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Without prejudice
Limited distribution for TiSA participants only
15 October 2015

Article I-[ ]: Transparency


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 Parties to
become acquainted with them.


To the extent [CA/CL/CO/CR/TW/JP/KR/NO/PE/US propose: possible] [CH/LI propose:

prescribed by its domestic law and legal system] [AU/HK/MX/NZ propose: practicable and in
a manner consistent with its domestic law and legal system] each Party
propose: may]:



publish in advance [LI oppose: any measure] [LI propose: measures] referred to in
paragraph 1 that it proposes to adopt [EU/AU/NZ propose: or publish information (for
example in a policy proposal, consultation document, discussion document, summary of
regulation or other such document) that contains sufficient detail to adequately [NZ
propose: inform] [EU/AU propose: allow] interested persons and other Parties [NZ
propose: about] [EU/AU propose: to assess] whether and how their trade interests
might be [EU/AU propose; NZ considering: significantly] affected]; and


[TR oppose: provide [NZ propose: where appropriate,] interested persons and other
Parties a reasonable opportunity [EU/LI propose as Alternative to sub Paragraph 3:
reasonable opportunity, including sufficient time] to comment on such proposed
measure.] [EU propose; NZ considering: or to provide input through a public
consultation process.]

[US/AU/JP propose; EU oppose: When a Party provides an opportunity to comment on

proposed regulations of general application under paragraph 2(b), the Party should provide
sufficient time for interested persons or another Party to evaluate the proposal and formulate
and submit comments.]

The US proposes that each Party may define, and set out, in an annex or other appropriate
instrument, which of its measures are captured by the term "regulation" where it appears in
paragraphs 3 and 6. For the United States, "regulations" refers to regulations at any level of


Copy for the Council and the European Parliament

Copy for the Council and the European Parliament
Without prejudice
Limited distribution for TiSA participants only
15 October 2015


[US/AU/JP/NO/PE propose; CO/CL/HK/MX considering: A Party shall consider any

comments received under paragraph 2b and, [NO considering: in publishing a final measure,]
is encouraged to explain substantive revisions made.]


For purposes of paragraphs 1 and 2:



US/AU/CO/HK/JP/PE/CA/CL/EU/NO/PE/TW support; MX considering: "publish"

means to include in an official publication, such as an official journal, or on an official
website, preferably consolidated into a single portal; and


US/AU/CO/HK/JP/MX propose; PE considering: where [CH oppose: authorities

deem] [CH propose: a Party deems] appropriate, publication of [CH oppose: a
proposed or final measure] [CH propose: proposed or final measures] shall be
accompanied by an explanation of its purpose and rationale.]

considering; HK/PA oppose: Each Party shall, to the extent possible, allow reasonable time
between publication of a [TR oppose: regulation; TR propose: measure] and its [effective
date] [entry into force] [entry into effect]].

EU considering the scope of this paragraph.


[AU/CA/CL/CO/CR/EU/HK/IL/IS/JP/KR/Ll/MX/NO/NZ/PE/TW/US propose: Each Party

shall maintain or establish appropriate mechanisms [CH propose: such as contact points] for
responding [PE propose: to the extent possible] to enquiries from [CH propose; TR
considering: service suppliers] [CH/EU/PE/TR oppose: interested persons] regarding its
[EU/lS/NO oppose: regulations] relating to the subject matter of this Agreement.]


[CH propose: Nothing in this Annex shall require a Party to provide information or to
communicate in a language other than its language or languages.]


[US propose: Paragraphs 2 through [8] do not apply to taxation measures.]


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