Section 40: Declarations, directions and recommendations

The Commission may, in its final determination,— (a) make a declaration as to any matter referred to the Commission, including but not limited to a declaration— (i) as to any party's misconduct or liability: (ii) that the complaint is unfounded or that any allegation be dismissed; and (iii) that, for any reason, no action is required to be taken in respect of the matter referred; (b) direct that the referral to Commission be terminated without imposing any terms; (c) direct that the referral to Commission be terminated or stayed on terms including, without limitation— (i) the conclusion of a consent order by any party to the dispute or complaint against whom adverse findings have or may be made; (ii) the conclusion of a consent order by all relevant parties by which the matter be referred to conciliation, arbitration, adjudication or any other forum; or (iii) the conclusion of a settlement agreement by all relevant Parties; (d) require a party to the dispute or complainant to do or refrain from doing any act or thing; (e) order such party to pay a fine as may be prescribed from time to time; (f) freeze or attach any property belonging to the party in question or any person controlling the party in question: (g) permanently or temporarily seize exports of exporter from Pakistan through Customs authorities; (h) request the relevant authorities of the country of exporter for immediate resolution of the dispute; and (i) any other measures that the Commission might deem fit.

Effective date: 2023-08-11

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