The much awaited National Records Management Policy for government was implemented by the Public Service Commission through Circular no. at 20. IMPLEMENTATION OF THE NATIONAL RECORDS MANAGEMENT POLICY. [12] See Draft Chapter on Investment, PIC Proposed Article 25 “Trade in Services and Investment Committee.”. $�X��L^��HǤm��q��P�����!W�����þ:�&����M��M�����Mq1���Zϧ�gY�٬����(��D_QZ�����+x�T4��xM䇼�P!Ӫ�� The Center provides specially trained mediators. If the disputing parties cannot agree on the mediator pursuant to paragraph 1, either disputing party may request either [the Dispute Prevention Committee or the Secretary-General of ICSID, pursuant to the ICSID Convention or the ICSID Additional Facility Rules if applicable]: A mediator shall not be a national of either Party, unless the disputing parties agree otherwise. A Services Provider is required to establish the PACER Plus Implementation Unit (IU) as an independent legal entity in the Host Country. The name of any body established or indicated in accordance with paragraph 1 of this article shall be deposited by the State Party concerned with the, A register of petitions shall be kept by the body established or indicated in accordance with paragraph 1 of this article, and, In the event of failure to obtain satisfaction from the body established or indicated in accordance with paragraph 1(a)-(. The Parties to PACER Plus will appoint a suitably qualified and experienced person to work as a short-term project administrator/manager for the interim virtual Implementation Unit, reporting to the DFAT on behalf of the PACER Plus Interim Arrangements Working Group. At the request of the disputing parties, the mediator shall issue a draft factual report to the disputing parties, providing a brief summary of: States Parties undertake to submit a report to the Committee for its review on the legislative, judicial, administrative or other measures which they have adopted and which give effect to the provisions of this agreement. If the PICs wish, it is possible to set-up a separate mechanism for state-to-state investment issues. For the filling of casual vacancies, the State Party whose expert has ceased to function as a member of the Committee shall appoint another expert from among its nationals, subject to the approval of the Committee. Solomon Islands. The guidelines will focus on PACER Plus obligations related to Rules of Origin (ROO) and Customs Procedures as well as COVID-19 measures. The Samoa Ministry of Foreign Affairs and Trade (MFAT) confirmed in a press release that “the Government of Samoa notified the PACER Plus Depository in Tonga on the 28 June 2019, of its commitment, as approved by Cabinet on the 8th of May 2019, to implement the obligations of the PACER Plus when the agreement enters into force,” reads the release. The PACER Plus Implementation Unit will be established to implement the Work Programme which will benefit Parties to the Agreement. Such appointment may include appointing a mediator from the roster established pursuant to Article [insert article number] of Chapter [insert chapter number] [the roster established by the Dispute Prevention Committee]. The Parties shall disseminate relevant investment information, making such information available to investors or potential investors of the other Parties. Echandi considers these channels of communication as central for effective dispute prevention systems. UNCTAD, supra note 2, at 145. 7 0 obj However, the mediator shall not advise or give comments on the consistency of the measure at issue with Article X (Investment Protection) of this Agreement. The parties to the mediation shall endeavor to reach a mutually agreed solution within sixty days from the appointment of the mediator. PCREEE Staff with Dr. Peter van Dierment, Mr. James McGovern & Dr. Taniela Fusimalohi - PACER Plus Implementation Unit Design Team: 15/08/2018 PCREEE joined the Ministry of MEIDECC at the 'Eua Royal Agricultural Show 2018 - 24/07/2018 [10] Id. Full Details. The Pacific Agreement on Closer Economic Relations - Plus (PACER-Plus) agreement between Australia, New Zealand and 12 Pacific Island countries was finalised in Brisbane in April 2017. The meetings of the Committee shall normally be held at [Vanuatu City Hall or via electronic means if all State-parties so agree]. They also have an aftercare role to assist foreign investors comply with their terms of registration. The Parties shall establish ombudspersons who will be primarily responsible for each Party’s. Tonga is one of four Pacific Island countries that is supporting a proposal for the establishment of a Regional Secretariat for labour mobility initiatives and a PACER Plus Implementation Unit. The Labour Mobility Arrangement is said to be a key outcome of the PACER Plus negotiations with annual talks to be held at a … If the parties to the mediation cannot agree on the mediator within the established time frame, either party may request the appointment of a mediator by: The mediator shall act in an impartial and transparent manner. We might also regulate more clearly how the state-to-state mechanism interacts with the investor-state mechanism, but again, this would be unusual. at 28. Each Party shall draw up the terms of reference to guide the overall operation of ombudspersons, providing expressly, as appropriate, deadlines for the implementation of each of the ombudsperson’s duties and responsibilities. The Committee shall be composed of representatives of the Governments of the Parties. The Dispute Prevention Committee shall have the following duties and powers: monitor the implementation and execution of the dispute prevention portions of this Agreement; discuss dispute prevention best practices and facilitate capacity building in this area; seek consensus and amicably resolve any issues or conflicts related to investments of the Parties. The mediator may offer advice and propose a solution for consideration of the disputing parties who may accept or reject the proposed solution or may agree on a different solution. Where the parties have agreed to a solution, each party shall take the measures necessary to implement the mutually agreed solution within the agreed timeframe. An investor of a Party may request, at any time, that another Party enter into a mediation procedure. So much so that we have submitted our bid for its Implementation Unit to be based in Honiara.” Mr. Sisilo said. [53] See World Bank Group, Global Investment Promotion Best Practices 2012, at p. 47, available at www.wbginvestmentclimate.org. Investors and states agree such procedures are “too costly, too slow and too indeterminate.”. [as well as] master [an understanding of] the rights and obligations derived from [the agreement].” Echandi supra note 3, at 29. The mediation procedure is without prejudice to the Parties’ rights and obligations under Chapter [. If the dispute cannot be resolved pursuant to this provision, the Parties may resort to. PCREEE Staff with Dr. Peter van Dierment, Mr. James McGovern & Dr. Taniela Fusimalohi - PACER Plus Implementation Unit Design Team: 15/08/2018 10 0 obj The PACER Plus Implementation Unit will be established to implement the Work Programme which will benefit Parties to the Agreement. However, these agreements do no contain investor-state dispute settlement provisions and are excluded from this table. [40] Article 9.17 provides for Mediation and Alternative Dispute Resolution. call 1800 934 117 . [13] He notes “officials should become familiar with the basic notion of conflict management and how it interacts with dispute resolution. 1 0 obj The procedure shall take place in the territory of the party to which the request was addressed or, by mutual agreement, in any other location or by any other means. Treaty News Quarterly 13 (Int’l Inst. Officials agreed at a 15 October 2020 meeting to recommend to PACER Plus Trade Ministers that the PACER Plus Implementation Unit (PPIIU) be established in Samoa after a competitive bidding process. x��Vm��6������$�ߝH+��ړP��>��*��d������@@��g�yy<6pw7��&��CM��o�Á3ι��;p���*��|�E�#`�s+�n-�>u;�u;0��N ��h��fT’X�2#�h��0�qF3�3;� X�t;O�����ng�N�ؖ s�Pھ��L���QPm�%����~׽���y�2 Sd3%�S4��������7C���*m�8�����u��3�G#�9��6.�����X��G�yY�� 8"���Ǿ�������p�|v��ep�Fϫh��aZ����_)�Y��|}H��c,�}u�g���qyV��T �?I�K�H`�z��z��� ��I�N0q1��}5��SL�/ɤ����V�}U�rb�LT�MZ��b��&j�y�!�U�唱�!m6X�T��H����ev-�2Q�$�f����-k_�����(w'(�~���t�~� <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 720 540] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> The Tender will close 12 February 2021. endobj The ombudsperson should respond promptly to communications and requests from the other Parties. The mediator may decide on the most appropriate way of bringing clarity to the measure concerned and its possible adverse effects on investment. To enhance the development of a sound enabling investment environment through the provision of adequate, accurate and timely information for investor decision through effective administration of existing programs of assistance. a) representative(s) of the interested investor(s); b) representatives of governmental and non­governmental organizations involved in the situation. For purposes of this Agreement, the Parties shall establish a Joint Committee on Dispute Prevention hereinafter “Dispute Prevention Committee”. . It provides greater certainty around tariffs and creates efficiencies in clearing customs. endobj A Services Provider is required to establish the PACER Plus Implementation Unit (IU) as an independent legal entity in the Host Country. . Within ten days after the appointment of the mediator, the party having invoked the mediation procedure shall present, in writing, a detailed description of the problem to the mediator and to the other party. PACER Plus negotiations began in 2009 and concluded in 2017. 5 0 obj See The Investment Chapter of The Free Trade Agreement between the European Union and Singapore (Oct. 2014), available at http://investmentpolicyhub.unctad.org/Download/TreatyFile/3247. [42] Annex 9-B contains a Code Of Conduct For Arbitrators and Mediators. The Trade Promotion Unit of the TradeInvest & Business Development division of the Ministry of Commerce, Tourism & Labour. States Parties shall be responsible for the expenses of the members of the Committee while they are in performance of Committee duties. Kingdom in Europe, Counterclaims in Investor-State Dispute Settlement (ISDS) under International Investment Agreements (IIAS), Mandatory mediation maximizes participation, ADR may preserve business relationships because it is less contentious than traditional dispute settlement, Early intervention (before dispute escalates), Mediation requires experienced mediators with multidisciplinary knowledge, Stakeholder engagement: stakeholders from investors, government, and civil society could submit information to the committee regarding concerns, Transparency: regular review/discussions would increase transparency, Depending on the model(s) chosen, costs may be an important consideration. The parties to the mediation shall endeavor to agree on a mediator no later than fifteen [working/business] days after the receipt of the reply to the request referred to in paragraph 4. This money is to be administered through an independent PACER Plus Implementation Unit and will focus on assisting parties implement their obligations under the agreement. http://www.rmiembassyus.org/Econ%20Invest/National%20Investment%20Policy%20Statement%5b1%5d.pdf, Industry Development & Investment Promotion Division (IDIPD). For more information about “Fiji Mediation Services,” see here: http://www.asianmediationassociation.org/node/20; For more information about the US-China Business Mediation Center, see here: http://www.cpradr.org/PracticeAreas/InternationalInitiatives/EmergingMarkets/AsiaPacific/CPRinChina/USChinaBusinessMediationCenter.aspx. �h_+�т�^�&o�]�a Further, in 2004, the US-China Business Mediation Center was established to resolve commercial disputes between American and Chinese businesses. dialogue and consultation may be concluded at the initiative of. The mediator shall assist, in an impartial and transparent manner, the disputing parties in bringing clarity to the measure and its possible adverse effects on investment, and reaching a mutually agreed solution. Before initiating formal dispute resolution, any dispute between the parties should be assessed through consultations and negotiations, and examined preliminarily by the Dispute Prevention Committee. Id. The Transition phase will allow the handover of customised administrative systems to the IU itself (once an established independent legal entity) should Signatories choose to adopt IU self-administration. This funding will be administered through an independent PACER Plus Implementation Unit and will focus on assisting parties implement their … <> “A better understanding of the agreement and its provisions by customs officers and traders will achieve one of the aims of the Agreement, which is to facilitate and increase regional trade in the Pacific,” Mr. Brennan added. 10 of 2011. %PDF-1.5 $.' 4 0 obj However, before seeking the assistance of or consulting with relevant experts and stakeholders, the mediator shall consult with the disputing parties. PACER Plus Ministers, via communique, welcomed entry into force of the Agreement and looked forward to establishing the Implementation Unit in Samoa in 2021. at 3. stream ANZ have commissioned a technical design of the PACER Plus Implementation Unit and year 1 work plan, which Signatories will consider in late 2018 and early 2019. 42. On average, 82% of this amount is attributable to legal fees. Id. It facilitates the development of the industrial sector through active promotion of both local and foreign investment in the country. [44] Text based on Model Agreement iisd, supra note 33, at Art. A disputing party may request, at any time, the initiation of a mediation procedure. It is also dedicated to facilitating the development of businesses through the provision of professional, timely and knowledgeable business support services and advice to businesses across Tonga. A party may make such solution subject to the completion of any necessary internal procedures. However, either Party may disclose to the public that mediation is taking place. endobj Please see the link below and please share widely with your networks and local suppliers. <> The Committee shall determine its own rules of procedure. 12 0 obj <> The Dispute Prevention Committee shall, whenever possible, convene a special meeting to review the questions so referred. <> [21] See Presentation at World Inv. [51] See http://www.asianmediationassociation.org/node/15. Solomon Islands population, by world standards, is young and rural. 12 (June 25, 2012). Each Party shall designate its ombudsperson and shall provide official contact information to all other Parties. The growing momentum of PACER Plus was evident when the Pacific Connections unit of the Ministry of Foreign Affairs and Trade (MFAT) hosted an update and conversation on the implementation of the PACER Plus Agreement at its Auckland office on Monday evening. So the sooner PACER-Plus enters into force, the sooner PACER-Plus can be implemented in a way that realises its potential as a catalyst for sustainable economic growth in the Pacific. For more information about Investment Fiji’s “Investor’s Portal,” see: http://www.investmentfiji.org.fj/pages.cfm/for-investors/investors-portal/. Close Date & Time: 12-Feb-2021 10:00 am (ACT Local ... Management advisory services. The Committee may, upon mutual consent of the Parties, invite representatives of relevant entities other than the Governments of the Parties with the necessary expertise relevant to the issues to be discussed, and hold joint meetings with private. [37] Annex I, United Nations Guidance for Effective Mediation of the Report of the Secretary-General of the United Nations to the General Assembly, Strengthening The Role Of Mediation In The Peaceful Settlement Of Disputes, Conflict Prevention And Resolution, A/66/811 at para. The procedure shall take place in the territory of the disputing party to which the request was addressed or by mutual agreement, in any other location or by any other means. The Division is comprised of the Trade Promotion Unit, Investment Promotion Unit, Marketing Intelligence Unit, and the Business Development Unit. Their responsibilities include promoting and facilitating foreign investment. [17] Mr. M. Daniel Godinho, Secretary of Foreign Trade for Brazil, Address at 2014 World Investment Forum: The Brazilian Experience With IIAs (16 Oct. 2014), available at http://unctad-worldinvestmentforum.org/wp-content/uploads/2014/10/Godinho.pdf. [36] Id. Id. for Sustainable Dev., Nov. 2014). With this distinction in mind, Echandi posits that “conflicts” can be reduced through extensive planning. ���� JFIF � � �� C (a) The Committee shall consider communications in the light of all information made available to it by the State Party concerned and by the investor-petitioner. To expeditiously facilitate, promote and foster foreign investment in Vanuatu and to generate greater economic prosperity for the people of Vanuatu. The mediator may offer advice and propose a solution for consideration of the parties who may accept or reject the proposed solution or may agree on a different solution. The parties shall share equally the expenses derived from organizational matters, including the remuneration and expenses of the mediator. 11 0 obj PACER Plus Implementation Package. The Labour Mobility Arrangement, a key outcome of the PACER Plus negotiations, is now being implemented including the convening of the Pacific Labour Mobility Annual Meeting (PLMAM). The Parties shall establish a Joint Committee on Trade in Services and Investment (hereinafter referred to as “the Committee”) with a view to accomplishing the objectives of Chapters [insert chapter number] and [insert chapter number]. A Services Provider Is Required To Establish The Pacer Plus Implementation Unit (Iu) As An Independent Legal Entity In The Host Country. This DPM could be included as a provision in proposed Article 22 of the Investment Chapter, or may require an additional article ( see Part V for draft treaty text to create a DPM). 8 0 obj The Committee shall elect its officers for a term of two years. The Parties to PACER Plus will appoint a suitably qualified and experienced person to work as a short-term project administrator/manager for the interim virtual Implementation Unit, reporting to the DFAT on behalf of the PACER Plus Interim Arrangements Working Group. endobj [3]Roberto Echandi, “Towards a New Approach to Address Investor-State Conflict: Developing a Conceptual Framework for Dispute Prevention,” NCCR Trade Regulation Working Paper No 2011/46, 4 (August 2011). PACER Plus Communique December 2020 PACER Plus to enter into force 14 October 2020 following-up with government officials to ensure that investment related applications are processed efficiently. In particular, the mediator may organize meetings between the disputing parties, consult the disputing parties jointly or individually, seek the assistance of or consult with relevant experts and stakeholders and provide any additional support requested by the disputing parties. stream As part of the preparations for entry into force, work is already under way to establish a PACER-Plus implementation unit, which is expected to be hosted by a Pacific country, not New Zealand. report to the Dispute Prevention Committee regarding his/her activities and actions in furtherance of this agreement. The Division coordinates information on the state of industry and economic development and works closely with the Ministry of Foreign Affairs and Trade on trade related issues. [24] Id. A Services Provider is required to establish the PACER Plus Implementation Unit (IU) as an independent legal entity in the Host Country. [23] Herbert Smith, Brazil has Signed Investment Cooperation and Facilitation Agreements with Mozambique and Angola, available at https://www.lexology.com/library/detail.aspx?g=21d9da21-aced-4b7a-b95c-c63504996435. Such request shall be addressed to the other party in writing. It maintains the Foreign Investors registry and follows up on status of those investments. endobj The members of the Committee shall be elected for a term of four years. al, Introduction: Global Governance by Indicators in Governance by Indicators Global Power through Quantification and Rankings, at 3-4 (IILJ 2012). b) identification of interested investors; c) description of the measure to which the request relates; and. <> There shall be established a Committee on the Implementation of the PACER Plus Dispute Prevention Mechanism (hereinafter referred to as the Committee) consisting of, The members of the Committee shall be elected by secret ballot from a list of persons nominated by the States Parties. �k��V��'%�OGǔv��`x�X!��a�n��0)���C� n.��=�Û�T�i �������}�0D:�U���n@�� (noting further “Mediators are most successful in assisting negotiating parties to forge agreements when they are well informed, patient, balanced in their approach and discreet.”). These reports shall be maintained for public examination. Effective mediation facilitates an open exchange between the parties to mediation. Recourse to mediation shall be governed by the rules agreed to by the disputing parties including, if available, the rules established by the Trade in Services and Investment Committee pursuant to Article [XXX]. The Government of Samoa has welcomed the Pacific Agreement on Closer Economic Relations (PACER) Plus trade agreement despite local voices of caution on its economic effects. The solution may be adopted by means of a decision of the Committee on XX [Dispute Prevention Committee]. Description: PACER Plus Implementation Unit establishment and administration services. PACER Plus improves market access for New Zealand suppliers and investors. Since its beginning nearly a decade ago, the PACER Plus agreement has been hailed by New Zealand as a win-win scenario for the Pacific. [11] Investment Fiji has created an “Investor’s Portal” meant to function as “one stop for all your queries regarding doing business in Fiji.” Investors can provide basic information about themselves to register (e.g. Most recently a brochure on ‘PACER Plus: Benefits for Pacific Island countries’, has been produced outlining key aspects of the negotiation. A Services Provider is required to establish the PACER Plus Implementation Unit (IU) as an independent legal entity in the Host Country. A Party, or an investor of a Party, shall not rely on or introduce as evidence in such dispute settlement procedures, nor shall a panel take into consideration: Unless the Parties agree otherwise, all steps of the procedure, including any advice or proposed solution, are confidential. The Pacific Agreement on Closer Economic Relations (PACER) Plus (‘Plus’ meaning special added features to include development as well as trade aspects) is now set to become a binding agreement between Australia, New Zealand and all FICs – including Cook Islands – who ratify it. [15] For more information about the program provided by DLA Piper, see her: http://www.dlapiperprobono.com/what-we-do/signature/pro-bono/pacific-islands.html. The purpose of this procurement is to procure services to design an Implementation Unit that supports the implementation of PACER Plus from the date it enters into force (anticipated in 2019). The ombudsperson shall perform the following tasks: interacting with the relevant domestic government authorities to evaluate and recommend, where appropriate, referral of suggestions and complaints received from the governments and investors of the other Parties, and informing the government(s) and/or interested investor(s) of such other Parties of the actions taken in this regard; provide timely and useful information to the Parties regarding domestic regulatory issues related to investments generally and in relation to specific projects. 3 0 obj <> The Committee shall adopt its own rules of procedure. As required under the Foreign Investment (Amendment & Validation) Act 2009 and Regulation 2006. [1] Traditionally, an integrated state-to-state mechanism is created in free trade agreements to hear both trade and investment disputes, while a unique system is created for private investors within the investment chapter. <>>> The party to which the request is addressed shall give sympathetic consideration to the request and reply by accepting or rejecting it in writing within, The disputing parties shall endeavor to agree on a mediator no later than. Echandi notes a possible drawback to this effort is that it might be perceived as “an informal way to promote diplomatic protection in disguise.” Id. [38] Jean E. Kalicki & Jean C. Choi, Mediation of Investor-State Disputes: Revisiting the Prospects, Kluwer Arbitration Blog (June 14, 2013), available at http://kluwerarbitrationblog.com/blog/2013/06/14/mediation-of-investor-state-disputes-revisiting-the-prospects/, [39] International Bar Association Rules for Investor-State Mediation, International Bar Association (Oct. 4, 2012), available at www.ibanet.org. Conflict is essentially a “problem unattended” and a dispute is a “unattended conflict which has evolved into a ‘defined, focused disagreement, often framed in legal terms.’” Id. As such, the mediation procedure is not intended to serve as a basis for formal dispute settlement procedures under any other agreement. The Committee shall include in its annual report a summary of such communications and, where appropriate, a summary of the explanations and statements of the States Parties concerned and of its own suggestions and recommendations. NZ is also developing a Monitoring & Evaluation framework in consultation with academics so that we can measure the success of the Agreement overtime, including development benefits. Each party shall bear its own expenses derived from the participation in the mediation procedure. A disputing investor may submit a claim referred to in Article 20 (Claim by an Investor of a Party) at the choice of the disputing investor: where the Philippines or Viet Nam is the disputing Party, to the courts or tribunals of that Party, provided that such courts or tribunals have jurisdiction over such claim; […]. ... An implementation unit will likely be based in … It also provides New Zealand businesses with legal protections that guarantee market access and treatment equivalent to that given to local and foreign competitors, unless subject to specific exceptions. endobj It is the first point of contact for all foreign investors seeking to invest in Tonga. The parties select the mediators and can “customize” the process in accordance with their particular needs. common law, similar to New Zealand common law, mixed legal system of common and customary law, common law system based on the English model, English common law supplemented by customary law, mixed legal system of common law based on the English model and customary law, mixed legal system of civil, common, and customary law, mixed legal system of English common law and customary law, mixed legal system of US and English common law, customary law, and local statutes, mixed legal system of English common law and customary law; judicial review of legislative acts with respect to fundamental rights of the citizen, mixed legal system of English common law and local customary law, mixed legal system of English common law, French law, and customary law. [35] Howard Mann, Konrad von Moltke, Luke Eric Peterson, & Aaron Cosbey, IISD Model International Agreement on Investment for Sustainable Development, IISD, available at https://www.iisd.org/pdf/2005/investment_model_int_agreement.pdf (hereinafter “Model Agreement iisd”). The mediator will assist the parties to the mediation to understand both parties’ understandings of the measure(s) at issue and the possible adverse effects on investment resulting from the measure(s), keeping in mind that the goal of mediation is for the parties to reach a mutually agreed solution. The PACER Plus Implementation Unit will be established to implement the Work Programme which will benefit Parties to the Agreement. Dispute prevention was conceptualized by UNCTAD in 2010 as the process of “minimizing potential areas of dispute through extensive planning in order to reduce the number of conflicts that escalate or crystallize into formal disputes.” Id. Vanuatu Investment Promotion Authority (VIPA). [33] Lina A. Alexandra, ASEAN Dispute Settlement Mechanism: Anything New?, The Jakarta Post (9 Apr. The Party to which such request is addressed shall give sympathetic consideration to the request and shall reply by accepting or rejecting it in writing within thirty [ten] days of its receipt. , including the remuneration and expenses of the TradeInvest & Business development Division is comprised of the mediator seek! Through Circular no name, email address, etc. ) & Business development Division is de..., this would be unusual the other party in writing of any steps or measures taken to implement the Programme... The expenses of the TradeInvest & Business development Division is responsible for the people of Vanuatu ( IU as. World Bank Group, Global investment Promotion Unit of the Governments of the may... Plus Agreement and invite relevant stakeholders s “ Investor ’ s “ Investor ’ s Portal, ” created 2008... 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