inspection Agencies (IFIA) represents preshipment inspection entities and the International Chamber of Commerce (ICC) represents exporters;  SQ'  ST'Whereas it is appropriate, in order to ensure the functioning of the procedures contained in Article4 of the  SW'PSI Agreement, to reach an agreement with these organizations to entrust the WTO with the task of setting up the Independent Entity and organising its functioning within the framework of the WTO and to define the terms and conditions of the cooperation of the ICC and the IFIA with the Independent Entity;  Sc!'Whereas it is desirable to approve the agreement reached between the WTO, the ICC and the IFIA; "l$-,L*R"'"  S'r ? s54Dp#d6X@?BQ`@#TRADE/WP.4/R.1256 Dppage بWhereas it is consequently appropriate to set up the Independent Entity as a subsidiary body of the Council for Trade in Goods, and that the experts appointed to serve as panelists pursuant to Article4, paragraphs (c) through (e) of the PSI Agreement shall be considered as officials of the WTO within the meaning of Article VIII, paragraph 3, of the WTOAgreement;  S'Whereas it is appropriate to define the structure and organization of the Independent Entity and the rules of procedure applicable to disputes brought before the Independent Entity;  S'Decides as follows: 1.The organizations mentioned in Article 4(a) of the PSI Agreement shall, for the time being, be the following: the organization representing preshipment inspection entities for the purposes of the PSI Agreement shall be the International Federation of Inspection Agencies (IFIA), and the organization representing exporters for the purposes of the PSI Agreement shall be the International Chamber of Commerce (ICC). 2. The Agreement between the WTO, the ICC and the IFIA attached in Annex I is hereby approved on behalf of the WTO. 3. The Independent Entity provided for in Article 4(a) of the PSI Agreement is hereby established as a subsidiary body of the Council for Trade in Goods. The Independent Entity shall report to the Council for Trade in Goods at least once a year. It shall be serviced by the WTO Secretariat. 4. The experts appointed to serve as panelists pursuant to Article 4, paragraphs (c) through (e) of the PSI Agreement shall, for this purpose, be officials of the WTO and shall be accorded by each of its Members such privileges and immunities as are necessary for the independent exercise of their functions in connection with the WTO, within the meaning of Article VIII, paragraph 3, of the WTO Agreement. 5. The Independent Entity shall be organized and shall function in accordance with the "Structure and Functions of the Independent Entity Established by Article 4 of the WTO Agreement on Preshipment Inspection" attached in Annex II. 6. The "Rules of Procedure for the Operation of Independent Reviews under Article 4 of the WTO Agreement on Preshipment Inspection" attached in Annex III shall apply to the conduct of independent reviews within the meaning of Article 4 of the PSI Agreement within the framework of the Independent Entity. 7. The Appendix and Annexes to this Decision are integral parts of this Decision."x(-L*L*&'"Ԍ S'ԙZAPPENDIXă  S' Basis for the Calculation of the Initial Costs for the Advance Deposit Tariff  S '  z%QThe following is based on the assumption of a 3person panel for 8 working days, without meeting of the  z%panelists or inspection of the goods (if either a meeting or inspection were required, an additional deposit would be assessed as appropriate). J !?ddx  A?ddx aF J   {  l   l  l  S 'Sw F{  lZ   S 'jDM T\ d!#&l(*-t/1$4|68,;=?4BD1)33Fees for panelists<3 33(3 panelists for 8 days: Sw F 600 x 3 x 8)<3 Z Z  14,400  ZU   S'2)33Lump sums for communication costs<3 33(mail, telephone, fax)<3  S'33for(i)& & the ChairmanX9*Í Í?X8*Í Í? S'ԍ#Y PE37 P#Based on the assumption of two conference calls with the other panelists.# &m PE37 vF&P#ѿ<3  S'33(ii)& & the other two panelists (Sw F 250 x 2)<& U  Sw F 500 Sw F 500U ~ Uc  l l  S'1,000 ~~ cc #Subtotall l 15,400 ~~ cp   S'3)33WTO overhead costs: 14% h U'#&n PE37 vF&P#э# Y PE37 P#To be automatically adjusted by the IE in accordance with the percentage provided for in the Trust Fund Rules.# &m PE37 vF&P# <3 p p ~{ pl #Totall l  S'17,500{l "$-L*L*$#"Ԍ S'ԙANNEX Iă  S'\Agreement between the World Trade Organization, the International Chamber of Commerce (ICC) and the International Federation of Inspection Agencies (IFIA) with respect to the Implementation of Article 4 of K the WTO Agreement on Preshipment Inspection   S'  S'c?  #"The WTO, the ICC and the IFIA hereby agree that the ICC and the IFIA shall jointly constitute an  z%independent entity to implement the provisions of Article 4 of the WTO Agreement on Preshipment Inspection (hereinafter the "PSI Agreement") on the following terms:  S$ ' #1.The ICC and the IFIA hereby entrust the WTO with the task of setting up the Independent Entity  #}(hereinafter "IE"). The WTO shall establish the IE as a subsidiary body of the Council for Trade in  #Goods. The WTO shall also define the structure and functioning of the IE in consultation with the ICC  #and the IFIA. The WTO shall determine the rules of procedure applicable to the conduct of independent  #"reviews by the IE in consultation with the ICC and the IFIA. The WTO shall be free to amend the structure and functioning of the IE, as well as the rules of procedure, in order to adapt them if need be.#  S9' #_2.In the performance of their tasks relating to the establishment and operation of the IE under the provisions of Article 4 of the PSI Agreement, the ICC and the IFIA shall jointly:#   SB' ! HHdraw up, and update annually, their respective lists of experts as provided for in paragraphs (b)(i)  !and (ii) of Article 4 of the PSI Agreement, and assist the IE in drawing up and updating the list of independent trade experts as provided for in paragraph (b)(iii) of that Article;#H  SK' ! HHprint IE documentation and make it available at the IE, at National Chambers of Commerce and at  !the information points maintained in the administrative offices of the preshipment inspection entities,  !it being understood that a minimal charge may be made for such documentation solely for the purpose of recovering the costs thereof;#H  SW' !I HHreport annually to the IE the views of their constituents on the operation of the independent review procedures;#H  S]' HHkeep the IE informed of developments in the area of preshipment inspection;#H  S` ' HHperform any other tasks as may be agreed jointly by the WTO, the ICC and the IFIA.#H  Sf"' #3.All of the above arrangements shall be reviewed at the end of 1996, on the occasion of the first periodic  #Mreview of the provisions, implementation and operation of the PSI Agreement, to be carried out by the WTO Ministerial Conference pursuant to the provisions of Article6 of the PSI Agreement.#  Sr&' #Q4.This Agreement may be terminated by any party by written notice to the others. Unless otherwise agreed,  Su''this Agreement shall be terminated 6 months after receipt of such notice by the other parties. #"u'-L*L*%"  S'ANNEX IIă  S'}Structure and Functions of the ZIndependent Entity Established by Article 4  S ' Cof the WTO Agreement on Preshipment Inspectionă  S'I.MANAGEMENT  S 'A.Management of the IE  #The IE shall be administered by a professional staff member of the WTO (hereinafter referred to as the "Director") and additional WTO staff, as required. It will be located in Geneva. #  S*'B.Role of ICC and IFIA  #In the organization and functioning of the IE, the respective roles of the ICC and the IFIA shall be as defined in the Agreement between the WTO, the ICC and the IFIA.#  S9'C.Reporting by the IE  #EThe IE will report to the Council for Trade in Goods at least once a year but more frequently if necessary.#  SH'D.Duties of the Director The duties of the Director shall include:#  ST' F ;DM T\ d!#&l(*-t/1$4|68,;=?4BX@ hp x (#%'0*,.8135@8: to forward the IE Rules of Procedure for the Operation of Independent Reviews under  F ;Article 4 of the WTO Agreement on Preshipment Inspection (hereinafter the "Rules of  F ;hProcedure") and other documents relevant for the information of exporters and preshipment  F ;inspection entities on the functioning of the IE to the nominated person(s) in ICC/IFIA for printing and dissemination;#  Sf"' F ;qyHH(ii)> to receive from ICC and IFIA their respective lists of experts and annual updates thereof and their contributions to the list of independent trade experts and annual updates thereof;#  So%' F ;yHH(iii)> to establish the list of experts and annual updates thereof, forward it to the nominated person(s) in ICC/IFIA for printing and dissemination and circulate it to all WTO Members;# "x(-L*L*&"Ԍ S' F ;4ԙyHH(iv)> to receive applications requesting an independent review, and notify them to the other party to each dispute;#  S ' F ;OyHH(v)> to verify that complainants have conformed with the time limits for requesting an independent review prescribed in paragraph 2.3 of the Rules of Procedure;#  S' F ;yHH(vi)> to ensure that complainants have properly completed the IE's Standard Application Form for  F ;~an independent review, have conformed to the provisions laid down in that Form and the Advance Deposit Tariff, and followed the Explanatory Notes attached thereto;#  S ' F ;[yHH(vii)> to estimate the likely costs of independent review and determine the Advance Deposit Tariff and additional costs where necessary;#  S' ' F ; yHH(viii)> to ensure in each case that an amount sufficient to cover the initial costs of an independent  F ;review in accordance with the IE's published "Advance Deposit Tariff" has been made available to the IE;#  S3' F ;HH(ix)G to establish a threemember panel of experts or select a single independent trade expertF3 S'ԍ#Y PE37 P#For the purposes of this Annex, the term "panel" shall refer to both threemember panels and single independent trade experts referred to respectively in Article 4(c) and (e) of the PSI Agreement. The term "panelist" shall refer to both members of  lK*'threemember panels and single independent trade experts.# &m PE37 vF&P#Ѽ in accordance with the agreement reached between the parties to the dispute;#  S<' F ;yHH(x)> to organise the payment of fees and the reimbursement of expenses to experts, and control the costs they incur in carrying out independent reviews;#  SE' F ;0yHH(xi)> to ensure that documents submitted within the framework of an independent review are notified to the parties;#  SN'yHH(xii) to notify the decisions of the panels to the parties and to WTO Members;#H  ST' F ; (xiii) to refund (less bank charges) the advance deposit(s) or release bank guarantee(s) against costs in accordance with the allocation of costs decided upon by the panel;#  S]' F ;u (xiv) to maintain a confidential record of submissions made in the context of independent reviews and confidential and nonconfidential records of the decisions reached thereon;#  Sl$' F ; (xv)G to maintain a register of independent reviews, which shall not include information which a party requested to be kept confidential; # "o%-L*L*#"Ԍ S'ԙ (xvi) to ensure that decisions are made available in all the official languages of the WTO.  S'II.OPERATIONAL PROCEDURES#  S 'A.Confidentiality#  #The IE shall ensure confidential treatment to information for which such a treatment has been requested  #by a party, provided that a nonconfidential summary of the information has been submitted to the panel by that party.#  S 'B.Languages of the IE#  #MThe official languages of the IE shall be the official languages of the WTO. Communications with the  #IE, submissions to independent review panels and independent review proceedings shall take place in any  #of these languages. During the proceedings of the independent review panels, if requested, interpretation  #}and translation shall be made available in any of the official languages of the WTO. Panel decisions  #shall be communicated to the parties in the official language(s) used by the panel. In cases where more  #Mthan one official language is used during the independent review proceedings, the timeframe provided for in Article 4(g) of the PSI Agreement may be extended with the agreement of the parties.#  S9'  S<'C.Initiation of an Independent Review#  SB'1.yHHApplication Form and Explanatory Notes; Response Form#H  !yHHThe IE shall make available to any exporter or preshipment inspection entity (as defined in Article 1.4 of the PSI Agreement), upon request:#H  !uyHH(i) a Standard Application Form for requesting the initiation of an independent review. This  !Standard Application Form shall include in annex the Explanatory Notes containing a description of the conditions under which the IE will accept a request for independent review;#H  !}yHH(ii) a Standard Response Form to give the opportunity for the other party to the dispute to respond to the application for an independent review.#H  Sr&'42.yHHAdvance Deposits to Cover Estimated Costs#H "_'-L*L*%"Ԍ S'  'X@ hp x (#%'0*,.8135@8:/A?yHH(i): : Any party which has not made a bank guarantee pursuant to paragraph 2(iii) below shall be   Nrequired to make an initial deposit to the IE bank account according to the Advance Deposit Tariff published by the IE and revised from time to time.#:  S'yHH(ii): : The Advance Deposit Tariff shall make provision for :#: yHH: : -fees for 3 panelists being utilised for 8 days.#: yHH: : (without any meetings or inspection of the goods)#:  Sh'HH: : -lump sums for communication costs (mail, telephone, telefax)X_ _ X""(""(#" HH: : -WTO overhead costs to be automatically adjusted HH: : by the IE in accordance with the percentage provided for HH: : in the Trust Fund Rules.  S ' dyHH(iii): : To expedite the initiation of independent reviews, each preshipment inspection entity will   arrange in advance in favour of the IE an automatically renewable bank guarantee in Swiss   #Francs, established on terms acceptable to the Director, to cover the initial costs of one independent review. #:  S'  yHH(iv): : As soon as an amount covering the initial cost of the independent review as established in   hthe Advance Deposit Tariff is received, the WTO shall recruit the panelist(s) selected by the IE.#:  S^'  WyHH(v): : Were the panelist(s) in a specific case to find that travel is needed (either to meet among   themselves and/or to meet the parties in dispute and/or to inspect the shipment), the Director  shall inform the parties and request additional deposits. Upon receipt of an amount acceptable to the Director to cover the additional expenditure, the panelist(s) will be authorised to travel.#:  S'   yHH(vi): : If, for any other reason, the panelist(s) anticipate that the expenditure will exceed the initial  hamount made available, the Director shall inform the parties in dispute and request additional  deposits. Upon receipt of an amount acceptable to the Director to cover the additional  expenditure, the panelists will be authorized to proceed with the anticipated expenditure. If  Athe amount received is less than the anticipated expenditure, the panelist(s) shall proceed on the basis of the funds available.#:  Sz'  yHH(vii): : Once the independent review is concluded, the IE shall prepare the final accounts of the case  =taking into account the panelist(s) actual fees and expenses and including the charge for WTO overheads required under the Trust Fund Rules.#:  S$'yHH(viii): : The IE will refund the unspent balance of the deposit(s) or release the unspent balance ##of#:  HH: : the bank guarantee(s) to the parties in accordance with the apportionment decided by the HH: : panel. "( -L*L*8("Ԍ S'43.yHHPanelists' Fees and Expenses and other Costs#H  S'  yHH(i): : Panelists will be paid a daily fee, a lump sum for communication costs (mail, telephone, fax) and, when authorised by the Director, travel expenses.#:  S'  [yHH(ii): : Expenses incurred by the parties to an independent review shall not be recoverable from the   IE other than in relation to the full or partial refund of deposit(s) or release of bank guarantee(s) against the costs incurred by the IE.#:  S '4.yHHRules of Procedure for the Operation of Independent Reviews#H  !yHHThe IE will publish and will make available upon request the Rules of Procedure for the operation of independent reviews. These Rules of Procedure shall be periodically reviewed by the IE.#H  S*'5.yHHQuestionnaires for Experts to Be Nominated as Panelists#H  !yHHThe IE will publish questionnaires to be completed by experts who wish to be considered for nomination as panelists.#H  S9'D.Documentation of the IE#  #VThe IE documentation which will be published and updated, when applicable, shall include, but not necessarily be limited to, the following :#  SH' !c-yHHStructure and Functions of the Independent Entity Established by Article 4 of the WTO Agreement on Preshipment Inspection#H  SQ' !- HHRules of Procedure for the Operation of Independent Reviews under Article 4 of the WTO Agreement on Preshipment Inspection#H  SZ'- HHStandard Application Form for a request for an independent review#H  S` '- HHStandard Response Form to a request for an independent review#H  Sf"'- HHQuestionnaire Forms for experts to be nominated as panelists#H  Sl$'- HHList of experts for independent reviews#H  Sr&'- HHAdvance Deposit Tariff#H "u' -L*L*%"  S'dANNEX IIIă  S 'RULES OF PROCEDURE FOR THE OPERATION OF INDEPENDENT REVIEWS  S 'UNDER ARTICLE 4 OF THE WTO AGREEMENT ON PRESHIPMENT INSPECTIONă  S'1.Purpose and Scope of Independent Review  S ' #1.1.The purpose of an independent review is to resolve disputes between exporters and PSI entities in accordance with the provisions of the PSI Agreement.  S$ ' #Z1.2.The object of an independent review shall be limited, pursuant to Article 4(f) of the PSI Agreement, to  z%establishing whether, in the course of the inspection in dispute, the parties to the dispute have complied with the provisions of the PSI Agreement.  S0' #1.3.When reviewing price verification by a PSI entity, independent review panels shall determine whether  z%the PSI entity has carried out price verification in accordance with the provisions of the PSI Agreement.  z%bAspects of preshipment inspection involving elements of customs valuation shall be subject to the appropriate provisions of the PSI Agreement, in particular footnote 4 to Article 2.20 thereof.  S?'2.Availability and Timing of Independent Review  SE' #2.1.The entities entitled to request independent review or become parties to proceedings before independent  z%;review panels shall be exporters of goods subject to preshipment inspection activities and PSI entities, within the meaning of the PSI Agreement.  SQ' #R2.2.Independent review shall be available after the exporter has first submitted a complaint with the preshipment inspection entity under the appeals procedure provided for in Article 2.21 of the PSI Agreement.  SZ' #2.3.Independent review shall not be requested earlier than two working days after the dispute was submitted  z%to the internal appeals procedure of the PSI entity. During a period of six months immediately following the  z%entry into force of the present Rules of Procedure, independent review shall not be requested later than 180  z%Ddays after the issuance of a Clean Report of Findings or notification of non-issuance of a Clean Report of  z%.Findings. After the end of the six month period referred to above, independent review shall not be requested  z%later than 90 days after the issuance of a Clean Report of Findings or notification of non-issuance of a Clean  z%^Report of Findings. The IE shall not accept a request for independent review unless it is lodged within the  z%foregoing time period, except when both parties agree otherwise. If no Clean Report of Finding or notification  z%of nonissuance of a Clean Report of Finding is issued within the timeframe provided for in Article 2.16 of the PSI Agreement, the party concerned shall be free to request an independent review at any time thereafter. "x( -L*L*&"Ԍ S'3.List of Experts for Independent Review Panels  S' #@3.1.The IE shall establish and update annually a publicly available list of experts divided into three sections as follows:  S'3.1.1HHa section of experts nominated by the International Chamber of Commerce (ICC);  S'3.1.2HHa section of experts nominated by the International Federation of Inspection Agencies (IFIA);  S '3.1.3HHa section of independent trade experts nominated by the IE.  S! '4.Procedure for Initiating an Independent Review  S' ' #4.1.The complainant, when seeking an independent review, shall submit to the IE a completed Standard  S*'Application Form (see: Appendix A hereto) and supporting documents.  S0' #4.2.The application form submitted by the complainant may be written in any of the official languages of the WTO and shall include the following :  S9' !E4.2.1HHidentity of the complainant, address, telephone, fax, telex numbers and the name of the contact person in the complainant's office;  SB'4.2.2HHname and address of the importer;  SH' !I4.2.3HHname and address of the respondent, its telephone, fax, telex numbers and the name of the contact person in the respondent's office;  SQ' !4.2.4HHpreshipment inspection entity reference numbers and exporters' contract, order, invoice numbers as appropriate;  SZ'4.2.5HHbrief description of the goods;  S` ' !4.2.6HHindication of the provisions of the PSI Agreement which have allegedly been infringed and description of the elements on the basis of which it is alleged that the infringement took place;  Si#'4.2.7HHcopies of all documents considered to be relevant by the complainant for review;  So%'4.2.8 HHdetails of submission of dispute to the PSI entity's internal appeal procedure;#H  Su'' !4.2.9HHcomplainant's statement as to whether it prefers the dispute to be determined by a single independent  z%trade expert or by a threemember panel. If the complainant wishes the review to be conducted by a single"x( -L*L*&"  z%xindependent trade expert and the respondent agrees, the single independent trade expert will be selected by  z%^the IE from the independent trade experts' section of the list of experts held by the IE. If the complainant  z%wishes the review to be conducted by a threemember panel, it shall propose in its application form three  z%Hnames from the relevant section of the list held by the IE. The respondent shall propose in its response form three names from the relevant section of the list held by the IE.  S' ! 4.2.10HHWhen the complainant's request for independent review includes a request to have the matter decided  z%Dby a single independent trade expert, the respondent shall state in its reply whether it concurs. Where the  z%Hrespondent does not concur, the names of three experts taken from the relevant section of the list maintained by the IE shall be included in the respondent's reply.  S! ' # 4.3.A copy of the request for independent review and all accompanying papers shall be notified by the IE to the respondent.  S*' #4.4.The respondent may submit a reply on the Standard Response Form (see: Appendix B hereto). The reply  z%;shall be delivered to the IE. The IE shall notify it to the complainant. In an effort to enable the panel to make  z%a reasoned evaluation of the matter presented based upon the request for independent review and the response  z%without any need to seek any further information, any response should include a statement of the respondent's position and any other relevant evidence or explanatory material that the respondent wishes to submit.  S<' #@4.5.Further documentation may be submitted by either party only upon request by the independent review panel.  SE'5.Appointment of Panel Members  SK' #@5.1.Upon receipt of the application form for the request for independent review from the complainant, the  z%response form from the respondent, if any, and receipt of an amount covering the initial costs of the  z%independent review, the IE will, whether the parties have agreed to the dispute being decided by a single  z%independent trade expert or a threemember panel, appoint the single independent trade expert or the  z%chairperson of the panel, as the case may be, from the independent trade experts section of the list maintained  SZ'by the IE.FZ} S 'ԍ#Y PE37 P#For the purposes of this Annex, the term "panel" shall refer to both threemember panels and single independent trade experts referred to respectively in Article 4(c) and (e) of the PSI Agreement. The term "panelist" shall refer to both members of  lKQ"'threemember panels and single independent trade experts.# &m PE37 vF&P#Ѽ  S` ' #c5.2.Where there is to be a threemember panel, the IE will in addition select one expert to represent the  z%!exporter from the three names submitted by the exporter and one expert to represent the PSI entity from the three names submitted by the PSI entity. "i# -L*L*!"Ԍ S' #5.3.In selecting the single independent trade expert or the panelists of a threemember panel, the location of  z%.the experts, the location of the parties and the location of the site of inspection of the goods shall all be taken into account by the IE.  S ' #5.4.No person shall be nominated by either party as a panelist if that person has any affiliation to the  z%7nominating party. A person shall be deemed to have an affiliation to a nominating party if that person is a  z%director, employee, adviser, consultant or agent of that party or that person has a financial interest in that party  z%or is in any way related by birth or marriage to that party or to any director, employee or partner of the nominating party.  S ' # 5.5.If either party has any objection to the proposal of any panelist by the other party based on an alleged  z%Zaffiliation to the other party, such objection shall be notified to the IE within one working day after the objecting party has received the other party's form.  S*' #Q5.6.The IE will ask experts who are under consideration for appointment as panelists or as single independent trade experts to confirm that:  S3' !85.6.1HHthe expert has no affiliation, as defined in paragraph 5.4 above, to the party that has put his/her name forward or, in the case of an independent trade expert, that he/she has no affiliation to either party;  S<' !5.6.2HHthe expert will treat in confidence all confidential information made available during the course of any review.  SE' #5.7.In the event that the respondent fails to respond to an application within two working days of the  z%!initiation of a request for an independent review, the IE will appoint a single independent trade expert and the  z%!review shall proceed despite the lack of response. However, if the complainant insists upon a threemember  z%panel, the IE will, in addition to selecting the chairperson, appoint a third panel member on behalf of the non-participating party so that the review can proceed.  SW'6.Payment of Deposits to Cover Estimated Costs of an Independent Review  S]' #Z6.1.Any party which has not secured an appropriate bank guarantee in favour of the IE shall deposit in the  z%bank account of the IE cleared funds in Swiss Francs to cover the initial costs of the review in accordance  z%with the Advance Deposit Tariff published by the IE. Such remittance shall be made by the complainant at the same time as the complainant submits the application for independent review to the IE.  Sl$' #V6.2.If the respondent is not a PSI entity that has arranged a bank guarantee on terms acceptable by the  z%IDirector of the IE, it shall make the deposit referred to above forthwith on receipt of a copy of the complainant's application for independent review. "u'-L*L*%"Ԍ S' !p6.3.1HHOne of the conditions for the commencement of the independent review process is that deposits or  z%bank guarantees of an amount sufficient to cover the initial costs of an independent review must have been received from both parties by the IE. The decision of the IE as to whether a deposit is sufficient shall be final.  S ' !<6.3.2HHNotwithstanding paragraphs 6.1, 6.2 and 6.3.1 above and paragraph II.C.(2) of the "Structure and  z%Functions of the Independent Entity Established by Article 4 of the WTO Agreement on Preshipment  z%ZInspection", a panel shall be established upon receipt of a deposit or bank guarantee by only one party,  z%provided that the amount is sufficient, subject to the prior agreement of that party. It is understood that the  z%bcosts will be borne by that party, in the event that the other party fails to make the deposit or secure the bank guarantee required under paragraph 6.3.1 above.  S! ' #D6.4.After the conditions for the commencement of the review have been met, the IE will, within one working day, send the documents of the case to the nominated panelists.  S*' #6.5.If upon its initial review, within one working day of receipt of the documents, the panel determines that  z%(a) it is necessary to travel for the purpose of performing its duties, such as the inspection of the goods, or  z%(b) additional expenditures are necessary, such as to procure the services of an independent consultant with  z%specialist knowledge, the panel shall advise the IE accordingly. The IE shall estimate the additional deposits required and inform the parties.  S<' #}6.6.If in exceptional circumstances, whilst the review is in process, the panel anticipates expenditure in  z%excess of the advance deposits received in order to reach a decision, it shall advise the IE accordingly. The IE shall estimate the additional deposits required and inform the parties.  SH' #6.7.At the request of the panel, the IE shall also inform the parties that the timeframe set out in Article 4(g)  z%Dof the PSI Agreement will be suspended until an amount sufficient to cover the additional expenditure has been received. The panel may decide at any time to terminate the suspension.  ST' #6.8.If neither party agrees to provide further funds, the panel shall proceed to a decision on the basis of the  z%kinformation before it. If only one party makes an additional deposit, the panel may proceed on the basis of  z%the funds available, subject to the agreement of that party. In such a case, notwithstanding paragraph 6.9, only  z%the amount of the deposit or of the bank guarantee not used to cover the costs incurred will be refunded or released.  Sf"' #6.9.Refunds of deposits or release of guarantees will be made in whole or in part, less bank charges, by the  z%IE having regard to the total costs of the independent review as assessed by the IE and having regard to the allocation of costs between the parties made by the independent review panel. "x(-L*L*&"Ԍ S'7.Procedure before Independent Review Panels  S' #7.1.Decisions will ordinarily be made on the basis of the initial written submissions and any subsequent oral  z%representations. Either party shall be entitled to make oral representations to the panel subject to the  z%!provisions of paragraph 7.5. Parties shall not raise claims before the panel which were not previously raised  z%in the appeals procedure before the preshipment inspection entity provided for in Article 2.21 of the PSI  z%7Agreement. The panel may determine whether a particular claim was effectively raised during the appeals procedure.  S ' # 7.2.The chairperson of the panel or the single independent trade expert shall make all necessary decisions  z%so as to ensure the fair and expeditious resolution of the dispute submitted to independent review but always having due regard to the sums available by way of deposit(s) or guarantee(s) to cover the cost of the review.  S' ' #7.3.If any party fails to participate in the proceedings or to respond in a timely manner to requests from the panel, the panel shall nevertheless render a decision on the basis of the information before it.  S0' #7.4.Except as otherwise provided in paragraph 9.2, copies of all written communications and documents  z%;submitted to the panel by a party shall be forthwith notified by the IE to the other party. Any party receiving any new document from the other party shall have the right to comment thereon.  S<'7.5.No ex parte communication shall be allowed.  SB' #g7.6.Each panelist shall act as an independent adjudicator in respect of the dispute under review and shall in no way act as an advocate or agent for either party.  SK' #7.7.No party shall seek to influence any panelist concerning the matter in dispute in any way whatsoever except through the process of submissions and evidence in the course of an independent review.  ST' 8.Evidence  SZ' #38.1.The panel may request documents and other relevant materials from the parties. The failure of a party  z%to respond may be taken into account by the panel in rendering its decision but shall not, of  itself, be a sufficient reason to render a decision against that party.  Sf"'9.Confidentiality  Sl$' #M9.1.Except as otherwise provided in paragraph 10.4, panelists and parties shall hold in strict confidence all submissions and other materials provided to the panel or otherwise received in the course of the proceedings.  Su'' #t9.2.A party may request that certain information submitted to the panel be treated as confidential, provided  z%git submits a nonconfidential summary of the information concerned. A party may submit confidential"x(-L*L*&"  z%|business information, which it is unable to disclose to third parties by reason of such information having been  z%.provided on a confidential basis from parties not involved in the dispute, to an independent lawyer nominated  z%by both parties to enable that lawyer to provide to the panel a report on the information so submitted. The costs of the lawyer in providing such a report shall be borne by the party requesting the report.  S'10.Decision of the Independent Review Panel  S'10.1.HHThe decision of a threemember panel shall be adopted by majority vote.  S ' !V10.2.HHEach decision shall be rendered within eight working days after the request for independent review  z%was received by the IE, unless both parties agree to extend this time limit. For the purposes of counting the  z%eight working day period for completion of a review, a request shall be deemed to have been received only after:  S*'10.2.1HHthe IE has received a properly completed Standard Application Form requesting a review; and  S0' !<10.2.2HHboth parties to the review have lodged financial deposits or bank guarantees which cover the initial  z%costs of the review or, in case only one party made a deposit or lodged a bank guarantee, this party agreed to bear the costs of the independent review in accordance with paragraph 6.3.2; and  S<' !10.2.3HHthe respondent has responded in writing to the application or two working days have elapsed without a response since that party was notified of the application.  SE' !10.3.HHThe decision shall state whether, in the opinion of the panel, the parties to the dispute have, in the course of the inspection in dispute, complied with the provisions of the PSI Agreement.  SN' !+10.4.HHEach decision shall include a brief statement giving reasons for the decision. Decisions shall be issued in all the official languages of the WTO.  SW' !I10.5.HHThe panel shall apportion the costs of the review based upon the merits of the review. Such costs  z%shall be limited to the costs of the IE for which deposits or bank guarantees have been taken by the IE. Other expenses incurred by the parties to the review are not recoverable.  Sc!' !10.6.HHPanel decisions shall be issued in two versions: one confidential version for the IE confidential  z%record and one nonconfidential version for publication. Nonconfidential versions of decisions shall be  z%7published by the IFIA and the ICC for the information of PSI entities and exporters and made available to  z%WTO Members by the IE. The published decisions may contain nonconfidential summaries of information  So%'for which a party requested confidential treatment and provided a nonconfidential summary. "x(-L*L*&"Ԍ S'11.Discontinuance of an Application for Independent Review  S' !11.1.HHIf at any time, prior to the communication by the IE of the decision of a panel to the parties, the  z%kparties reach an amicable settlement, they may withdraw the review application by giving notice to the IE,  z%including notice as to how review costs incurred to date are to be borne by the parties. In the absence of any agreement to the contrary, the costs will be divided equally between the parties.  S' !11.2.HHIf the complainant unilaterally gives notice to the IE that the application for independent review is  z%discontinued, the IE will refund to the complainant its deposit or release its bank guarantee less independent  z%review costs incurred to that date and bank charges. If however the complainant withdraws his application  z%xby reason of the fact that the respondent has remedied the grievance which was the subject of the original  z%application, the respondent shall bear all the independent review costs incurred to that date in respect of that application.  S*' !"11.3.HHThe decision of the IE as to the amount of costs incurred in the independent review process up to the date of any discontinuance shall be final.  S3'12.Time  S9' !12.1.HHTime limits for delivery of documents pursuant to these Rules of Procedure shall include only normal working days in the country where the office of the recipient of the communication is located.  SB' !+12.2.HHWhere documents are received by a recipient after normal working hours in the country of the recipient, they shall be deemed to be received on the next working day.  SK' !12.3.HHIn calculating time limits, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of such time period shall be included.  ST' !12.4.HHAny time limit prescribed by these rules may be extended with the consent of both parties. Any  z%request for extension of time shall be made to the panel before the expiration of the time period to be extended unless it is impractical to do so.  S` '13.Information  Sf"' !13.1.HHThe IE, the PSI entities and the National Chambers of Commerce shall upon request provide  z%Uinformation to enquirers on the independent review procedure. A nominal charge may be made for providing copies of the IE Rules of Procedure and related documents."l$-L*L*""   ?H: 7 OW_ "%g'),o.03w57':<>/A?y?dddy U 1   1    4  c4Z# PE37tP#APPENDIX Aă  c4h~# PE37tP# APPLICATION FORM#&n PE37 vF&P# ă J A?ddx aF a?ddxb J { -    aC4; #  PE37tP#FOR A  aM4< REQUEST FOR AN INDEPENDENT REVIEW  cW4N(in accordance with the WTO Agreement on Preshipment Inspection)#&n PE37 vF&P# L   - @ a?ddxb  ddx  @  -    ! S ' IMPORTANT   U' $i %1.D This form is for completion by the complainant or an authorized employee  of the complainant requesting an independent review in accordance with   Ythe provisions of the WTO Agreement on Preshipment Inspection, Article4.ƨ  U' 2.D Prior to completing this form, complainants are advised to refer to the   aIndependent Entity publication "Preshipment Inspection Activities: Rules  of Procedure for the operation of Independent Review Panels under Article4 of the WTO Agreement on Preshipment Inspection".ƨ    J ddx    ddx]  J  8    " Sp' IE REFERENCE NUMBER 8 p  R  p8 R p 8  R " S'( To be allocated by the IE 8   ax 4u #  PE37tP#INDEPENDENT ENTITY #&n PE37 vF&P#у  UZ"'r WTO Secretariat =Centre William Rappard Rue de Lausanne 154 CH 1211 Geneva 21 V~Tel. No. (022) 739.51.11  S&'B}Fax. No. (022) 731.42.06 ă ____________________________________________________________________________________   XD(-L*L*$'3?#ll?ic) (TT)NTCourierX  RX  Y  ddx]  ?dd Y 8      `FHu# P PE37.אP# 1. COMPLAINANT   `FHu 2.ddIMPORTER  l  E  Company Name: VE Company Name:l l E  Address: Telephone No.: Telefax No.: Telex No.: Contact person: Address:l V   |  `Fu 3.ddRESPONDENT      F Name C      8 Address: Telephone No.: Telefax No.: Telex No.: Contact Person: J  CV  C  S    C   `F{ u 4.WTO MEMBERS   `F{ u 6.ddDESCRIPTION OF GOODS    C  Member(s) in which preshipment inspection is performed   C   \ 8C  Importing Member 8 \ 8C   `F%u 5.REFERENCE NUMBERS   C  Inspection Order Reference No.: (as advised by the preshipment inspection entity)  \ 8C  Contract/Order/Proforma Invoice/Final Invoice No. (delete as applicable)18 \ 8cC   `FYu 7.NATURE OF THE DISPUTE DThe objective of the Independent Review is to determine whether the Preshipment Inspection Entity and the Exporter have complied with the WTO Agreement on Preshipment Inspection. !1 ctC   `Fu 7.A.Article(s) of the Agreement in dispute: DPlease indicate, by marking an "X" in the boxes below, which Articles of the WTO Agreement on Preshipment Inspection have, in your opinion, been infringed. ! WTO Agreement on Preshipment Inspection t8C   `Fu Section: *Nondiscrimination` t 2.1 *Site of Inspection` t 2.3 *Standards` t 2.4 *Transparency` t 2.5 ` t 2.6 ` t 2.7 *Protection of Confidential` t 2.9 Business Information`t t ! ` t 2.11 `t t ! ` t 2.12 *Conflicts of Interest` t 2.14 (a) `t t ! ` t 2.14 (b) `t t ! ` t 2.14 (c)+8  `Fu Article No.:                                                +8  `Fu Section: *Delays`gg~ `gg~ `gg~ `gg~ *Price verification`gg~ *Appeals Procedures`gg~ *Other provisions of the Agreement (please identify) +8  `Fu Article No.:  _G!u 2.15m à  _Gu 2.16m à  _Geu 2.17m à  _Gu 2.18m 2.19m  _G u2.20 (a)m à  _G!u 2.20 (b)m à  _G1"u 2.20 (c)m à  _G"u 2.20 (d)m ă  _Gu#u2.20 (e)m   _G$u2.21m à  _G[%u 2.21 (a)m à  _G%u 2.21 (c)m Ѓ8"+0--y(A"Ԓ T ?dd ?dd/S T     `F_u 7.B.Disputes regarding Article 2.20 "Price Verification" DIf the dispute relates to price verification, please indicate below whether the PSI Entity's price opinion is for: !  _Gui %D(A)OOForeign Exchange purposesRRM   OORRM    _Gu(B)OOCustoms Valuation purposes D8OORRM   !O OORRM   DImportant: If answer (B) applies, please refer to paragraph 1.3 of the Rules of Procedure for the Operation of the Independent Review Panels under Article 4 of the WTO Agreement on Preshipment Inspection. ! 7  m    `F u 7.C.Summary of dispute: DPlease describe the elements on the basis of which the alleged infringement took place. ! DPlease provide sufficient detail and/or accompanying documentation to enable the Independent Review Panel to reach a conclusion. A separate attachment page may be used if necessary. !  _Gu4DDAre you submitting additional documents with this form?::   4DDOO::  YES/NO     DDOO::  DD  _GuIf yes, please state number of pages of attachments::   OO::  7   m *   `FCu 8.DSUBMISSION OF THE DISPUTE TO THE PRESHIPMENT INSPECTION ENTITY'S INTERNAL  `FuAPPEAL PROCEDURES:  DThe exporter is required to have submitted the grievance to the preshipment inspection entity's internal appeal procedures at least 2 working days before submission of the case to the Independent Entity.  _Gu1.OOPlease provide the following information:  _Geu}DDOOa.  Date of despatch`J   `J    _GuOOb.  Means of despatch OO  . Hand delivery`J   `J   OO  . Special courier service`J   `J   OO  . Fax`J   `J    _G;#u2.|OOHas a response been given by the preshipment inspection entity?O `jc   `  YES/NO  $   `x    _G'u3.|OOEnclose copies of the appeal submission to the preshipment inspection entity and its reply, if any.O )*  *")0--5$ "  h ?dd/S ?dd/ h "   " *&C*   `F_u 9.FORMATION OF THE INDEPENDENT REVIEW PANEL: DThe Independent Review Panel normally consists of three members: one nominated by the exporter but not affiliated to the exporter, one nominated by the preshipment inspection entity but not affiliated to the preshipment inspection entity and one independent trade expert nominated by the Independent Entity who serves as Chairman of the Panel.! " *&fC*   `FKu 9.A.Complainant's choice of panel member: DComplainants may select a panellist from the relevant section of the "List of Experts for Independent Reviews", established by the Independent Entity, which is available from the IE, the PSI entity or the Chamber of Commerce in the complainant's country. Although only one expert will be appointed, please indicate, in the boxes below, three persons from the list taking into account their geographical location and language. Please also ensure that they are not affiliated to your company within the meaning of paragraph 5.4 of the Rules of Procedure for the Operation of Independent Review Panels under Article 4 of the WTO Agreement on PSI.! D! The Independent Entity will choose one of these persons. &"   & *fC*  Name:  1.  2.  3. &  . & *C*         &   & *C*  Country:v v      &   & *C*   W  N N N N N N :   *> C*   `F u 9.B.Single independent trade expert or threemember panel: DThe complainant may opt, if also mutually agreed by the respondent, for a single independent trade expert nominated by the Independent Entity, instead of a threemember panel. If you prefer this option, please indicate (by marking an "X") in the box below.! y!U(ddU|y$!!33!3$ !3Whatever your preference, you must complete Section 9.A above. !3 !3D(I wish to have a single independent trade expert (if mutually agreed by the respondent)).! 33!!  _Gpu  1 ! 1 DNote:  The cost of the Independent Review will be significantly less if a single independent trade expert is appointed.! : N  *> *C*   `Gu  1 ! 1 9.C.Personal representation :  98PA   _GuDBoth the complainant and respondent may present their views, in person to the Independent Review Panel.!  98bA   `FuD If you wish to use this facility please indicate (by marking an "X") in one of the boxes below. !  98tA  }} )PDD 1 !  1  **C*   _Gu  1 ! 1 DIn any event:1 >   yA Gdd3y$  AI $ AI Only if the respondent does so:   AI ya!G|ddP y,AI aY, AI aY *1 C*   `Fvu 10.PAYMENT OF THE ADVANCE DEPOSIT:  L@N  _GuDIn case a bank guarantee has not been secured in favour of the IE, payment of the advance deposit according to the current "Advance Deposit Tariff" (available from the IE, PSI entity or the Chamber of Commerce in the complainant's country), should be sent by bank transfer in Swiss Francs to:!  L@# N $   _G` uDOOBank! DOOIRE Account No.! DOOIRE Swift No.! DOOBeneficiary!  L@"N  _G #uPlease indicate in the following boxes:  _G#u} )P} )cDDThe date of submission of transfer instructions to your bank[   OO  J J [    _G$uThe bank reference No.J J    OO  J J   7 *1 C*   `G%u 11. DPlease indicate if you are prepared to bear the full costs of the independent review, in accordance with paragraph6.3.2 of the Rules of Procedure, in the event the respondent fails to make the deposit required or in case a bank guarantee has not been secured by the respondent in favour of the IE.!  98'A   _G(u} )c} )@DDYesOO  >>bNo    _G(uOO  >>b   %  _)0--*'3U!llU|ic) (TT)NTCourierI GA)# Gyrillic (Italic) (YGaCy!GP  (TT)(NTHelvetica/ c ?dd/ !?dd/b c Q%     `Fu12.DSUBMISSIONS REQUIRED FROM THE COMPLAINANT BY THE INDEPENDENT ENTITY PRIOR TO THE COMMENCEMENT OF A REVIEW: !Q!    DYour request for Independent Review will not be processed until the listed documents, in addition to the advance deposit or bank guarantee, have been received by the Independent Entity. !!Q    _Gu(I)DThis Application Form duly completed and signed. !{r R   _Gvu(II)DA copy of the exporter's appeal to the preshipment inspection entity in accordance with its appeals procedures as per Article2.21 of the WTO Agreement on PSI. (See Section 8 of this application form.) !{G R   _Gu(III)DA copy, if applicable, of any reply by the preshipment inspection entity to the exporter's appeal as per point(II) above. !  _Gu(IV)DCopies of all other documents submitted to and received from the respondent in connection with the transaction in dispute. !{ R   _Gu(V)DAny additional supporting evidence you wish to submit. ! {{l DThese documents, together with this application form, may be submitted to the Independent Entity by fax. ! {  R_    `FG u13.DNOTIFICATION OF A COPY OF THIS APPLICATION FORM AND ENCLOSURES TO THE RESPONDENT: !b  _   DThe Independent Entity will notify this application and all attached documents to the respondent. ! DIf any submitted information is confidential, please provide a nonconfidential summary, or if applicable specify whether you agree to the application of the procedure provided for in paragraph 9.2 of the Rules of Procedure for the Operation of Independent Review Panels under Article 4 of the WTO Agreement on PSI. !   }    `Fu14.DPlease indicate below in which official language of the WTO (English/French/Spanish) you would like the decision communicated to you: !  }   `Fu 15.DCOMPLAINANT'S DECLARATION: !{ R   DI hereby declare that: !{ R   _GfuDa.8OOI am the complainant/an authorized employee/an authorized representative of the complainant. !O7  _G;uDb.8OOThe information contained herein is, to the best of my knowledge, correct. !O{  R   _GuDc.8OOThe experts nominated by me, in Section 9.A of this form, to serve as panel members are not affiliated to me or my company. !O{{ RR   _GuDd.8OOI or my company wish to submit this case for an Independent Review and recognize that the Rules of Procedure for the Operation of Independent Review Panels under Article 4 of the WTO Agreement on PSI shall apply to this review. !O{Q\ RY   _GuDFULL NAME: ...........................................................................POSITION: ........................................... ! COMPANY NAME: ................................................................................................................................. } )@`DDDSIGNED: .............................................................................................................................................. ! DAT: ..................................................................................................................................................... ! DON: ..................................................................................................................................................... !Q Y  (""-#0--!7" @ !?dd/b A?dd/b @ x'(" "   `G_u EXPLANATORY NOTES ă  _GRu I. A. 1. a.(1)(a) i) a) 1. a. i.(1)(a)(i) 1) a)1.DA request for an Independent Review requires that the Independent Entity ("IE") shall have received the following from the complainant: !  _GDuDa.g~~Completed Application Form. !~  _GuDb.g~~The advance deposit (only in case a bank guarantee has not been secured in favour of the IE). !~  _GuDc.g~~Evidence that the exporter submitted to the preshipment inspection ("PSI") entity, at least two working days earlier, an Appeal in writing in accordance with Article 2.21 of the WTO Agreement on Preshipment Inspection. !~  _GuDd.g~~Copies of the other applicable documents as listed in Section 12 of this Application Form. !~  _G u2.DThe IE will only process applications for Independent Review when (a) the preshipment inspection activity was carried out on the territory of a Member by a PSI entity contracted by another Member; and (b) the request is received not earlier than two working days after the dispute was submitted to the internal appeals procedure of the PSI entity and not later than the number of days foreseen in paragraph2.3 of the Rules of Procedure for the Operation of Independent Reviews under Article4 of the WTO Agreement on Preshipment Inspection after the issuance of the Clean Report of Findings or notification of nonissuance of the Clean Report of Findings unless both parties agree otherwise. !  _Gu3.DApplications received by the IE after working hours will be deemed to have been submitted on the next working day. !  _Gu4.DAny time period in "working days" will take into account, where applicable, the official working days in the Members where the exporter, preshipment inspection entity, IE and panel members of Independent Review are located. !  _Gu5.DWithin two working days of notification by the IE to the respondent of the complainant's request for an independent review, the respondent will forthwith lodge, in case a bank guarantee has not been secured in favour of the IE, an advance deposit in Swiss Francs in accordance with the current "Advance Deposit Tariff" acceptable to the IE. Within the same two working days the respondent is invited to respond to the request by completing and sending to the IE a response form. In the absence of a response: !  _GuDa.g~~The IE will, where applicable, select a third panel member, who is not affiliated to the respondent, from the respondent's section of the experts list. !~  _GuDb.g~~The Independent Review will proceed on the basis of the information submitted by the complainant. !~  _Gu6.DBy "exporter" is meant the party contracting to sell the goods directly to the importer in the importing Member. !  _GPu7.DA proposed panel member shall be deemed to be affiliated to a party if the person is a director, employee, adviser, consultant or agent of a nominating party or if the person has a financial interest in the nominating party or is related by birth or marriage to a nominating party or to any director or employee or partner of a nominating party. !  _Gu8.DThe costs incurred directly by the parties, such as, legal costs, administrative expenses or sending a personal representative to a meeting with the Independent Review, will be for their own respective account. !  _Gu9.DWhen reviewing price verification by a PSI entity, independent review panels shall determine whether the PSI entity has carried out price verification in accordance with the provisions of the PSI Agreement. Aspects of preshipment inspection involving elements of customs valuation shall be subject to the appropriate provisions of the PSI Agreement, in particular footnote 4 to Article 2.20 thereof. !  _G"u 10.DThe decision of the Independent Review Panel is binding on the preshipment inspection entity and the exporter, which are parties to the dispute, and costs will be apportioned by the Panel on the merits of the case. The decision of the Panel and allocation of costs will be communicated to the parties by the IE. !  _G$u 11.DThe above notes have exclusively explanatory purposes. The Rules of Procedure for the Operation of Independent Review Panels under Article 4 of the WTO Agreement on Preshipment Inspection are available from the IE, the PSI entities or National Chambers of Commerce. ! x'" x' y ? ,ddd y X,0--%3? ,#, ll? ,  ic) (TT)NTCourierXԌ c4ԙ# PE37tP#eAPPENDIX Bă  U'#&n PE37 vF&P#  a40 #  PE37tP#RESPONSE FORM  c4 @ A?dd/b a?ddxb @ x' -    ao4 # PE37tP#TO A  au4< REQUEST FOR AN INDEPENDENT REVIEW (in accordance with the WTO Agreement on Preshipment Inspection)  - @ a?ddxb  ddx  @  -   ! af 4 IMPORTANT   cr 4 `i D%1.D This form is for completion by an authorized employee of   a respondent wishing to respond to a complainant's   request for an independent review in accordance with   oArticle 4 of the WTO Agreement on Preshipment Inspection.ƨ  c4 a2.D Pages 2 and 3 of this completed form should be received  by the Independent Entity within two working days of the   Psubmission by the complainant of his/her Request for Independent Review to the Independent Entity.ƨ  PD Failure to do so may result in the Independent Review   proceeding in the absence of any response from the respondent.ƨ   J ddx    ddx]  J     pC " ad4p IE REFERENCE NUMBER    pC   l !   p pC " a!4n To be allocated by the IE  !p  c$4u # PE37tP#INDEPENDENT ENTITY #&n PE37 vF&P#у  U&'S WTO Secretariat =Centre William Rappard Rue de Lausanne 154 CH 1211 Geneva 21 V~Tel. No. (022) 739.51.11  S*'aFax No. (022) 731.42.06 ă  + y ?0ddd$ y# P PE37.אP# X+0--(.3?0#&0 ll?0$  ic) (TT)NTCourierX  J  m  ddx]  ?dd^ m ( 4 !( *C*   `Fu1.RESPONDENT2  `Fu 2.COMPLAINANT *4  * *C*  Company Name:  Company Name:* 4* *C*  Address:  Town/Country:* * *C*  Telephone No.:  `FRu 3.REFERENCE NUMBERS *  * *C*  Fax No.: Inspection Order Reference No.:* * *C*  Telex No.: * * *C*  Contact Person: Contract/Order/Proforma Invoice/Final Invoice No. (Delete as applicable) $ $ *C*   `Ft u 4.RESPONSE BY THE RESPONDENT    *v C* ! ]!y We acknowledge receipt of the complainant's Application Form and documents in support of his/her request for an Independent Review and we wish to provide the following comments/additional information in response:  _GPui %DAre you submitting additional documents with this form?NN    _Gu|HDDNN 8  YES/NO A  ! NN    _GuIf yes, please state number of pages of attachments{NN   !N NN     *v C*   `Fu 5.RESPONDENT'S CHOICE OF PANEL MEMBER R4 *C*  Although only one expert will be appointed, please indicate, in the boxes below, three persons from the relevant section of the "List of Experts for Independent Reviews" established by the Independent Entity, taking into account their geographical location and language. Please also ensure that they are not affiliated to you or your company within the meaning of paragraph5.4 of the Rules of Procedure for the operation of Independent Review Panels under Article 4 of the WTO Agreement on PSI. The Independent Entity will choose one of these persons. &R$  H& *C*  Name:  1.  2.  3. &$  & *C*         &$  & *C*  Country:! ! ! ! ! ! ! &$   & *C*  " " " " " " " ! *C*   `FX#u 6.SINGLE INDEPENDENT TRADE EXPERT OR THREEMEMBER PANEL If mutually agreed, the respondent and the complainant may opt for a single independent trade expert nominated by the Independent Entity instead of a threemember panel. If you prefer this option, please indicate (by marking an "X") in the box below. I wish to have a single independent trade expert (if mutually agreed by the complainant). ` !   ` !    _G.)uNote: The cost of the Independent Review will be significantly less if a single independent trade expert is appointed. ""*0--S%" h ?dd^ ?ddx h "    `Fu 7.PERSONAL REPRESENTATION  _GuBoth the complainant and respondent may present their views, in person to the Independent Review Panel.  `Fu 1 a  1   1 a! 1 If you wish to use this facility, please indicate (by marking an "X") in the box below:  _Gu yxddof y$ ! !66 ! !6$  z   ! `Ftu 8.PAYMENT OF THE ADVANCE DEPOSIT  ]!h In case a bank guarantee has not been secured in favour of the IE, payment of the advance deposit according to the current "Advance Deposit Tariff" should be sent by bank ! 1   1 transfer in Swiss Francs to: @ )  Bank DIRE Account No._ DIRE Swift No._ DBeneficiary_ Please indicate in the following boxes: |HDDThe date of submission of transfer instructions to your bank.        _GuThe bank reference No.     L) @  )k   `Fu 9.DNOTIFICATION OF A COPY OF THIS RESPONSE FORM AND ANY ENCLOSURES TO THE COMPLAINANT ! The Independent Entity will notify a copy of this response form and any enclosures to the complainant. If any information submitted is confidential, please provide a nonconfidential summary, or if applicable specify whether you agree to the application of the procedure provided for in paragraph 9.2 of the Rules of Procedure for the Operation of Independent Review Panels under Article 4 of the WTO Agreement on PSI. zL k/   `Fu 10.DPlease indicate below in which official language of the WTO (English/French/Spanish) you would like the decision  `Fucommunicated to you: ! zH^ /   `F`u 11.RESPONDENT'S DECLARATION I hereby declare that:  _GuDDa.~~I am the respondent/an authorized employee/an authorized representative of the respondent.  _GDub.~~The information contained herein is, to the best of my knowledge, correct.  _Guc.~~The experts nominated by me, in Section 5 of this form, to serve as panel members are not affiliated to me or my company. !~  _G!ud.~~I or my company recognize that the Rules of Procedure for the Operation of Independent Review Panels under Article4 of the WTO Agreement on PSI shall apply to this review. !~  _Gt#uFULL NAME:.......................................................POSITION: ................................................................. COMPANY NAME: ................................................................................................................................. `DDDSIGNED:................................................................................................................................................ ! DAT:....................................................................................................................................................... ! DON: ...................................................................................................................................................... ! `DDHX *0--z%i3x6 llx  ic) (TT)NTCourierX E ?ddx ?dd/b E H$ !   U_'#&n PE37 vF&P#  WTO AGREEMENT ON PRESHIPMENT INSPECTION ă  S3' @ (Article 4: Independent Review Procedures ă  U'+ QUESTIONNAIRE FOR EXPERTS TO BE NOMINATED BY THE  S'rINTERNATIONAL FEDERATION OF INSPECTION AGENCIES ă  ]!8This form is to be completed by persons prepared to be nominated for inclusion in the list of  ]!experts, in accordance with Article 4 of the WTO Agreement on Preshipment Inspection, from  ]!which a preshipment inspection entity may select one of the members of a panel which will be formed to conduct an Independent Review of preshipment inspection activities.  ]!RThe information provided in this form, with the exemption of addresses, telephone/fax/telex numbers and date of birth, may be included in the publicly available list of experts.  U ' Personal Information :  U} ' tDD Family Name: d7 7 3 Title/Mr./Mrs./Miss:  !` ! !ă  UM' First Name: d7 7 3 !  U' Date of Birth: d7 7 3 Nationality:  !` ! !ă  U' t DD Dv  (day/month/year) !  S'Qualifications (Academic and Professional):  DD  UW'` ! !ă  U%'` ! !ă  S'tDD Present Position: 0  Department:  !` ! !ă  U'D$;;  (where applicable) ! Business Name & Address:  U'D$;;  Phone:  !` ! ! à  S'D$;; Mobile:  !` ! !ă  S'D$;; Fax:  !` ! !ă  Se'D$;; Telex:  !` ! !ă Personal Address:  U' D$;;  Phone:  !` ! ! à  Sm'D$;; Mobile:  !` ! !ă  S;'D$;; Fax:  !` ! !ă  S 'D$;; Telex:  !` ! !ă  U '  ]!"Please indicate below the languages you are familiar with, including your mother tongue, and your level of proficiency in each language (i.e. fair or fluent) $! J ?dd/b !?dd=$ J $  C  Language:% QOral:% Written  $   T& T&   :% X' X'   >& \( \(   B' `) `)    F( 8C  *8 *8   J)8  "N*0--l(4'" J !?dd=$ A?ddGb J J)    Uw' PROFESSIONAL EXPERIENCE : Please list, in the spaces below, your areas of expertise both past and present:    U6'tDD A.ccEMPLOYMENT SECTOR : !cE! .   UQ'(i)ccManufacturing industries: e.g. chemicals, pharmaceuticals, petroleum, agricultural, minerals, machinery, electronics, consumer products, etc. !c 7!DDccZ  ccZ   U'N + L (ii)ccService industries: e.g. legal, banking, insurance, accounting, freight forwarding, inspection, etc. !c ccZ  ccZ   U- 'N L (iii)ccGeneral trading: e.g. general trader, buying agent, general importer/exporter, retailer !c ccZ  ccZ   U 'N L (iv)ccGovernment: !c ccZ  ccZ   U' B.ccDISPUTE SETTLEMENTS: Please provide details below if you have experience in dispute settlements. !c ccZ  ccZ    7!: 7!DD _L  L I confirm that:  U7'N L 1.ccI have commercial or legal experience in international trade. !c  UU' L 2.ccI am normally: 3L  !c  U'cc(A)Available to serve as an expert at short notice. !c  U'cc(B)fsufficiently flexible to be able to find time for up to eight working days. !  Uc'cc(C)fwilling to travel on occasions when panels have to meet or onsite inspection is unavoidable. !  U'N L 3.ccI accept the current Scale of Fees and Expenses for Experts of Independent Review Panels, dated 1 February 1995 and understand that this may be revised from time to time. !c  U'N [#L 4.ccAll information made available during an Independent Review will be treated by me in confidence and will not be revealed to third parties without the consent of both parties to the dispute. !c  U!'N &L 5.ccAll information provided in this form is correct to the best of my knowledge. !c ccSigned ....................................... Date ............................................ E! ."O%0--"" @ A?ddGb a?dd&b @ E! %  "   UV'  WTO AGREEMENT ON PRESHIPMENT INSPECTION ă  S*' @ (Article 4: Independent Review Procedures ă  O@N  U'+ QUESTIONNAIRE FOR EXPERTS TO BE NOMINATED BY THE  S[' "INTERNATIONAL CHAMBER OF COMMERCE ă  O@-N  U' ]!8This form is to be completed by persons prepared to be nominated for inclusion in the list of  ]!experts, in accordance with Article 4 of the WTO Agreement on Preshipment Inspection, from  ]!which an exporter may select one of the members of a panel which will be formed to conduct  U.'an Independent Review of preshipment inspection activities.  U'  ]!The information provided in this form, with the exception of addresses, telephone/fax/telex numbers and date of birth, may be included in the publicly available list of experts.  UH ' Personal information :  U ' : 7! tDD Family Name: d7 7 3 Title/Mr./Mrs./Miss:  !` ! !ă  U ' First Name: d7 7 3 !  U' Date of Birth: d7 7 3 Nationality:  !` ! !ă  UV' t DD Dv  (day/month/year) !  S'Academic Degrees:  DD  U'` ! !ă  S\' Professional Qualifications:  U*'` ! !ă  S'tDD Present Position: 0  Department:  !` ! !ă  U'D$;;  (where applicable) ! Business Name and Address:  U'D$;;  Phone:  !` ! ! à  S'D$;; Mobile:  !` ! !ă  S'D$;; Fax:  !` ! !ă  Sj'D$;; Telex:  !` ! !ă Personal Address:  U' D$;;  Phone:  !` ! ! à  Sr'D$;; Mobile:  !` ! !ă  S@ 'D$;; Fax:  !` ! !ă  S!'D$;; Telex:  !` ! !ă  U!'  ]!"Please indicate below the languages you are familiar with, including your mother tongue, and your level of proficiency in each language (i.e. fair or fluent).  %" J a?dd&b ?dd= % J  %    C  Language?& QOral?& Written   % ^' ^'   ?& b( b(   C' f) f)   G( j* j*    K) 8C  +8 +8   O*8  "S+0--/)'" J ?dd= % ?ddGb J O*    Uw' PROFESSIONAL EXPERIENCE : Please list, in the spaces below, your areas of expertise both past and present:    U6'tDD A.ccEMPLOYMENT SECTOR : !c"    UQ'(i)ccManufacturing industries: e.g. chemicals, pharmaceuticals, petroleum, agricultural, minerals, machinery, electronics, consumer products, etc. !c 7!DDccZ  ccZ   U'N + L (ii)ccService industries: e.g. legal, banking, insurance, accounting, freight forwarding, inspection, etc. !c ccZ  ccZ   U- 'N L (iii)ccGeneral trading: e.g. general trader, buying agent, general importer/exporter, retailer !c ccZ  ccZ   U 'N L iv)ccGovernment !c ccZ  ccZ   U' B.ccDISPUTE SETTLEMENTS: Please provide details below if you have experience in dispute settlements. !c ccZ  ccZ    7!: 7!DD _L  L I confirm that:  U7'N L 1.ccI have commercial or legal experience in international trade. !c  UU' L 2.ccI am normally: 3L  !c  U'cc(A)fAvailable to serve as an expert at short notice of export. !  U'cc(B)fsufficiently flexible to be able to find time for up to eight working days. !  Uc'cc(C)fwilling to travel on occasions when panels have to meet or onsite inspection is unavoidable. !  U'N L 3.ccI accept the current Scale of Fees and Expenses for Experts of Independent Review Panels, dated 1 February 1995 and understand that this may be revised from time to time. !c  U'N [#L 4.ccAll information made available during an Independent Review will be treated by me in confidence and will not be revealed to third parties without the consent of both parties to the dispute. !c  U!'N &L 5.ccAll information provided in this form is correct to the best of my knowledge. !c ccSigned ....................................... Date ............................................ " "!&0--#" @ ?ddGb ?dd& b @ "#  !   UV'  WTO AGREEMENT ON PRESHIPMENT INSPECTION ă  S*' @ (Article 4: Independent Review Procedures ă  O@N  U'+ QUESTIONNAIRE FOR EXPERTS TO BE NOMINATED BY THE  S['jINDEPENDENT ENTITY ă  O@-N  U' ]!8This form is to be completed by persons prepared to be nominated for inclusion in the list of  ]!experts, in accordance with Article 4 of the WTO Agreement on Preshipment Inspection, from  ]!which the Independent Entity may select chairpersons of panels which are formed to conduct  U.'Independent Reviews of preshipment inspection activities.  U'  ]!The information provided in this form, with the exception of addresses, telephone/fax/telex numbers and date of birth, may be included in the publicly available list of experts.  UH ' Personal information :  U ' : 7! tDD Family Name: d7 7 3 Title/Mr./Mrs./Miss:  !` ! !ă  U ' First Name: d7 7 3 !  U' Date of Birth: d7 7 3 Nationality:  !` ! !ă  UV' t DD Dv  (day/month/year) !  S'Qualifications (Academic and Professional):  DD  U'` ! !ă  U' ` ! !ă  S*'tDD Present position: 0  Department:  !` ! !ă  U'D$;;  (where applicable) ! Business Name and Address:  Ub'D$;;  Phone:  !` ! ! à  S2'D$;; Mobile:  !` ! !ă  S'D$;; Fax:  !` ! !ă  S'D$;; Telex:  !` ! !ă Personal Address:  U' D$;;  Phone:  !` ! ! à  S'D$;; Mobile:  !` ! !ă  S'D$;; Fax:  !` ! !ă  Sr'D$;; Telex:  !` ! !ă  U@ '  ]!"Please indicate below the languages you are familiar with, including your mother tongue, and your level of proficiency in each language (i.e. fair or fluent). #! J ?dd& b ?dd=# J #    C  Language$ QOral$ Written  # % %   $ & &   % ' '   & ( (    ' 8C  *8 *8   (8") 0--'q&" J ?dd=# ?ddG!b J (    Uw' PROFESSIONAL EXPERIENCE : Please list, in the spaces below, your areas of expertise both past and present:    U6'tDD A.ccEMPLOYMENT SECTOR : !c"    UQ'(i)ccManufacturing industries: e.g. chemicals, pharmaceuticals, petroleum, agricultural, minerals, machinery, electronics, consumer products, etc. !c 7!DDccZ  ccZ   U'N + L (ii)ccService industries: e.g. legal, banking, insurance, accounting, freight forwarding, inspection, etc. !c ccZ  ccZ   U- 'N L (iii)ccGeneral trading: e.g. general trader, buying agent, general importer/exporter, retailer !c ccZ  ccZ   U 'N L (iv)ccGovernment !c ccZ  ccZ   U' B.ccDISPUTE SETTLEMENTS: Please provide details below if you have experience in dispute settlements. !c ccZ  ccZ    7!: 7!DD _L  L I confirm that:  U7'N L 1.ccI have commercial or legal experience in international trade. !c  UU' L 2.ccI am normally: 3L  !c  U'cc(A)fAvailable to serve as an expert at short notice. !  U'cc(B)fsufficiently flexible to be able to find time for up to eight working days. !  Uc'cc(C)fwilling to travel on occasions when panels have to meet or onsite inspection is unavoidable. !  U'N L 3.ccI accept the current Scale of Fees and Expenses for Experts of Independent Review Panels, dated 1 February 1995 and understand that this may be revised from time to time. !c  U'N [#L 4.ccAll information made available during an Independent Review will be treated by me in confidence and will not be revealed to third parties without the consent of both parties to the dispute. !c  U!'N &L 5.ccAll information provided in this form is correct to the best of my knowledge. !c ccSigned ....................................... Date ............................................ " "!&!0--#" @ ?ddG!b !?ddG"b @ "*  3   Uw'^ ADVANCE DEPOSIT TARIFF ă  S' Icc Applications for an Independent Review, in accordance with Article 4 of the WTO  Agreement on Preshipment Inspection, should be accompanied by an advance  deposit (in case a bank guarantee has not been secured in favour of the IE), which is currently fixed at Sw F 17,500.}c  mK7'# Z PE37 P#Notes :  lK'  (1)ccThe Independent Entity will also require the respondent to lodge an advance deposit, in case a bank guarantee has not been secured by the respondent in favour of the IE, at the same tariff. !c  lK '  (2)ccThe cost of the Independent Review will be apportioned by the Independent Review Panel between the parties, based on the merits of the case. !c ccPart or all of the advance deposit or bank guarantee (less costs) will be refunded or released, if appropriate. !c  lKz '(3)ccThe advance deposit:  lK ' 7  cc(a)~~covers the estimated costs of the Independent Review Panel (i.e. fees and expenses of the panel members, incidental expenses, etc.) and the attributable administrative costs of the Independent Entity; !~  lK'cc(b)~~does not cover additional costs which may be incurred by the Independent Review Panel !~  lKX'  (4)ccThe costs incurred directly by the parties (such as legal costs, administrative expenses or sending a personal representative to a meeting with the Independent Review Panel) will be for their own respective accounts. !c *  3   X' # Xx PE37RXP# {gINDEPENDENT ENTITY  X* 'D#&n PE37 vF&P#WTO Secretariat eCentre William Rappard oRue de Lausanne 154 lCH 1211 Geneva 21 (bTel. No. (022) 739.51.11  SU$'3cFax No. (022) 731.42.06# Xx PE37RXP#у  Y'%'  *  ?(