Canada - Panama Free Trade Agreement

Chapter Twenty-One

Administration of the Agreement

Article 21.01: The Joint Commission

  • 1. The Parties hereby establish the Joint Commission, comprising representatives of the Parties at the Ministerial level, or their designees.
  • 2. The Commission shall:
    • a. supervise the implementation of this Agreement;
    • b. review the general functioning of this Agreement;
    • c. oversee the further elaboration of this Agreement;
    • d. supervise the work of all bodies established under this Agreement referred to in Annex 21.01; and
    • e. consider any other matter that may affect the operation of this Agreement.
  • 3. The Commission may:
    • a. adopt interpretive decisions concerning this Agreement binding on panels established under Article 22.07 (Dispute Settlement – Establishment of a Panel) and Tribunals established under Section C of Chapter Nine (Investment – Settlement of Disputes between an Investor and the Host Party);
    • b. seek the advice of non-governmental persons or groups;
    • c. take any other action in the exercise of its functions as the Parties may decide;
    • d. further the implementation of the objectives of this Agreement by approving any revisions of:
      • i. a Party's Schedule to Annex 2.04 (National Treatment and Market Access for Goods – Tariff Elimination), with the purpose of adding one or more goods excluded in the Tariff Elimination Schedule,
      • ii. the phase-out periods established in Annex 2.04 ( National Treatment and Market Access for Goods – Tariff Elimination), with the purpose of accelerating the tariff reduction,
      • iii. the specific rules of origin established in Annex 3.02 (Rules of Origin – Specific Rules of Origin),
      • iv. the Uniform Regulations on Customs Procedures, and
      • v. the procuring entities listed in Annexes 1 and 2 of Canada and Panama's schedules to Chapter 16 (Government Procurement);
    • e. consider any amendments or modifications to the rights and obligations under this Agreement; and
    • f. establish the amount of remuneration and expenses to be paid to panelists.
  • 4. At the request of the Committee on the Environment established under the Agreement on the Environment between Canada and the Republic of Panama, the Commission may revise Annex 1.06 (Initial Provisions and General Definitions – Multilateral Environmental Agreements) to include other Multilateral Environmental Agreements (MEAs), or to include amendments to an MEA or remove an MEA listed in that Annex.
  • 5. The revisions referred to in subparagraph 3(d) and paragraph 4 shall be subject to the completion of any necessary domestic legal procedures of either Party.
  • 6. The Commission may establish and delegate responsibilities to committees, subcommittees or working groups. Except where otherwise specifically provided for in this Agreement, the committees, subcommittees and working groups shall work under a mandate recommended by the Agreement Coordinators referred to in Article 21.02 and approved by the Commission.
  • 7. The Commission shall establish its rules and procedures. All decisions of the Commission shall be taken by mutual consent.
  • 8. The Commission shall normally convene once a year, or upon the request in writing of either Party. Unless otherwise decided by the Parties, sessions of the Commission shall be held alternately in the territory of each Party, or by any technological means available.

Article 21.02: Agreement Coordinators

  • 1. Each Party shall appoint an Agreement Coordinator and notify the other Party within 60 days following the entry into force of this Agreement.
  • 2. The Agreement Coordinators shall jointly:
    • a. monitor the work of all bodies established under this Agreement, referred to in Annex 21.01, including communications relating to successors to those bodies;
    • b. recommend to the Commission the establishment of bodies that they consider necessary to assist the Commission;
    • c. coordinate preparations for Commission meetings;
    • d. follow up on any decisions taken by the Commission, as appropriate;
    • e. receive all notifications and information provided pursuant to this Agreement and, as necessary, facilitate communications between the Parties on any matter covered by this Agreement; and
    • f. consider any other matter that may affect the operation of this Agreement as mandated by the Commission.
  • 3. The Coordinators shall meet as often as required.
  • 4. Each Party may request in writing at any time that a special meeting of the Coordinators be held. Such a meeting shall take place within 30 days of receipt of the request.

Annex 21.01: Committees and Subcommittees, Country Coordinators and Contact Points

  • 1. Committees and Subcommittees:
    • a. Committee on Trade in Goods and Rules of Origin (Article 2.19);
      • i. Subcommittee on Agriculture (Article 2.19(4)),
      • ii. The Customs Procedures Subcommittee (Article 4.14);
    • b. Committee on Financial Services (Article 12.15); and
    • c. Committee on Procurement (Article 16.15).
  • 2. Country Coordinators:

    SPS Coordinators (Article 6.03).
  • 3. Contact Points:
    • a. Contact points for temporary entry for business persons (Article 13.06); and
    • b. Contact points for trade-related cooperation (Article 19.02).