NAFTA: Treaty | Page 5

with the requesting Party.
Article 1802: Publication
1. Each Party shall ensure that its laws, regulations, procedures and
administrative rulings of general application respecting any matter
covered by this Agreement shall be promptly published or otherwise
made available in such a manner as to enable interested persons and
Parties to become acquainted with them.
2. To the extent possible, each Party shall:
(a) publish in advance any such measure that it proposes to adopt; and
(b) provide a reasonable opportunity for comment by interested persons
and Parties on such proposed measures.
Article 1803: Notification and Provision of Information
1. Each Party shall, to the maximum extent possible, notify any other
Party with an interest in the matter of any proposed or actual measure
that it considers might materially affect the operation of this Agreement
or otherwise substantially affect another Party's interests under this
Agreement.
2. Upon request of another Party, a Party shall promptly provide
information and respond to questions pertaining to any actual or

proposed measure, whether or not previously notified.
3. Notification and provision of information shall be without prejudice
as to whether the measure is consistent with this Agreement.
Article 1804: Administrative Proceedings
With a view to administering in a consistent, impartial and reasonable
manner all measures of general application affecting matters covered
by this Agreement, each Party shall ensure in its administrative
proceedings applying measures referred to in Article 1802 to particular
persons, goods or services of another Party in specific cases that:
(a) whenever possible, persons of another Party that are directly
affected by a proceeding are provided reasonable notice, in accordance
with domestic procedures, when a proceeding is initiated, including a
description of the nature of the proceeding, a statement of the legal
authority under which the proceeding is initiated and a general
description of any issues in controversy;
(b) such persons are afforded a reasonable opportunity to present facts
and arguments in support of their positions prior to any final
administrative action, when time, the nature of the proceeding and the
public interest permit; and
(c) its procedures are in accordance with domestic law.
Article 1805: Review and Appeal
1. Each Party shall adopt or maintain judicial, quasi-judicial or
administrative tribunals or procedures for the purpose of the prompt
review and, where warranted, correction of final administrative actions
regarding matters covered by this Agreement. Such tribunals shall be
impartial and independent of the office or authority entrusted with
administrative enforcement and shall not have any substantial interest
in the outcome of the matter.
2. Each Party shall ensure that, in any such tribunals or procedures, the

parties to the proceeding are provided with the right to:
(a) a reasonable opportunity to support or defend their respective
positions; and
(b) a decision based on the evidence and submissions of record or,
where required by domestic law the record compiled by the
administrative authority.
3. Each Party shall ensure, subject to appeal or further review as
provided in its domestic law, that such decisions shall be implemented
by, and shall govern the practice of, such offices or authorities with
respect to the administrative action at issue.
Article 1806: Definitions
For purposes of this Chapter:
administrative ruling of general application means an administrative
ruling or interpretation that applies to all persons and fact situations
that fall generally within its ambit and that establishes a norm of
conduct rather than adjudicating with respect to a particular act or
practice, but, does not include 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.
NAFTA Chapter Eleven Subchapter A - Investment
Article 1101: Scope
1. This Chapter applies to measures adopted or maintained by a Party
relating to:
(a) investors of another Party;
(b) investments of investors of another Party in the territory of the Party
existing at the date of entry into force of this Agreement as well as to
investments made or acquired thereafter by such investors; and

(c) with respect to Article 1106, all investments in the territory of the
Party existing at the date of entry into force of this Agreement as well
as to investments made or acquired thereafter.
2. A Party has the right to perform exclusively the economic activities
set out in Annex III and to refuse to permit the establishment of
investment in such activities.
3. This Chapter does not apply to Chapter Fourteen (Financial Services)
except to the extent specifically provided therein.
4. Nothing in this Chapter shall be construed to prevent a Party from
providing a service or performing a function such as law enforcement,
correctional services, income security or insurance, social security or
insurance, social welfare, public education, public training, health, and
child care, in a manner that is not inconsistent with this