CHAPTER 26

TRANSPARENCY AND ANTI-CORRUPTION

Section A:  Definitions

Article 26.1:  Definitions

For the purposes of this Chapter:

act or refrain from acting in relation to the performance of official duties includes any use of the public official’s position, whether or not within the official’s authorised competence;

administrative ruling of general application means an administrative ruling or interpretation that applies to all persons and fact situations that fall generally within the ambit of that administrative ruling or interpretation and that establishes a norm of conduct, but does not include:

 (a)       a  determination  or  ruling  made  in  an  administrative  or  quasi- judicial  proceeding that  applies  to  a particular  person,  good  or service of another Party in a specific case; or

 (b)       a ruling that adjudicates with respect to a particular act or practice;

foreign public official means any person holding a legislative, executive, administrative or judicial office of a foreign country, at any level of government, whether appointed or elected, whether permanent or temporary, whether paid or unpaid, irrespective of that person’s seniority; and any person exercising a public function for a foreign country, at any level of government, including for a public agency or public enterprise;

official of a public international organisation means an international civil servant or any person who is authorised by a public international organisation to act on its behalf; and

public official means:

 (a)       any  person  holding  a  legislative,  executive,  administrative  or judicial office of a Party, whether appointed or elected, whether permanent or temporary, whether paid or unpaid, irrespective of that person’s seniority;

 (b)       any  other  person  who  performs  a  public  function  for  a  Party, including for a public agency or public enterprise, or provides a

public service, as defined under the Party’s law and as applied in

the pertinent area of that Party’s law; or

 (c)       any other person defined as a public official under a Party’s law.1

Section B:  Transparency

Article 26.2:  Publication

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

2.         To the extent possible, each Party shall:

 (a)       publish in advance any measure referred to in paragraph 1 that it proposes to adopt; and

 (b)       provide  interested  persons  and  other  Parties  with  a  reasonable opportunity to comment on those proposed measures.

3.         To the extent possible, when introducing or changing the laws, regulations or procedures referred to in paragraph 1, each Party shall endeavour to provide a reasonable period between the date when those laws, regulations or procedures, proposed or final in accordance with its legal system, are made publicly available and the date when they enter into force.

4.         With respect to a proposed regulation2 of general application of a Party’s central level of government respecting any matter covered by this Agreement that is likely to affect trade or investment between the Parties and that is published in accordance with paragraph 2(a), each Party shall:

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