New Zealand - United Kingdom FTA (2022)
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Multi-use lists

8. A Party, including its procuring entities, may establish or maintain a multi-use list, provided that it makes continuously available in the electronic medium listed in Annex 16A (Government Procurement Schedules) a notice inviting interested suppliers to apply for inclusion on the list.

9. The notice provided for in paragraph 8 shall include:

(a) a description of the goods or services, or categories thereof, for which the list may be used;

(b) the conditions for participation to be satisfied by suppliers for inclusion on the list and the methods that the procuring entity will use to verify that a supplier satisfies the conditions;

(c) the name and address of the procuring entity and other information necessary to contact the entity and obtain all relevant documents relating to the list; and

(d) the period of validity of the list and the means for its renewal or termination, or where the period of validity is not provided, an indication of the method by which notice will be given of the termination of use of the list.

10. A procuring entity shall allow suppliers to apply at any time for inclusion on a multi-use list and shall include on the list all qualified suppliers within a reasonably short time.

11. Where a supplier that is not included on a multi-use list submits a request for participation in a procurement based on a multi-use list and all required documents within the time period provided for in paragraph 2 of Article 16.12 (Time Periods), a procuring entity shall examine the request. The procuring entity shall not exclude the supplier from consideration in respect of the procurement on the grounds that the entity has insufficient time to examine the request, unless, in exceptional cases, due to the complexity of the procurement, the entity is not able to complete the examination of the request within the time period allowed for the submission of tenders.

Section B and Section C entities

12.  A procuring entity covered under Section B or Section C of a Party's Schedule to Annex 16A (Government Procurement Schedules) may use a notice inviting suppliers to apply for inclusion on a multi-use list as a notice of intended procurement, provided that:

(a) the notice is published in accordance with paragraph 8 and includes the information as required under paragraph 9, as much of the information required under paragraph 3 of Article 16.6 (Notices) as is available, and a statement that it constitutes a notice of intended procurement, or that only the suppliers on the multi-use list will receive further notices of procurement covered by the multi-use list; and

(b) the entity promptly provides to suppliers that have expressed an interest in a given procurement to the entity, sufficient information to permit them to assess their interest in the procurement, including all remaining information required in paragraph 3 of Article 16.6 (Notices), to the extent such information is available.

13. A procuring entity covered under Section B or Section C of a Party's Schedule to Annex 16A (Government Procurement Schedules) may allow a supplier that has applied for inclusion on a multi-use list in accordance with paragraph 12 to tender in a given procurement, where there is sufficient time for the procuring entity to examine whether the supplier satisfies the conditions for participation.

Information on procuring entity decisions

14. A procuring entity shall promptly inform any supplier that submits a request for participation in a procurement, or application for inclusion on a multi-use list, of the procuring entity's decision with respect to the request or application.

15. Where a procuring entity rejects a supplier's request for participation in a procurement or application for inclusion on a multi-use list, ceases to recognise a supplier as qualified, or removes a supplier from a multi-use list, the entity shall promptly inform the supplier and, on request of the supplier, promptly provide the supplier with a written explanation of the reasons for its decision.

Article 16.9. Technical Specifications and Tender DocumentationTechnical Specifications

1. A procuring entity shall not prepare, adopt, or apply any technical specification or prescribe any conformity assessment procedure with the purpose or the effect of creating unnecessary obstacles to international trade.

2. In prescribing the technical specifications for the goods or services being procured, a procuring entity shall, where appropriate:

(a) set out the technical specification in terms of performance and functional requirements, rather than design or descriptive characteristics; and

(b) base the technical specification on international standards, where such exist; otherwise, on national technical regulations, recognised national standards, or building codes.

3. Where design or descriptive characteristics are used in the technical specifications, a procuring entity should indicate, where appropriate, that it will consider tenders of equivalent goods or services that demonstrably fulfil the requirements of the procurement by including words such as "or equivalent" in the tender documentation.

4. A procuring entity shall not prescribe technical specifications that require or refer to a particular trademark or trade name, patent, copyright, design, type, specific origin, producer, or supplier, unless there is no other sufficiently precise or intelligible way of describing the procurement requirements and provided that, in those cases, the entity includes words such as "or equivalent" in the tender documentation.

5. A procuring entity shall not seek or accept, in a manner that would have the effect of precluding competition, advice that may be used in the preparation or adoption of any technical specification for a specific procurement from a person that may have a commercial interest in the procurement.

6. For greater certainty, a Party, including its procuring entities, may, in accordance with this Article, prepare, adopt, or apply technical specification to promote the conservation of natural resources or protect the environment.

Tender documentation

7. A procuring entity shall make available to suppliers tender documentation that includes all information necessary to permit suppliers to prepare and submit responsive tenders. Unless already provided in the notice of intended procurement, that documentation shall include a complete description of:

(a) the procurement, including the nature and the quantity of the goods or services to be procured or, where the quantity is not known, the estimated quantity and any requirements to be fulfilled, including any technical specifications, conformity assessment certification, plans, drawings, or instructional materials;

(b) any conditions for participation of suppliers, including a list of information and documents that suppliers are required to submit in connection with the conditions for participation;

(c) all evaluation criteria the entity will apply in the awarding of the contract, and, except where price is the sole criterion, the relative importance of such criteria;

(d) where the procuring entity will conduct the procurement by electronic means, any authentication and encryption requirements or other requirements related to the submission of information by electronic means;

(e) where the procuring entity will hold an electronic auction, the rules, including identification of the elements of the tender related to the evaluation criteria, on which the auction will be conducted;

(f) any other terms or conditions, including terms of payment and any limitation on the means by which tenders may be submitted, such as whether on paper or by electronic means; and

(g) any dates for the delivery of goods or the supply of services.

8. In establishing any date for the delivery of goods or the supply of services being procured, a procuring entity shall take into account such factors as the complexity of the procurement, the extent of subcontracting anticipated and the realistic time required for production, de-stocking, and transport of goods from the point of supply or for supply of services.

9. The evaluation criteria set out in the notice of intended procurement or tender documentation may include, among others, price and other cost factors, quality, technical merit, environmental characteristics, and terms of delivery.

10. A procuring entity shall promptly:

(a) make available tender documentation to ensure that interested suppliers have sufficient time to submit responsive tenders;

(b) provide, on request, the tender documentation to any interested supplier; and

(c) reply to any reasonable request for relevant information by any interested or participating supplier, provided that such information does not give that supplier an advantage over other suppliers.

Modifications

11. Where, prior to the award of a contract, a procuring entity modifies the criteria or requirements set out in the notice of intended procurement or tender documentation provided to participating suppliers, or amends or reissues a notice or tender documentation, it shall transmit in writing all such modifications or amended or reissued notice or tender documentation:

(a) to all suppliers that are participating at the time of the modification or amendment or reissuance, where those suppliers are known to the entity, and in all other cases, in the same manner as the original information was made available; and

(b) in adequate time to allow those suppliers to modify and resubmit amended tenders, as appropriate.

Preliminary market research and engagement

12. For greater certainty, a procuring entity may, prior to publication of a notice of intended procurement, conduct market research and engagement with suppliers with a view to informing and developing technical specifications and other tender documentation for a particular procurement or informing suppliers of its procurement plans and requirements. A procuring entity shall take appropriate steps to ensure that suppliers participating in such market research or engagement do not gain an unfair advantage over other interested suppliers.

Article 16.10. Environmental, Social, and Labour Considerations

A Party, including Its procuring entities, may:

(a) take into account environmental, social, and labour considerations at any stage of a procurement, provided they are non-discriminatory and are indicated in the notice of intended procurement or tender documentation; and

(b) take appropriate measures to ensure compliance with its environmental, social, and labour law, international obligations, including under Chapter 22 (Environment) and Chapter 23 (Trade and Labour), and standards of conduct, ethics, and integrity, provided they are non-discriminatory.

Article 16.11. Facilitation of Participation by SMEs

1. The Parties recognise the important contribution that SMEs can make to economic growth and employment and the importance of facilitating the participation of SMEs in procurement.

2. The Parties shall:

(a) upon request, provide information on the measures designed to assist, promote, encourage, or facilitate participation by SMEs in government procurement covered by this Chapter; and

(b) cooperate and share best practice in relation to measures to facilitate participation by SMEs in government procurement covered by this Chapter.

3. Each Party shall endeavour to facilitate participation by SMEs in covered procurement, and shall to the extent possible and appropriate:

(a) seek opportunities to simplify administrative processes;

(b) make all tender documentation available free of charge;

(c) require prompt payment, including in subcontracting; and

(d) consider the size, design, and structure of the procurement, including dividing procurement opportunities into smaller lots and promoting the use of joint bidding and subcontracting by SMEs.

Article 16.12. Time Periods

General

1. A procuring entity shall, consistent with its own reasonable needs, provide sufficient time for suppliers to prepare and submit requests for participation and responsive tenders, taking into account such factors as:

(a) the nature and complexity of the procurement;

(b) the extent of subcontracting anticipated; and

(c) the time necessary for transmitting tenders by non-electronic means from foreign as well as domestic points where electronic means are not used.

Such time periods, including any extension of the time periods, shall be the same for all interested or participating suppliers.

Deadlines

2. A procuring entity that uses selective tendering shall establish that the final date for the submission of requests for participation shall not, in principle, be less than 25 days after the date of publication of the notice of intended procurement. Where a state of urgency duly substantiated by the procuring entity renders this time period impracticable, the time period may be reduced to no less than 10 days.

3. Except as provided for in paragraphs 4, 5, 7, and 8, a procuring entity shall establish that the final date for the submission of tenders shall not be less than 40 days after the date on which:

(a) in the case of open tendering, the notice of intended procurement is published; or

(b) inthe case of selective tendering, the entity notifies suppliers that they will be invited to submit tenders, whether or not it uses a multi-use list.

4. A procuring entity may reduce the time period for tendering established in accordance with paragraph 3 to no less than 10 days where:

(a) the procuring entity has published a notice of planned procurement as described in paragraph 4 of Article 16.6 (Notices) at least 40 days and no more than 12 months in advance of the publication of the notice of intended procurement, and the notice of planned procurement contains:

(i) a description of the procurement;

(ii) the approximate final dates for the submission of tenders or requests for participation;

(iii) a statement that interested suppliers should express their interest in the procurement to the procuring entity;

(iv) the address from which documents relating to the procurement may be obtained; and

(v) as much of the information that is required for the notice of intended procurement under paragraph 3 of Article 16.6 (Notices), as is available;

(b) the procuring entity, for recurring contracts, indicates in an initial notice of intended procurement that subsequent notices will provide time periods for tendering based on this paragraph; or

(c) a state of urgency duly substantiated by the procuring entity renders the time period for tendering established in accordance with paragraph 3 impracticable.

5. A procuring entity may reduce the time period for tendering established in accordance with paragraph 3 by five days for each one of the following circumstances:

(a) the notice of intended procurement is published by electronic means;

(b) all the tender documentation is made available by electronic means from the date of the publication of the notice of intended procurement; and

(c) the entity accepts tenders by electronic means.

6. The use of paragraph 5, in conjunction with paragraph 4, shall in no case result in the reduction of the time period for tendering established in accordance with paragraph 3 to less than 10 days after the date on which the notice of intended procurement is published.

7. Notwithstanding any other provision in this Article, where a procuring entity purchases commercial goods or services, or any combination thereof, it may reduce the time period for tendering established in accordance with paragraph 3 to no less than 13 days, provided that it publishes by electronic means, at the same time, both the notice of intended procurement and the tender documentation. In addition, where the entity accepts tenders for commercial goods or services by electronic means, it may reduce the time period established in accordance with paragraph 3 to no less than 10 days.

8. Where a procuring entity covered under Section B or Section C of a Party's Schedule to Annex 16A (Government Procurement Schedules) has selected all or a limited number of qualified suppliers, the time period for tendering may be fixed by mutual agreement between the procuring entity and the selected suppliers. In the absence of agreement, the period shall not be less than 10 days.

Article 16.13. Negotiation

1. A Party may provide for its procuring entities to conduct negotiations:

(a) where the entity has indicated its intent to conduct negotiations in the notice of intended procurement required under paragraph 2 of Article 16.6 (Notices); or

(b) where it appears from the evaluation that no tender is obviously the most advantageous in terms of the specific evaluation criteria set out in the notice of intended procurement or tender documentation.

2. A procuring entity shall:

(a) ensure that any elimination of suppliers participating in negotiations is carried out in accordance with the evaluation criteria set out in the notice of intended procurement or tender documentation; and

(b) where negotiations are concluded, provide a common deadline for the remaining participating suppliers to submit any new or revised tenders.

Article 16.14. Limited Tendering

1. Provided that it does not use this provision for the purpose of avoiding competition among suppliers or in a manner that discriminates against suppliers of the other Party or protects domestic suppliers, a procuring entity may use limited tendering and may choose not to apply Articles 16.6 (Notices) to Article 16.8 (Qualification of Suppliers), paragraphs 7 to 11 of Article 16.9 (Technical Specifications and Tender Documentation), Article 16.12 (Time Periods), Article 16.13 (Negotiation), Article 16.15 (Electronic Auctions), and Article 16.16 (Treatment of Tenders and Awarding of Contracts) only under any of the following circumstances:

(a) where:

(i) no tenders were submitted or no suppliers requested participation;

(ii) no tenders that conform to the essential requirements of the tender documentation were submitted;

(iii) no suppliers satisfied the conditions for participation; or

(iv) the tenders submitted have been collusive,

provided that the requirements of the tender documentation are not substantially modified;

(b) where the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services exist for any of the following reasons:

(i) the requirement is for a work of art;

(ii) the protection of patents, copyrights, or other exclusive rights; or

(iii) due to an absence of competition for technical reasons;

(c) for additional deliveries by the original supplier of goods or services that were not included in the initial procurement where a change of supplier for such additional goods or services:

(i) cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, software, services, or installations procured under the initial procurement; and

(ii) would cause significant inconvenience or substantial duplication of costs for the procuring entity;

(d) insofar as is strictly necessary where, for reasons of extreme urgency brought about by events unforeseeable by the procuring entity, the goods or services could not be obtained in time using open tendering or selective tendering;

(e) for goods purchased on a commodity market;

(f) where a procuring entity procures a prototype or a first good or service that is developed at its request in the course of, and for, a particular contract for research, experiment, study, or original development.

Original development of a first good or service may include limited production or supply in order to incorporate the results of field testing and to demonstrate that the good or service is suitable for production or supply in quantity to acceptable quality standards, but does not include quantity production or supply to establish commercial viability or to recover research and development costs;

(g) for purchases made under exceptionally advantageous conditions that only arise in the very short term in the case of unusual disposals such as those arising from liquidation, receivership, or bankruptcy, but not for routine purchases from regular suppliers; or

(h) where a contract is awarded to a winner of a design contest provided that:

(i) the contest has been organised in a manner that is consistent with the principles of this Chapter, in particular relating to the publication of a notice of intended procurement; and

(ii) _— the participants are judged by an independent jury with a view to a design contract being awarded to a winner.

(ii) the participants are judged by an independent jury with a view to a design contract being awarded to a winner.

2. A procuring entity shall prepare a report in writing on each contract awarded under paragraph 1. The report shall include the name of the procuring entity, the value and kind of goods or services procured, and a statement indicating the circumstances and conditions described in paragraph 1 that justified the use of limited tendering.

Article 16.15. Electronic Auctions

Where a procuring entity intends to conduct a covered procurement using an electronic auction, the entity shall provide each participant, before commencing the electronic auction, with:

(a) the automatic evaluation method, including the mathematical formula, that is based on the evaluation criteria set out in the tender documentation and that will be used in the automatic ranking or re-ranking during the auction;

(b) the results of any initial evaluation of the elements of its tender where the contract is to be awarded on the basis of the most advantageous tender; and

(c) any other relevant information relating to the conduct of the auction.

Article 16.16. Treatment of Tenders and Awarding of Contracts

Treatment of Tenders

1. A procuring entity shall receive, open, and treat all tenders under procedures that guarantee the fairness and impartiality of the procurement process, and the confidentiality of tenders.

2. A procuring entity shall not penalise any supplier whose tender is received after the time specified for receiving tenders if the delay is due solely to mishandling on the part of the procuring entity.

3. Where a procuring entity provides a supplier with an opportunity to correct unintentional errors of form between the opening of tenders and the awarding of the contract, the procuring entity shall provide the same opportunity to all participating suppliers.

Awarding of contracts

4. To be considered for an award, a tender shall be submitted in writing and shall, at the time of opening, comply with the essential requirements set out in the notices and tender documentation, and be from a supplier that satisfies the conditions for participation.

5. Unless a procuring entity determines that it is not in the public interest to award a contract, the entity shall award the contract to the supplier that the entity has determined to be capable of fulfilling the terms of the contract and that, based solely on the evaluation criteria specified in the notices and tender documentation, has submitted:

(a) the most advantageous tender; or

(b) where price is the sole criterion, the lowest price.

6. Where a procuring entity receives a tender with a price that is abnormally lower than the prices in other tenders submitted, it may verify with the supplier that it satisfies the conditions for participation and is capable of fulfilling the terms of the contract.

7. A procuring entity shall not use options, cancel a procurement, or modify awarded contracts in a manner that circumvents the obligations under this Chapter.

Article 16.17. Transparency of Procurement Information

Information provided to suppliers

1. A procuring entity shall promptly inform participating suppliers of the entity's contract award decisions and, on the request of a supplier, shall do so in writing. Subject to paragraphs 2 and 3 of Article 16.19 (Disclosure of Information), a procuring entity shall, on request, provide an unsuccessful supplier with an explanation of the reasons why the entity did not select its tender and the relative advantages of the successful supplier's tender.

Publication of award information

2. No later than 72 days after the award of each contract covered by this Chapter, a procuring entity shall publish a notice in the appropriate electronic medium listed in Annex 16A (Government Procurement Schedules) and the information shall remain readily accessible for a reasonable period of time. The notice shall include at least the following information:

(a) a description of the goods or services procured, including a classification code of the goods or services procured, such as the CPC Prov.;

(b) the name and address of the procuring entity; (c) the name and address of the successful supplier;

(d) the value of the successful tender or the highest and lowest offers taken into account in the award of the contract;

(e) the date of award; and

(f) the type of procurement method used, and in cases where limited tendering was used in accordance with Article 16.14 (Limited Tendering), a description of the circumstances justifying the use of limited tendering.

Maintenance of documentation, reports, and electronic traceability

3. Each procuring entity shall, for a period of at least three years from the date it awards a contract, maintain:

  • Chapter   1 INITIAL PROVISIONS AND GENERAL DEFINITIONS 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 Relation to other Agreements 1
  • Article   1.3 General Definitions 1
  • Chapter   2 NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS 1
  • Article   2.1 Definitions 1
  • Article   2.2 Scope 1
  • Article   2.3 National Treatment 1
  • Article   2.4 Classification of Goods 1
  • Article   2.5 Elimination of Customs Duties 1
  • Article   2.6 Accelerated Tariff Elimination 1
  • Article   2.7 Goods Re-Entered after Repair or Alteration 2
  • Article   2.8 Duty-Free Entry of Commercial Samples of Negligible Value and Printed Advertising Materials 2
  • Article   2.9 Temporary Admission of Goods 2
  • Article   2.10 Import and Export Restrictions 2
  • Article   2.11 Remanufactured Goods 2
  • Article   2.12 Import Licensing Procedures 2
  • Article   2.13 Export Licensing Procedures 2
  • Article   2.14 Administrative Fees and Formalities 2
  • Article   2.15 Export Duties, Taxes, and other Charges 2
  • Article   2.16 Data Sharing on Preference Utilisation 2
  • Article   2.17 Trade In Goods Sub-Committee 2
  • Article   2.18 Consultations 2
  • Chapter   3 RULES OF ORIGIN AND ORIGIN PROCEDURES 2
  • Section   A Definitions and General Provisions 2
  • Article   3.1 Definitions 2
  • Article   3.2 Origin Criteria 2
  • Article   3.3 Wholly Obtained Goods. 2
  • Article   3.4 Regional Value Content 2
  • Article   3.4 Regional Value Content 3
  • Article   3.5 Materials Used In Production 3
  • Article   3.6 Value of Materials Used In Production 3
  • Article   3.7 Further Adjustments to the Value of Materials 3
  • Article   3.8 Cumulation 3
  • Article   3.9 Tolerance 3
  • Article   3.10 Non-Alteration 3
  • Article   3.11 Treatment of Indirect Materials 3
  • Article   3.12 Accessories, Spare Parts, Information Materials, and Tools 3
  • Article   3.13 Sets of Goods 3
  • Article   3.14 Treatment of Packaging Materials and Packing Materials 3
  • Article   3.15 Recovered Materials and Remanufactured Goods 3
  • Article   3.16 Fungible Goods and Materials 3
  • Article   3.17 Rules of Origin and Customs and Trade Facilitation Working Group 3
  • Section   B Origin Procedures 3
  • Article   3.18 Claims for Preferential Treatment 3
  • Article   3.19 Origin Declaration 3
  • Article   3.20 Waiver of Origin Documentation 3
  • Article   3.21 Delayed Claims for Preferential Treatment 3
  • Article   3.22 Incorrect Claims for Preferential Treatment 3
  • Article   3.23 Minor Errors and Discrepancies 3
  • Article   3.24 Penalties 3
  • Article   3.25 Record Keeping Requirements 3
  • Article   3.26 Verification of Origin 3
  • Article   3.27 Confidentiality 4
  • Article   3.28 Documentation Issued In a Non-Party 4
  • Article   3.29 Transitional Provisions for Goods In Transit 4
  • Chapter   4 CUSTOMS PROCEDURES AND TRADE FACILITATION 4
  • Article   4.1 Definitions 4
  • Article   4.2 Scope 4
  • Article   4.3 Customs Procedures and Trade Facilitation 4
  • Article   4.4 Customs Cooperation 4
  • Article   4.5 Transparency and Publication 4
  • Article   4.6 Data and Documentation 4
  • Article   4.7 Simplified Customs Procedures 4
  • Article   4.8 Expedited Shipments 4
  • Article   4.10 Perishable Goods 4
  • Article   4.11 Risk Management 4
  • Article   4.12 Advance Rulings 4
  • Article   4.10 Perishable Goods 5
  • Article   4.11 Risk Management 5
  • Article   4.12 Advance Rulings 5
  • Article   4.13 Customs Valuation 5
  • Article   4.14 Single Window  (4) 5
  • Article   4.15 Authorised Economic Operator  (5) 5
  • Article   4.16 Customs Brokers 5
  • Article   4.17 Review and Appeal 5
  • Article   4.18 Penalties 5
  • Article   4.19 Transit and Transportation 5
  • Article   4.20 Post Clearance Audit. 5
  • Article   4.21 Confidentiality 5
  • Article   4.22 Rules of Origin and Customs and Trade Facilitation Working Group 5
  • Chapter   5 SANITARY AND PHYTOSANITARY MEASURES 5
  • Article   5.1 Definitions. 5
  • Article   5.2 Scope 5
  • Article   5.3 Objectives 5
  • Article   5.4 Affirmation of the SPS Agreement 5
  • Article   5.5 Competent Authorities and Contact Points 5
  • Article   5.6 Equivalence 5
  • Article   5.7 Recognition of Pest Freedom 5
  • Article   5.8 Risk Analysis 5
  • Article   5.9 Audit  (2) 5
  • Article   5.10 Trade Conditions 6
  • Article   5.11 Emergency Measures 6
  • Article   5.12 Import Checks and Fees 6
  • Article   5.13 Official Certification 6
  • Article   5.14 Cooperation on Antimicrobial Resistance 6
  • Article   5.15 Transparency, Notification, and Information Exchange 6
  • Article   5.16 Technical Working Groups 6
  • Article   5.17 Technical Consultations 6
  • Article   5.18 Sanitary and Phytosanitary Measures Sub-Committee 6
  • Article   5.19 Dispute Settlement 6
  • Chapter   6 ANIMAL WELFARE 6
  • Article   6.1 Objectives 6
  • Article   6.2 General Provisions 6
  • Article   6.3 Right to Regulate and Improvement of Farmed Animal Welfare 6
  • Article   6.4 Cooperation 6
  • Article   6.5 Animal Welfare Working Group 7
  • Article   6.6 Dispute Settlement 7
  • Chapter   7 TECHNICAL BARRIERS TO TRADE 7
  • Section   A General Provisions 7
  • Article   7.1 Definitions 7
  • Article   7.2 Objectives 7
  • Article   7.3 Scope 7
  • Article   7.4 Incorporation of Certain Provisions of the TBT Agreement 7
  • Article   7.5 Cooperation 7
  • Article   7.6 International Standards, Guides, and Recommendations 7
  • Article   7.7 Equivalency of Technical Regulation 7
  • Article   7.8 Conformity Assessment 7
  • Article   7.9 Transparency 7
  • Article   7.10 Contact Points 7
  • Article   7.11 Technical Discussions 7
  • Article   7.12 Annexes and Implementing Arrangements 7
  • Article   7.13 Market Surveillance 7
  • Article   7.14 Marking and Labelling 7
  • Section   B Sector-Specific Provisions 7
  • Article   7.15 Cosmetic Products 7
  • Article   7.16 Medicinal Products 7
  • Article   7.17 Medical Devices 7
  • Chapter   8 TRADE REMEDIES 8
  • Section   A General Provisions 8
  • Article   8.1 Definitions 8
  • Article   8.2 Dispute Settlement 8
  • Section   B Anti-Dumping and Countervailing Duties 8
  • Article   8.3 General Provisions 8
  • Article   8.4 Transparency 8
  • Article   8.5 Lesser Duty 8
  • Article   8.6 Public Interest 8
  • Section   C Global Safeguards 8
  • Article   8.7 General Provisions 8
  • Article   8.8 Transparency 8
  • Section   D Bilateral Safeguards 8
  • Article   8.9 Adoption of Bilateral Safeguard 8
  • Article   8.10 Duration and Scope 8
  • Article   8.11 Investigation Procedure 8
  • Article   8.12 Notification and Consultation 8
  • Article   8.13 Provisional Adoption of Bilateral Safeguard 8
  • Article   8.14 Compensation 8
  • Article   8.15 Non-Cumulation 8
  • Chapter   9 CROSS-BORDER TRADE IN SERVICES 8
  • Article   9.1 Definitions 8
  • Article   9.2 Objectives. 8
  • Article   9.3 Scope 8
  • Article   9.4 Market Access 8
  • Article   9.5 National Treatment 9
  • Article   9.6 Most-Favoured-Nation Treatment 9
  • Article   9.7 Local Presence 9
  • Article   9.8 Non-Conforming Measures 9
  • Article   9.9 Payments and Transfers 9
  • Article   9.10 Subsidies 9
  • Article   9.11 Denial of Benefits 9
  • Article   9.12 Recognition 9
  • Article   9.13 Development Cooperation 9
  • Article   9.14 Services and Investment Sub-Committee 9
  • Chapter   10 DOMESTIC REGULATION 9
  • Article   10.1 Definitions 9
  • Article   10.2 Scope 9
  • Article   10.3 Administration of Measures of General Application 9
  • Article   10.4 Development of Measures 9
  • Article   10.5 Submission of Applications 9
  • Article   10.6 Application Timeframes 9
  • Article   10.7 Electronic Applications and Acceptance of Copies 9
  • Article   10.8 Processing of Applications 9
  • Article   10.9 Fees 9
  • Article   10.10 Examinations 9
  • Article   10.11 Objectivity, Impartiality, and Independence 9
  • Article   10.12 Publication and Information Available 9
  • Article   10.13 Review Procedures for Administrative Decisions 10
  • Article   10.14 Technical Standards 10
  • Article   10.15 Limited Number of Licences 10
  • Article   10.16 Opportunity to Comment Before Entry Into Force 10
  • Article   10.17 Enquiry Points 10
  • Chapter   11 FINANCIAL SERVICES 10
  • Article   11.1 Definitions 10
  • Article   11.2 Scope 10
  • Article   11.3 Specific Exceptions 10
  • Article   11.4 Prudential Exception 10
  • Article   11.5 National Treatment 10
  • Article   11.6 Market Access 10
  • Article   11.7 Financial Data and Information  (4) 10
  • Article   11.8 Payment and Clearing 10
  • Article   11.9 Self-Regulatory Organisations 10
  • Article   11.10 Senior Management and Boards of Directors 10
  • Article   11.11 Transparency 10
  • Article   11.12 Financial Services New to the Territory of a Party 11
  • Article   11.13 Diversity In Finance 11
  • Article   11.14 Sustainable Finance 11
  • Article   11.15 Financial Services Dispute Settlement 11
  • Article   11.16 Institutional 11
  • Article   11.17 Consultation 11
  • Article   11.18 Recognition of Prudential Measures 11
  • Article   11.19 Non-Conforming Measures 11
  • Article   11.20 Provision of Back-Office Functions 11
  • Chapter   12 TELECOMMUNICATIONS 11
  • Article   12.1 Definitions 11
  • Article   12.2 Objectives 11
  • Article   12.3 Scope 11
  • Article   12.4 Approaches to Regulation 12
  • Article   12.5 Access and Use 12
  • Article   12.6 Access to Essential Facilities 12
  • Article   12.7 Interconnection 12
  • Article   12.8 Interconnection with Major Suppliers 12
  • Article   12.9 Number Portability 12
  • Article   12.10 Scarce Resources 12
  • Article   12.11 Competitive Safeguards on Major Suppliers 12
  • Article   12.12 Treatment by Major Suppliers 12
  • Article   12.13 Regulatory Principles 12
  • Article   12.14 Authorisation  (4) 12
  • Article   12.15 Transparency 12
  • Article   12.16 Universal Service Obligation 12
  • Article   12.17 International Mobile Roaming Services 12
  • Article   12.18 Dispute Resolution 12
  • Article   12.19 Confidentiality 12
  • Article   12.20 Flexibility In the Choice of Technology 12
  • Article   12.21 Cooperation 12
  • Chapter   13 TEMPORARY ENTRY OF BUSINESS PERSONS 12
  • Article   13.1 Definitions 12
  • Article   13.2 Objectives 12
  • Article   13.3 Scope 12
  • Article   13.4 Application Procedures 12
  • Article   13.5 Grant of Temporary Entry 13
  • Article   13.6 Provision of Information 13
  • Article   13.7 Institutional Arrangements 13
  • Article   13.8 Relation to other Chapters 13
  • Article   13.9 Dispute Settlement 13
  • Article   13.10 Cooperation on Return and Readmissions 13
  • Chapter   14 INVESTMENT 13
  • Article   14.1 Objectives 13
  • Article   14.2 Definitions 13
  • Article   14.3 Scope 13
  • Article   14.4 Relation to other Chapters 13
  • Article   14.5 Market Access 13
  • Article   14.6 National Treatment 13
  • Article   14.7 Most-Favoured-Nation Treatment 13
  • Article   14.8 Performance Requirements 13
  • Article   14.9 Senior Management and Boards of Directors 13
  • Article   14.10 Non-Conforming Measures 13
  • Article   14.11 Minimum Standard of Treatment  (14) 14
  • Article   14.12 Treatment In Case of Armed Conflict or Civil Strife 14
  • Article   14.13 Transfers 14
  • Article   14.14 Expropriation and Compensation  (15) 14
  • Article   14.15 Subrogation 14
  • Article   14.16 Special Formalities and Disclosure of Information 14
  • Article   14.17 Denial of Benefits 14
  • Article   14.18 Investment and Environmental, Health, and other Regulatory Objectives 14
  • Article   14.19 Corporate Social Responsibility 14
  • Annex 14A  CUSTOMARY INTERNATIONAL LAW 14
  • Annex 14 B  EXPROPRIATION 14
  • Chapter   15 DIGITAL TRADE 14
  • Article   15.1 Definitions 14
  • Article   15.2 Objectives 14
  • Article   15.3 Scope and General Provisions 14
  • Article   15.4 Customs Duties 14
  • Article   15.5 Conclusion of Contracts by Electronic Means 14
  • Article   15.6 Domestic Electronic Transactions Framework 15
  • Article   15.7 Electronic Authentication 15
  • Article   15.8 Digital Identities 15
  • Article   15.9 Electronic Invoicing 15
  • Article   15.10 Paperless Trading 15
  • Article   15.11 Unsolicited Commercial Electronic Messages 15
  • Article   15.12 Commercial Information and Communication Technology Products That UseCryptography 15
  • Article   15.13 Personal Information Protection 15
  • Article   15.14 Cross-Border Transfer of Information by Electronic Means 15
  • Article   15.15 Location of Computing Facilities 15
  • Article   15.16 Open Internet Access 15
  • Article   15.17 Open Government Data 15
  • Article   15.18 Cooperation on Cyber Security Matters 15
  • Article   15.19 Digital Innovation and Emerging Technologies 15
  • Article   15.20 Digital Inclusion 15
  • Article   15.21 Cooperation 15
  • Article   15.22 Review 15
  • Chapter   16 GOVERNMENT PROCUREMENT 15
  • Article   16.1 Definitions 15
  • Article   16.2 Scope 16
  • Article   16.3 General Exceptions 16
  • Article   16.4 General Principles 16
  • Article   16.5 Information on the Procurement System 16
  • Article   16.6 Notices 16
  • Article   16.7 Conditions for Participation 16
  • Article   16.8 Qualification of Suppliers 16
  • Article   16.9 Technical Specifications and Tender DocumentationTechnical Specifications 17
  • Article   16.10 Environmental, Social, and Labour Considerations 17
  • Article   16.11 Facilitation of Participation by SMEs 17
  • Article   16.12 Time Periods 17
  • Article   16.13 Negotiation 17
  • Article   16.14 Limited Tendering 17
  • Article   16.15 Electronic Auctions 17
  • Article   16.16 Treatment of Tenders and Awarding of Contracts 17
  • Article   16.17 Transparency of Procurement Information 17
  • Article   16.18 Ensuring Integrity In Procurement Practices 18
  • Article   16.19 Disclosure of Information 18
  • Article   16.20 Domestic Review Procedures 18
  • Article   16.21 Modifications and Rectifications of Annex 18
  • Article   16.22 Government Procurement Working Group 18
  • Article   16.23 Further Negotiations 18
  • Chapter   17 Intellectual Property 18
  • Section   A General Provisions 18
  • Article   17.1 Definitions 18
  • Article   17.2 Objectives 18
  • Article   17.3 Principles 18
  • Article   17.4 Understandings In Respect of this Chapter 18
  • Article   17.5 Nature and Scope of Obligations 18
  • Article   17.6 Understandings Regarding Certain Public Health Measures 18
  • Article   17.7 National Treatment 18
  • Article   17.8 International Agreements 18
  • Article   17.9 Transparency 19
  • Article   17.10 Application of Chapter to Existing Subject Matter and Prior Acts 19
  • Article   17.11 Exhaustion of Intellectual Property Rights 19
  • Section   B Cooperation 19
  • Article   17.12 Contact Points 19
  • Article   17.13 Cooperation and Dialogue 19
  • Article   17.14 Intellectual Property Working Group 19
  • Article   17.15 Patent Cooperation and Work Sharing 19
  • Article   17.16 Cooperation on Request 19
  • Section   C Intellectual Property and Issues Related to Genetic Resources, Traditional Knowledge, and Traditional Cultural Expressions 19
  • Article   17.17 Cooperation 19
  • Article   17.18 Patent Examination and Traditional Knowledge Associated with Genetic Resources 19
  • Article   17.19 WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore 19
  • Article   17.20 Section Review 19
  • Section   D Trade Marks 19
  • Article   17.21 Types of Signs Registrable as Trade Marks 19
  • Article   17.22 Rights Conferred 19
  • Article   17.23 Exceptions 19
  • Article   17.24 Well-Known Trade Marks 19
  • Article   17.25 Procedural Aspects of Examination, Opposition, and Cancellation 19
  • Article   17.26 Bad Faith Applications 19
  • Article   17.27 Electronic Trade Marks Systems 19
  • Article   17.28 Term of Protection for Trade Marks 19
  • Article   17.29 Efforts Toward the Harmonisation of Trade Mark Systems 19
  • Article   17.30 Domain Names 19
  • Article   17.28 Term of Protection for Trade Marks 19
  • Article   17.29 Efforts Toward the Harmonisation of Trade Mark Systems 19
  • Article   17.30 Domain Names 19
  • Section   E Geographical Indications 19
  • Article   17.31 Scope of Application of this Section 19
  • Article   17.32 Recognition and Protection of Geographical Indications 19
  • Article   17.33 Consultations on Recognition and Protection of Geographical Indications 19
  • Article   17.34 Alternative Review of this Section 20
  • Article   17.35 Lists of Geographical Indications 20
  • Section   F Registered Designs 20
  • Article   17.36 Protection of Registered Designs 20
  • Article   17.37 Duration of Protection 20
  • Article   17.38 Electronic Industrial Design System 20
  • Article   17.39 Relationship to Copyright 20
  • Article   17.40 International Registration of Industrial Designs 20
  • Section   G Copyright and Related Rights 20
  • Article   17.41 Authors 20
  • Article   17.42 Performers 20
  • Article   17.43 Producers of Phonograms 20
  • Article   17.44 Broadcasting Organisations 20
  • Article   17.45 Broadcasting and Communication to the Public of Phonograms Published for Commercial Purposes  (16) 20
  • Article   17.46 Artist's Resale Right 20
  • Article   17.47 Limitations and Exceptions 20
  • Article   17.48 Term of Protection 20
  • Article   17.49 Collective Management Organisations 20
  • Article   17.50 Technological Protection Measures 20
  • Article   17.51 Rights Management Information 20
  • Section   H Patents 20
  • Article   17.52 Rights Conferred 20
  • Article   17.53 Patentable Subject Matter 20
  • Article   17.54 Exceptions 20
  • Article   17.55 Regulatory Review Exception 20
  • Article   17.56 Other Use without Authorisation of the Right Holder 20
  • Article   17.57 Amendments, Corrections, and Observations 20
  • Article   17.58 Publication of Patent Applications 20
  • Article   17.59 Information Relating to Published Patent Applications and Granted Patents 20
  • Article   17.60 Conditions on Patent Applicants 20
  • Section   I Undisclosed Test or other Data 20
  • Article   17.61 Protection of Undisclosed Test or other Data for Agricultural Chemical Products 20
  • Article   17.62 Protection of Undisclosed Test or other Data for Pharmaceutical Products 21
  • Section   J Trade Secrets 21
  • Article   17.63 Trade Secrets 21
  • Section   K Enforcement 21
  • Subsection   K.1 Enforcement - General Obligations 21
  • Article   17.64 General Obligations 21
  • Subsection   K.2 Enforcement - Civil Remedies 21
  • Article   17.65 Entitled Applicants 21
  • Article   17.66 Provisional Measures for Preserving Evidence 21
  • Article   17.67 Provisional and Precautionary Measures 21
  • Article   17.68 Safeguards 21
  • Article   17.69 Right to Information 21
  • Article   17.70 Injunctions 21
  • Article   17.71 Corrective Measures 21
  • Article   17.72 Damages 21
  • Article   17.73 Costs 21
  • Subsection   K.3 Enforcement - Border Measures 21
  • Article   17.74 Border Measures 21
  • Subsection   K.4 Enforcement - Criminal Remedies 21
  • Article   17.75 Criminal Offences 21
  • Article   17.76 Penalties 21
  • Article   17.77 Seizure, Forfeiture, and Destruction 21
  • Article   17.78 Ex Officio Enforcement 22
  • Article   17.79 Liability of Legal Persons 22
  • Subsection   K.5 Enforcement In the Digital Environment 22
  • Article   17.80 General Obligations on Enforcement In the Digital Environment 22
  • Article   17.81 Limitations on Liability of Online Service Providers 22
  • Article   17.82 Blocking Orders 22
  • Article   17.83 Procedures for Domain Registries 22
  • Article   17.84 Disclosure of Information 22
  • Subsection   K.6 Enforcement Practices with Respect to Intellectual Property Rights 22
  • Article   17.85 Transparency of Judicial Decisions and Administrative Rulings 22
  • Article   17.86 Voluntary Stakeholder Initiatives 22
  • Article   17.87 Public Awareness 22
  • Article   17.88 Specialised Enforcement Expertise, Information and Domestic Coordination 22
  • Article   17.89 Environmental Considerations In Destruction and Disposal of Infringing Goods 22
  • Chapter   18 COMPETITION 22
  • Article   18.1 Objectives 22
  • Article   18.2 Competition Law and Authorities 22
  • Article   18.3 Procedural Fairness 22
  • Article   18.4 Private Rights of Action 22
  • Article   18.5 Cooperation 22
  • Article   18.6 Transparency 22
  • Article   18.7 Consultation 22
  • Article   18.8 Non-Application of Dispute Settlement 22
  • Chapter   19 STATE-OWNED ENTERPRISES AND DESIGNATED MONOPOLIES 22
  • Article   19.1 Definitions 22
  • Article   19.2 Scope  (8) 22
  • Article   19.3 Delegated Authority 23
  • Article   19.4 Non-Discriminatory Treatment and Commercial Considerations 23
  • Article   19.5 Legal and Regulatory Framework 23
  • Article   19.6 Non-Commercial Assistance 23
  • Article   19.7 Adverse Effects 23
  • Article   19.8 Injury 23
  • Article   19.9 Transparency 23
  • Article   19.10 Technical Cooperation 23
  • Article   19.11 Contact Points 23
  • Article   19.12 Exceptions 23
  • Article   19.13 Process for Developing Information 24
  • Chapter   20 CONSUMER PROTECTION 24
  • Article   20.1 Objectives 24
  • Article   20.2 Consumer Protection Law 24
  • Article   20.3 Online Consumer Protection 24
  • Article   20.4 Transparency 24
  • Article   20.5 Consumer Redress In Cross-Border Transactions 24
  • Article   20.6 Cooperation 24
  • Article   20.7 Consultations 24
  • Chapter   21 GOOD REGULATORY PRACTICE AND REGULATORY COOPERATION 24
  • Article   21.1 Definitions 24
  • Article   21.2 General Principles 24
  • Article   21.3 Internal Coordination Processes and Mechanisms 24
  • Article   21.4 Public Consultation 24
  • Article   21.5 Impact Assessment 24
  • Article   21.6 Access to Regulatory Measures 24
  • Article   21.7 Periodic Review of Measures 24
  • Article   21.8 Cooperation General Provisions 24
  • Article   21.9 Cooperation on Good Regulatory Practice 24
  • Article   21.10 Contact Points on Good Regulatory Practice 24
  • Article   21.11 General Principles on Regulatory Cooperation 24
  • Article   21.12 Regulatory Cooperation Activities 25
  • Article   21.13 Contact Points on Regulatory Cooperation 25
  • Article   21.14 Relation to other Chapters 25
  • Article   21.15 Dispute Settlement 25
  • Chapter   22 ENVIRONMENT 25
  • Article   22.1 Definitions 25
  • Article   22.2 Maori Environmental Concepts 25
  • Article   22.3 Context and Objectives 25
  • Article   22.4 General Commitments 25
  • Article   22.5 Multilateral Environmental Agreements 25
  • Article   22.6 Climate Change 25
  • Article   22.7 Environmental Goods and Services 25
  • Article   22.8 Fossil Fuel Subsidy Reform and Transition to Clean Energy 25
  • Article   22.9 Marine Capture Fisheries (4) 25
  • Article   22.10 Sustainable Agriculture 26
  • Article   22.11 Sustainable Forest Management 26
  • Article   22.12 Conservation of Biological Diversity 26
  • Article   22.13 Resource Efficient and Circular Economy 26
  • Article   22.14 Ozone Depleting Substances and Hydrofluorocarbons 26
  • Article   22.15 Air Quality 26
  • Article   22.16 Protection of the Marine Environment from Ship Pollution and Marine Litter 26
  • Article   22.17 Voluntary Mechanisms to Enhance Environmental Performance 26
  • Article   22.18 Responsible Business Conduct and Corporate Social Responsibility 26
  • Article   22.19 Cooperation 26
  • Article   22.20 Institutional Arrangements 27
  • Article   22.21 Public Submissions 27
  • Article   22.22 Independent Advisory Groups 27
  • Article   22.23 Environment Consultations 27
  • Article   22.24 Joint Committee Consultations 27
  • Article   22.25 Ministerial Consultations 27
  • Article   22.26 Dispute Resolution 27
  • Chapter   23 TRADE AND LABOUR 27
  • Article   23.1 Definitions 27
  • Article   23.2 Objective 27
  • Article   23.3 Statement of Shared Commitment 27
  • Article   23.4 Right to Regulate and Levels of Protection 27
  • Article   23.5 Labour Rights  (1) 27
  • Article   23.6 Trade and Labour 27
  • Article   23.7 Decent Work 27
  • Article   23.8 Non-Discrimination and Gender Equality In the Workplace 27
  • Article   23.9 Modern Slavery 27
  • Article   23.10 Corporate Social Responsibility and Responsible Business Conduct 27
  • Article   23.11 Labour Cooperation 27
  • Article   23.12 Public Awareness 27
  • Article   23.13 Procedural Guarantees 27
  • Article   23.14 Advisory Groups 27
  • Article   23.15 Public Submissions 27
  • Article   23.16 Contact Points 28
  • Article   23.17 Labour Sub-Committee 28
  • Article   23.18 Labour Consultations 28
  • Article   23.19 Joint Committee Consultations 28
  • Article   23.20 Ministerial Consultations 28
  • Article   23.21 Consultation Procedure 28
  • Article   23.22 Dispute Settlement 28
  • Chapter   24 SMALL AND MEDIUM-SIZED ENTERPRISES 28
  • Article   24.1 General Principles 28
  • Article   24.2 Information Sharing 28
  • Article   24.3 Cooperation to Increase Trade and Investment Opportunities for SMEs 28
  • Article   24.4 Cooperation on Implementation of this Agreement 28
  • Article   24.5 SME Contact Points 28
  • Article   24.6 Obligations In the Agreement That Benefit SMEs 28
  • Article   24.7 Non-Application of Dispute Settlement 28
  • Chapter   25 TRADE AND GENDER EQUALITY 28
  • Article   25.1 Maori Terminology 28
  • Article   25.2 Objectives 28
  • Article   25.3 General Commitments 28
  • Article   25.4 International Instruments 28
  • Article   25.5 Cooperation 28
  • Article   25.6 Inclusive Trade Sub-Committee 29
  • Article   25.7 Contact Points 29
  • Article   25.8 Non-Application of Dispute Settlement 29
  • Chapter   26 MAORI TRADE AND ECONOMIC COOPERATION 29
  • Article   26.1 Maori Terminology 29
  • Article   26.2 Context and Purpose 29
  • Article   26.3 International Instruments 29
  • Article   26.4 Provisions Across the Agreement Benefitting Maori 29
  • Article   26.5 Cooperation Activities 29
  • Article   26.6 Recognition of Haka Ka Mate 29
  • Article   26.7 Inclusive Trade Sub-Committee 29
  • Article   26.8 Non-Application of Dispute Settlement 29
  • Chapter   27 TRADE AND DEVELOPMENT 29
  • Article   27.1 General Provisions 29
  • Article   27.2 Cooperation 29
  • Article   27.3 Inclusive Trade Sub-Committee 29
  • Article   27.4 Contact Points 29
  • Article   27.5 Dispute Settlement 29
  • Chapter   28 ANTI-CORRUPTION 29
  • Article   28.1 Definitions 29
  • Article   28.2 Scope 29
  • Article   28.3 Measures to Prevent and Combat Bribery and Corruption 29
  • Article   28.4 Persons That Report Bribery or Corruption Offences 30
  • Article   28.5 Promoting Integrity Among Public Officials 30
  • Article   28.6 Participation of Private Sector and Civil Society 30
  • Article   28.7 Application and Enforcement of Measures to Prevent and Combat Bribery and Corruption 30
  • Article   28.8 Relation to other Agreements 30
  • Article   28.9 Cooperation, Consultation, and Dispute Settlement 30
  • Chapter   29 TRANSPARENCY 30
  • Article   29.1 DefinitionsFor the Purposes of this Chapter: 30
  • Article   29.2 Publication 30
  • Article   29.3 Administrative Proceedings 30
  • Article   29.4 Review and Appeal  (1) 30
  • Article   29.5 Provision of Information 30
  • Article   29.6 Accessible and Open Government 30
  • Chapter   30 INSTITUTIONAL PROVISIONS 30
  • Article   30.1 Establishment of the Joint Committee 30
  • Article   30.2 Functions of the Joint Committee 30
  • Article   30.3 General Review 30
  • Article   30.5 Contact Points 30
  • Article   30.6 Exchange of Information 30
  • Article   30.7 Domestic Engagement 30
  • Article   30.8 Inclusive Trade Sub-Committee 30
  • Article   30.9 Sub-Committees 31
  • Article   30.10 Working Groups 31
  • Chapter   31 DISPUTE SETTLEMENT 31
  • Article   31.1 Definitions 31
  • Article   31.2 Objective 31
  • Article   31.3 Cooperation 31
  • Article   31.4 Scope 31
  • Article   31.5 Consultations 31
  • Article   31.6 Establishment of a Panel 31
  • Article   31.7 Composition of a Panel 31
  • Article   31.8 Qualifications of ArbitratorsAll Arbitrators Shall: 31
  • Article   31.9 Functions of a Panel 31
  • Article   31.10 Terms of Reference of a Panel 31
  • Article   31.11 Rules of Interpretation of a Panel 31
  • Article   31.12 Reports of a Panel 31
  • Article   31.13 Compliance with the Final Report 31
  • Article   31.14 Compliance Review 32
  • Article   31.15 Temporary Remedies In Case of Non-Compliance 32
  • Article   31.16 Compliance Review after the Adoption of Temporary Remedies 32
  • Article   31.17 Administration of the Dispute Settlement Procedure 32
  • Article   31.18 Choice of Forum 32
  • Article   31.19 Cases of Urgency 32
  • Article   31.20 Good Offices, Conciliation, and Mediation 32
  • Article   31.21 Mutually Agreed Solution 32
  • Article   31.22 Suspension and Termination of Proceedings 32
  • Article   31.23 Rules of Procedure and Code of Conduct 32
  • Article   31.24 Time Periods 32
  • Article   31.25 Expenses 32
  • Annex 31 A  RULES OF PROCEDURE 32
  • Appendix 31 A-a  CONFIDENTIAL INFORMATION 33
  • Appendix 31 A-b  DECLARATION OF NON-DISCLOSURE 33
  • Annex 31 B  CODE OF CONDUCT 33
  • Section   A Provision of Code of Conduct 33
  • Section   B Governing Principles 33
  • Section   C Disclosure Obligations 33
  • Section   D Performance of Duties 33
  • Section   E Independence and Impartiality of Arbitrators 33
  • Section   F Duties of Former Arbitrators 33
  • Section   G Maintenance of Confidentiality 33
  • Section   H Responsibilities of Experts, Assistants, Staff, and ADR Providers 33
  • Appendix 31 B-a  INITIAL DISCLOSURE STATEMENT 33
  • Chapter   32 GENERAL EXCEPTIONS AND GENERAL PROVISIONS 33
  • Article   32.1 General Exceptions 33
  • Article   32.2 Security Exceptions 33
  • Article   32.3 Measures to Safeguard the Balance of Payments 33
  • Article   32.4 Taxation Measures 33
  • Article   32.5 Treaty of Waitangi 34
  • Article   32.6 The National Health Service of the United Kingdom and the New Zealand Health and Disability System 34
  • Article   32.7 Disclosure of Information 34
  • Article   32.8 Confidentiality 34
  • Chapter   33 FINAL PROVISIONS 34
  • Article   33.1 Annexes, Appendices, and Footnotes 34
  • Article   33.2 Amended or Successor International Agreements 34
  • Article   33.3 Amendments 34
  • Article   33.4 Termination 34
  • Article   33.5 Laws and Regulations and Their Amendments 34
  • Article   33.6 Territorial Extension 34
  • Article   33.7 Territorial Disapplication 34
  • Article   33.8 Entry Into Force 34
  • Annex I  CROSS-BORDER TRADE IN SERVICES AND INVESTMENT. NON-CONFORMING MEASURES 34
  • Annex I  Schedule of New Zealand 34
  • Annex I  Schedule of the United Kingdom 35
  • Annex II  CROSS-BORDER TRADE IN SERVICES AND INVESTMENT. NON-CONFORMING MEASURES 35
  • Annex II  Schedule of New Zealand 36
  • Annex II  Schedule of the United Kingdom 39