2. All communication between the Parties on any matter covered by this Chapter shall be conducted through the Contact Points designated under Article 6.10.
3. On request of a Party for technical discussions on any matter arising under this Chapter, the Parties shall endeavor, to the extent practicable, to enter into technical discussions by notifying the Contact Points designated under Article 6.10.
Chapter 7. TRADE REMEDIES
Article 7.1. Scope
1. With respect to the UAE, this Chapter shall apply to investigations and measures that are taken under the authority of the Ministry of Economy or its successor.
2. With respect to Mauritius, this Chapter shall apply to investigations and measures that are taken under the authority of the International Trade Division of the Ministry of Foreign Affairs, Regional Integration and International Trade or its successor.
Article 7.2. Anti-Dumping and Countervailing Measures
1. The Parties reaffirm their rights and obligations under the provisions of Articles VI and XVI of the GATT 1994; the Agreement on Implementation of Article VI of GATT 1994 (Anti-Dumping Agreement); and the Subsidies and Countervailing Measures Agreement (SCM Agreement).
2. The Parties recognize the right to apply measures consistent with Article VI of the GATT 1994, the Anti-Dumping Agreement, and the SCM Agreement, and the importance of promoting transparency in anti-dumping and countervailing duty proceedings and of ensuring the opportunity of all interested parties to participate meaningfully in such proceedings.
3. Except as otherwise stipulated in this Article, this Agreement does not confer any additional rights or obligations on the Parties with regard to anti-dumping and countervailing measures, including the initiation and conduct of anti-dumping and anti-subsidy investigations as well as the application of anti-dumping and/or countervailing measures.
4. When the investigating authority of a Party receives a written application by or on behalf of its domestic industry for the initiation of an anti-dumping investigation in respect of a good from the other Party, the former Party shall notify the other Party of the application as far in advance of the initiation of such investigation as possible. The Party shall provide written notification of its receipt of the application to the other Party and invite the other Party for consultations with the aim of clarifying the situation as to the matters referred to in the application and arriving at a mutually agreed solution.
5. The investigation authority of a Party shall ensure, before a final determination is made, disclosure of all essential facts under consideration which form the basis for the decision whether to applying definitive measures. This is without prejudice to Article 6.5 of the Anti-Dumping Agreement and Article 12.4 of the SCM Agreement. Disclosures shall be made in writing and allow interested parties sufficient time to make their comments. The investigating authority shall give due consideration to the comments submitted by the interested parties.
Article 7.3. Bilateral Safeguard Measures
1. Definitions
For the purposes of this Article:
domestic industry means the producers as a whole of the like or directly competitive products operating in the territory of the Party, or those whose collective output of the like or directly competitive products constitutes a major proportion of the total domestic production of such products;
MFN means "most favoured nation" treatment in accordance with Article I of GATT 1994;
MFN applied rate means the MFN rate applied by either Party in accordance with its Schedule of Concessions under Article II of GATT 1994;
serious injury means the significant overall impairment in the position of a domestic industry;
threat of serious injury means the serious injury that is clearly imminent, based on facts and not merely on allegation, conjecture, or remote possibility.
2. Conditions for Application of Bilateral Safeguard Measures
(a) The Parties can apply, bilateral safeguard measures under the conditions established in this Article, where a product under preferential terms originating in one Party is being imported into the other Party in such increased quantities, absolute or relative to, domestic production of the importing Party and under such conditions as to cause or threaten to cause serious injury to the importing Party's domestic industry.
(b) Bilateral safeguard measures shall be applied following an investigation by the competent authorities of the importing Party under the procedures established in this Article.
(c) No Party may apply with respect to the same product at the same time -
(i) a bilateral safeguard measure and
(ii) a measure under article XIX of GATT 1994 and the WTO Agreement on Safeguards.
3. Exceptions
Bilateral safeguard measures may not be applied to any product in the first year after the tariff preferences negotiated under the Agreement come into force.
4. Imposition of a Bilateral Safeguard Measure
If as a result of the reduction or elimination of the customs duty under this Agreement, an originating product of a Party is being imported into the territory of the other Party as referred to in paragraph 2(a), such Party may:
(a) suspend the further reduction of any rate of customs duty on that product provided for under this Agreement; or
(b) increase the rate of customs duty on that product to a level not to exceed the lesser of:
(i) the MFN applied rate of customs duty on that product in effect at the time the measure is taken; and
(ii) the MFN applied rate of customs duty on that product in effect on the day immediately preceding the date of entry into force of this Agreement.
5. Period of Application
(a) The total period of application of a bilateral safeguard measure, including the period of application of any provisional measure shall not exceed two year, save that in exceptional circumstances, the period may be extended by up to an additional one year, to a total maximum of three years from the date of first imposition of the
The total period of application of a bilateral safeguard measure, including the period of application of any provisional measure shall not exceed two year, save that in exceptional circumstances, the period may be extended by up to an additional one year, to a total maximum of three years from the date of first imposition of the measure if the investigating authorities determine in conformity with procedures set out in paragraph 7(b), that the safeguard measure continues to be necessary to prevent or remedy serious injury or threat thereof, and to facilitate adjustment provided that there is evidence that the industry is adjusting.
(b) No bilateral safeguard shall be applied again to the import of a product under preferential treatment which has been subject to such a measure unless the period of non-application is at least of one year from the end of the previous measure.
(c) Where the expected duration of the bilateral safeguard measure is over 1 year, the importing Party shall endeavour to progressively liberalise it at regular intervals.
6. Imports Prior to Application of this Article
The bilateral safeguard measures applied in accordance with this Article shall not affect the imports, which have been cleared by the Customs Authority of importing Party prior to the date of entry into force of the measure.
7. Investigation
(a) A Party proposing to apply a definitive bilateral safeguard measure shall provide adequate opportunity for prior consultations with the exporting Party.
(b) The investigation under this Article shall be conducted in accordance with Articles 3 and 4.2 of the Safeguards Agreement and to this end Articles 3 and 4.2 of the Safeguards Agreement are incorporated into and made part of this Agreement, mutatis mutandis.
(c) The investigation shall be promptly terminated and no measure taken if the preferential imports of the subject product represent less than 3 per cent of total imports.8
8. Duration of Investigation and Date of Final Decision.
8 The time frame to be used for calculating the applicable percentages shall be the 12-month period prior to the filing of the petition.
The period between the date of publication of the decision to initiate the investigation under paragraph 7 and the publication of the final decision shall not exceed one year.
9. Transparency and Confidentiality
(a) Each Party shall establish or maintain transparent, effective and equitable procedures for the impartial and reasonable application of bilateral safeguard measures, in compliance with the provisions of this Article.
(b) Any information which is by nature confidential or which is provided on a confidential basis shall, upon cause being shown, be treated as such by the competent authorities. Such information shall not be disclosed without permission of the party submitting it. Parties providing confidential information may be requested to furnish non-confidential summaries thereof or, if such parties indicate that such information cannot be summarized, the reasons why a summary cannot be provided. However, if the competent authorities find that a request for confidentiality is not warranted and if the party concerned is either unwilling to make the information public or to authorize its disclosure in generalized or summary form, the authorities may disregard such information unless it can be demonstrated to their satisfaction from appropriate sources that the information is correct.
10. Provisional Safeguards
(a) In critical circumstances where delay may cause damage which would be difficult to repair, a Party, after prior notification to the other Party, may take a provisional safeguard measure pursuant to a preliminary determination that there is clear evidence that increased preferential imports have caused or are threatening to cause serious injury to the importing Party's domestic industry.
(b) The duration of the provisional measure taken under subparagraph (a) shall not exceed two hundred (200) days, during which period the requirements of this Article shall be met.
(c) Where, the final determination concludes that there was no serious injury or threat thereof to domestic industry caused by imports under preferential terms, the increased tariff, if collected under the provisional measures, shall be promptly refunded.
11. Notification
(a) A Party shall immediately notify the other Party by a written notice or by electronic communication upon:
(i) initiating an investigatory process relating to serious injury or threat thereof and the reasons for it;
(ii) making a finding of serious injury or threat thereof caused by increased preferential imports;
(iii) taking a decision to apply a provisional or definitive safeguard measure.
(b) In making the notification referred to in subparagraphs (a)(ii) and (iii), the Party proposing to apply a safeguard measure shall provide the other Party with all pertinent information, which shall include evidence of serious injury or threat thereof caused by the increased preferential imports, precise description of the product involved and the proposed measure, proposed date of introduction and expected duration, as applicable.
Article 7.4. Global Safeguard Measures
1. Notwithstanding the provisions of Article 7.3, each Party retains its rights and obligations under Article XIX of GATT 1994 and the Safeguards Agreement. This Agreement does not confer any additional rights or obligations on the Parties with regard to actions taken under Article XIX of GATT 1994 and the Safeguards Agreement.
2. A Party taking a global safeguard measure shall exclude imports of an originating good of the other Party as long as its share of imports of the product concerned in the importing Party does not exceed 3 per cent of total imports of the concerned product, provided that developing country WTO Members with less than 3 per cent import share collectively account for not more than 9 per cent of total imports of the product concerned.
3. Where, as a result of a global safeguard measure, a safeguard duty is imposed, the margin of preference, in accordance with the Schedules of Concessions of the Parties under Chapter 2 (Trade in Goods), shall be maintained.
Article 7.5. Dispute Settlement
Neither Party shall have recourse to Chapter 15 (Dispute Settlement) of this Agreement for any matter arising under this Chapter.
Chapter 8. TRADE IN SERVICES
Article 8.1. Definitions
For the purposes of this Chapter:
(a) a service supplied in the exercise of governmental authority means any service which is supplied neither on a commercial basis, nor in competition with one or more service suppliers;
(b) aircraft repair and maintenance services mean such activities when undertaken on an aircraft or a part thereof while it is withdrawn from service and do not include so-called line maintenance;
(c) airport operation and management services mean the supply of air terminal, airfield and other airport infrastructure operation services on a fee or contract basis. Airport operation services do not include air navigation services;
(d) commercial presence means any type of business or professional establishment through:
(i) the constitution, acquisition or maintenance of a juridical person, or
(ii) the creation or maintenance of a branch or representative office within the territory of a Party for the purpose of supplying a service;
(e) computer reservation system services mean services provided by computerised systems that contain information about air carriers' schedules, availability, fares and fare rules, through which reservations can be made or tickets may be issued;
(f) mean the supply at an airport, on a fee or contract basis, of the following: airline representation, administration and supervision; passenger handling; baggage handling; ramp services; catering (except the preparation of the food); air cargo and mail handling; fuelling of an aircraft; aircraft servicing and cleaning; surface transport; and flight operations, crew administration and flight planning. Ground handling services do not include self-handling; security; line maintenance; aircraft repair and maintenance; or management or operation of essential centralised airport infrastructure such as de-icing facilities, fuel distribution systems, baggage handling systems, and fixed intra-airport transport systems;
(g) juridical person means any legal entity duly constituted or otherwise organized under applicable law, whether for profit or otherwise, and whether privately-owned or governmentally-owned, including any corporation, trust/fund, partnership, joint venture, sole proprietorship or association;
(h) juridical person of the other Party means a juridical person which is either:
(i) constituted or otherwise organized under the law of that other Party, and is engaged in substantive business operations in the territory of:
(A) that Party; or
(B) any Member of the WTO and is owned or controlled by natural persons of that other Party or by juridical persons that meet all the conditions of subparagraph (i)(A); or
(ii) in the case of the supply of a service through commercial presence, owned or controlled by:
(A) natural persons of that Party; or
(B) juridical persons of that other Party identified under subparagraph (i) or State entities of the other Party.
(i) a juridical person is:
(i) "owned" by persons of a Party if more than 50 percent of the equity interest in it is beneficially owned by persons of that Party;
(ii) "controlled" by persons of a Party if such persons have the power to name a majority of its directors or otherwise to legally direct its actions; or
(iii) "affiliated" with another person when it controls, or is controlled by, that other person; or when it and the other person are both controlled by the same person.
(j) measure means any measure by a Party, whether in the form of a law, regulation, rule, procedure, decision, administrative action, or any other form;
(k) measures by a Party mean measures taken by:
(i) central, regional or local governments and authorities; and
(ii) non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities;
In fulfilling its obligations and commitments under the Agreement, each Party shall take such reasonable measures as may be available to it to ensure their observance by regional and local governments and authorities and non-governmental bodies within its territory;
(l) measures by a Party affecting trade in services include measures in respect of:
(i) the purchase, payment or use of a service;
(ii) the access to and use of, in connection with the supply of a service, services which are required by a Party to be offered to the public generally; and
(iii) the presence, including commercial presence, of persons of a Party for the supply of a service in the territory of the other Party.
(m) monopoly supplier of a service means any person, public or private, which in the relevant market of the territory of a Party is authorized or established formally or in effect by that Party as the sole supplier of that service;
(n) natural person of the other Party means a national or a permanent resident (9) of the UAE or Mauritius;
(o) person means either a natural person or a juridical person;
(p) sector of a service means:
(i) with reference to a specific commitment, one or more, or all, subsectors of that service, as specified in a Party's Schedule; or
(ii) otherwise, the whole of that service sector, including all of its subsectors;
(q) selling and marketing of air transport services mean opportunities for the air carrier concerned to sell and market freely its air transport services including all aspects of marketing such as market research, advertising and distribution. These activities do not include the pricing of air transport services nor the applicable conditions;
(r) services include any service in any sector except services supplied in the exercise of governmental authority;
(s) service consumer means any person that receives or uses a service;
(t) service of the other Party means a service which is supplied:
(i) from or in the territory of that other Party, or in the case of maritime transport, by a vessel registered under the laws of that other Party, or by a person of that other Party which supplies the service through the operation of a vessel and/or its use in whole or in part; or
(ii) in the case of the supply of a service through commercial presence or through the presence of natural persons, by a service supplier of that other Party;
(u) service supplierof a Party means any natural or juridical person of a Party that supplies a service; (10)
(v) supply of a service includes the production, distribution, marketing, sale and delivery of a service;
(w) trade in services is defined as the supply of a service:
(i) from the territory of a Party into the territory of the other Party;
(ii) in the territory of a Party to the service consumer of the other Party;
(iii) by a service supplier of a Party, through commercial presence in the territory of the other Party;
(iv) by a service supplier of a Party, through presence of natural persons of a Party in the territory of the other Party; and
(x) traffic rights mean the right for scheduled and non-scheduled services to operate and/or to carry passengers, cargo and mail for remuneration or hire from, to, within, or over the territory of a Party, including points to be served, routes to be operated, types of traffic to be carried, capacity to be provided, tariffs to be charged and their conditions, and criteria for designation of airlines, including such criteria as number, ownership, and control.
Article 8.2. Scope and Coverage
1. This Chapter applies to measures adopted or maintained by Parties affecting trade in services.
2. This Chapter shall not apply to:
(a) laws, regulations, or requirements governing the procurement by government agencies of services purchased for governmental purposes and not with a view to commercial resale or with a view to use in the supply of services for commercial sale;
(b) services supplied in the exercise of governmental authority;
(c) subsidies or grants provided by a Party, including government-supported loans, guarantees, and insurance; and
(d) measures affecting natural persons of a Party seeking access to the employment market of the other Party, or measures regarding citizenship, residence or employment on a permanent basis.
Nothing in this Chapter or its Annexes shall prevent a Party from applying measures to regulate the entry of natural persons into, or their temporary stay in, its territory, including those measures necessary to protect the integrity of, and to ensure the orderly movement of natural persons across, its borders, provided that such measures are not applied in such a manner as to nullify or impair the benefits accruing to any Party under the terms of a specific commitment; (11)
(e) measures affecting air traffic rights or measures affecting services directly related to the exercise of air traffic rights, other than measures affecting:
(i) aircraft repair and maintenance services;
(ii) the selling and marketing of air transport services;
(iii) computer reservation system services;
(iv) ground-handling services; or
(v) airport operation services.
Article 8.3. Schedules of Specific Commitments
1. Each Party shall set out in a schedule, called its Schedule of Specific Commitments, the specific commitments it undertakes in accordance with Articles 8.5, 8.6, and 8.7.
2. With respect to sectors where such commitments are undertaken, each Schedule of Specific Commitments shall specify:
(a) terms, limitations and conditions on market access;
(b) conditions and qualifications on national treatment;
(c) undertakings relating to additional commitments;
(d) where appropriate, the time-frame for implementation of such commitments; and
(e) the date of entry into force of such commitments.
3. Measures inconsistent with both Articles 8.5 and 8.6 shall be inscribed in the column relating to Article 8.5. In this case, the inscription will be considered to provide a condition or qualification to Article 8.6 as well.
4. The Parties' Schedules of Specific Commitments are set forth in Annex 8B.
Article 8.4. Most-Favoured Nation Treatment
1. Except as provided for in its List of MFN Exemptions contained in Annex 8A, a Party shall accord immediately and unconditionally, in respect of all measures affecting the supply of services, to services and service suppliers of the other Party treatment no less favourable than that it accords to like services and service suppliers of any non-party.
2. The obligations of paragraph 1 shall not apply to:
(a) Treatment granted under other existing or future agreements concluded by one of the Parties and notified under Article V or V bis of the GATS as well as treatment granted in accordance with Article VII of the GATS or prudential measures in accordance with the GATS Annex on Financial Services.