Page:North American Agreement on Environmental Cooperation - 1993.pdf/5

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Article 4: Publication

1. 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.

2. To the extent possible, each Party shall:

(a) publish in advance any such measure that it proposes to adopt; and
(b) provide interested persons and Parties a reasonable opportunity to comment on such proposed measures.


Article 5: Government Enforcement Action

1. With the aim of achieving high levels of environmental protection and compliance with its environmental laws and regulations, each Party shall effectively enforce its environmental laws and regulations through appropriate governmental action, subject to Article 37, such as:

(a) appointing and training inspectors;
(b) monitoring compliance and investigating suspected violations, including through on-site inspections;
(c) seeking assurances of voluntary compliance and compliance agreements;
(d) publicly releasing non-compliance information;
(e) issuing bulletins or other periodic statements on enforcement procedures;
(f) promoting environmental audits;
(g) requiring record keeping and reporting;
(h) providing or encouraging mediation and arbitration services;
(i) using licenses, permits or authorizations;
(j) initiating, in a timely manner, judicial, quasi-judicial or administrative proceedings to seek appropriate sanctions or remedies for violations of its environmental laws and regulations;
(k) providing for search, seizure or detention; or

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