(c) the distribution of a fixation of their performances, or fixed copies thereof, to the public;
(d) the making available to the public of their fixed performances, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them;
(e) the broadcasting or other communication to the public of their performances, except where the broadcasting or the other communication:
(i) is made from a fixation of the performances which the performers have authorised to be made; or
(ii) is a rebroadcasting made or authorised by the organisation initially broadcasting the performances;
Article 10.34. Producers of Phonograms
Each Party shall provide phonogram producers with the exclusive right to authorise:
(a) the direct or indirect reproduction of the phonogram in any manner or form;
(b) the distribution of the original or copies of the phonograms to the public;
(c) the making available to the public of their phonograms, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them;
Article 10.35. Term of Protection
1. The rights of an author of a work shall be protected in accordance with the duration of time provided for in the respective domestic laws of the Parties.
2. The rights of performers shall be protected in accordance with the duration of time provided for in the respective domestic laws of the Parties.
3. For a phonogram, the economic rights shall be protected in accordance with the duration of time provided for in the respective domestic laws of the Parties from the date on which the work was made or first made available to the public by publication, or by any other means, whichever date is the latest.
4. For a work published anonymously or under a pseudonym, the economic and moral rights shall be protected in accordance with the duration of time provided for in the respective domestic laws of the Parties from the date on which the work was made or first made available to the public, by publication or by any other means, whichever date is the latest, where the author's identity is revealed or is no longer in doubt before the expiration of the said period.
5. Each Party may provide for longer terms of protection than those provided for in this Article.
6. Every period provided for under this section shall run to the end of the calendar year in which it would otherwise expire.
Article 10.36. Collective Management
The Parties recognise the role of collective management societies for copyright and related rights in collecting and distributing royalties based on practices that are fair, efficient, transparent and accountable, which may include appropriate record keeping and reporting mechanisms.
Article 10.37. Exceptions and Limitations
Each Party shall confine limitations or exceptions to certain special cases, which do not conflict with a normal exploitation of the work or other subject-matter and do not unreasonably prejudice the legitimate interests of the right holders.
Article 10.38. Obligations Concerning Protection of Technological Measures and Rights Management Information
1. Each Party shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by authors, performers or producers of phonograms in connection with the exercise of their rights as provided under this Agreement, that restrict acts, in respect of their works, performances or phonograms, which are not authorised by the authors, performers or producers of phonograms concerned or permitted by law.
2. Each Party shall provide adequate and effective legal remedies against any person who knowingly, without authorisation removes or alters any electronic rights management information and/or distributes, imports for distribution, broadcasts or communicates to the public, without authority, works or copies of works knowing that electronic rights management information has been removed or altered without authority.
Article 10.39. Protection of Rights Management Information
1. No person shall -
(a) remove or alter any electronic rights management information without the consent of the right holder; or
(b) distribute, import for distribution, broadcast or communicate to the public of works or other subject matter protected under this Act from which electronic copyright management information has been removed or altered without the authorisation of the right owner when such act will induce, enable, facilitate or conceal an infringement of any right covered by this Act.
2. Paragraph 1 shall not prohibit any governmental activities for public policy or security authorised by law.
Section H. Enforcement
Article 10.40. General Obligation In Enforcement
Each Party shall ensure that enforcement procedures as specified in this Section are available under its law so as to permit effective action against any act of infringement of intellectual property rights covered by this Chapter, including expeditious remedies to prevent infringements and remedies that constitute a deterrent to future infringements. These procedures shall be applied in such a manner as to avoid the creation of barriers to legitimate trade and to provide for safeguards against their abuse.
Article 10.41. Border Measures
1. Each Party shall, in conformity with its domestic law and regulations and the provisions of Part III, Section 4 of the TRIPS Agreement adopt or maintain procedures to enable a right holder, who has valid grounds for suspecting that the importation of counterfeit trademarks or pirated copyright goods may take place, to lodge an application in writing with the competent authorities in the Party in which the border measure procedures are applied, for the suspension by that Party's customs authorities of the release into free circulation of such goods.
2. A Party may enable such an application to be made in respect of goods which involve other infringements of intellectual property rights, provided that the requirements of Part III, Section 4 of the TRIPS Agreement are met. A Party may also provide for corresponding procedures concerning the suspension by the customs authorities of the release of infringing goods destined for exportation from their territory as per its domestic laws and regulation.
Chapter 11. TRANSPARENCY IN GOVERNMENT PROCUREMENT
Article 11.1. Definitions
For the purpose of this chapter, the following words and expressions shall have the meaning ascribed thereto hereinafter:
competent authorities refer to:
(i) for the UAE, the Financial Policies and Government Accounting Standards Department, Ministry of Finance:
(ii) for Mauritius, the Procurement Policy Office (PPO), Ministry of Finance, Economic Planning and Development (MOFEPD);
goods or services mean goods or services that a procuring entity needs to carry out its business;
measure means any law, by-law, regulation, policy, procedure, administrative guidance, manual or practice, or any action of a procuring entity relating to procurement;
notice of procurement means a notice published by a procuring entity to announce a new procurement opportunity;
procuring entity means an entity listed in Annex 11A (UAE Procuring Entities) for the UAE and Annex 11B (Mauritius Procuring Entities);
Procurement System means the purchasing electronic procurement system/ electronic procurement system provided by the competent authorities for the government procurement entities to conduct end-to-end procurement processes which ensures integrity and transparency;
qualified supplier means a supplier that a procuring entity recognizes as having satisfied the conditions for participation; and
supplier means natural or moral persons that provide or could provide goods or services to a procuring entity.
Article 11.2. Objectives
The Parties understand the importance of transparent and impartial public procurement to promote economic development and industrialization, and recognise the importance of cooperation for the purpose of greater transparency in the field of government procurement.
Article 11.3. Scope
This Chapter shall apply to the laws, regulations and practices of a Party regarding transparency in government procurement implemented by its government procurement entities.
Article 11.4. Areas of Cooperation
1. The Parties shall endeavour to co-operate on matters relating to government procurement, with a view to achieving a better understanding of each Party's respective government procurement systems. Such co-operation may include:
a) exchanging experience and information, such as laws and regulations any modifications thereof, and best practices and statistics;
b) sharing experiences and templates on the use of electronic means in government procurement, and other issues related to government procurement; and
c) ensuring the confidentiality of information in e-procurement.
2. Each Party shall make publicly available its laws and regulations regarding government procurement as per each party's laws and regulations.
Article 11.5. Information on the Procurement System
1. Each Party shall publish its respective laws and regulations and information on government procurement in the sources listed in Annexes 11A (UAE Procuring Entities) and 11B (Mauritius Procuring Entities)to this Chapter. In order to provide greater transparency, each Party shall ensure public access to these sources of information.
2. Each Party shall endeavour to publish in electronic form the available information about government procurement (notice on procurement bid, procurement documentation, changes to such notices and documentation, clarifications of the procurement documentation, protocols/ guidelines and manuals drawn up in the procurement process, information on procurement results).
3. Each Party shall publish any changes to the relevant laws and regulations or government procurement information in the sources listed in Annexes 11A (UAE Procuring Entities) and 11B (Mauritius Procuring Entities)to this Chapter or notify each other of such changes by other means as soon as possible.
4. In respect of procurement conducted by entities within the scope of this Chapter, each Party shall endeavour to use electronic means to the widest extent practicable.
Article 11.6. Consultations
1. On request of a Party, the other Party shall provide within a reasonable period of time clarification on any issue related to government procurement.
2. For all matters concerning the application of this Chapter in the relations between the Parties, including in the event of any disagreement related to its interpretation and application, consultations shall be held upon request of either Party.
3. A request for such consultations shall be submitted to the other Party's contact point established under Article 11.8. Unless the Parties agree otherwise, they shall hold consultations within 60 days of the date of receipt of the request.
5. Consultations may be conducted in the format mutually agreed by the Parties.
Article 11.7. Non-Application of Dispute Settlement
Neither Party shall have recourse to Chapter 15 (Dispute Settlement) of this Agreement for any matter arising under this Chapter.
Article 11.8. Contact Points
1. Each Party shall designate a contact point to monitor the implementation of this Chapter. The contact points shall work collaboratively to facilitate the implementation of this Chapter.
2. The Parties shall provide each other with the names and contact details of their contact points.
3. The Parties shall notify each other of any change to their contact points.
Article 11.9. Review
The Parties may review this Chapter pursuant to Article 18.2 (Final Provisions) with the view to enhancing and deepening the level of transparency and cooperation.
Chapter 12. INVESTMENT FACILITATION
Article 12.1. UAE-Mauritius Agreement for the Promotion and Reciprocal Protection of Investments
The Parties note the existence of and reaffirm the Agreement Between the Government of the United Arab Emirates and the Government of the Republic of Mauritius for the Promotion and Reciprocal Protection of Investments, done at Dubai on 20 September 2015 (hereinafter the "UAE-Mauritius Agreement for the Promotion and Reciprocal Protection of Investments") and any subsequent amendments thereto.
Article 12.2. Promotion of Investment
The Parties affirm their desire to promote an attractive investment climate and expand trade in products and services. Consistent with Article 2 (Promotion and Encouragement of Investments) of the UAE-Mauritius Agreement for the Promotion and Reciprocal Protection of Investments, the Parties shall take appropriate measures to encourage and facilitate the flow of investments and to secure favorable conditions for long-term economic development and diversification of trade and investments between the two countries.
Article 12.3. Technical Council
The Parties shall establish a UAE-Mauritius Council on Investment (hereinafter the "Council"), which shall be composed of representatives of both Parties. The side of the UAE will be chaired by Ministry of Finance and the side of Mauritius will be chaired by the Ministry responsible for the subject of Finance. The Council may establish working groups as may be necessary by mutual agreement.
Article 12.4. Objectives of the Council
The objectives of the Council are:
a) to promote and enhance the economic cooperation between the Parties;
b) to monitor trade and investment relations, to identify opportunities for expanding investment, and to identify issues relevant to investment that may be appropriate for negotiation in an appropriate forum;
c) to hold consultations on specific investment matters of interest to the Parties;
d) to work toward the enhancement of investment flows;
e) to identify and work toward the removal of impediments to investment flows; and
f) to seek the views of the private sector, where appropriate, on matters related to the work of the Council.
Article 12.5. Role of the Council
The Council shall meet at such times and venues as agreed by the Parties, but the Parties shall endeavor to meet no less than once per year. A Party may refer a specific investment matter to the Council by delivering a written request to the other Party that includes a description of the matter concerned. The Council shall take up the matter promptly after the request is delivered unless the requesting Party agrees to postpone discussion of the matter. Each Party shall endeavor to provide for an opportunity for the Council to discuss a matter before taking actions that could affect adversely the investment interests of the other Party.
Article 12.6. Non-Application of Dispute Settlement
The Parties agree that nothing in this Chapter shall be subject to any dispute settlement mechanism.
Chapter 13. ECONOMIC COOPERATION
Article 13.1. Objectives and Scope
1. The Parties shall promote economic cooperation under this Agreement for their mutual benefit, including through the liberalisation and facilitation of trade and investment between the Parties and to foster economic growth.
2. Economic cooperation under this Chapter shall be built upon a common understanding between the Parties, including inter-alia to support the implementation of this Agreement, with the objective of maximising its benefits, supporting pathways to trade and investment facilitation, and further improving market access and openness to contribute to the sustainable inclusive economic growth and prosperity of the Parties.
Article 13.2. Areas of Cooperation
1. Economic cooperation under this Chapter shall initially focus on the following areas:
(a) Manufacturing industries;
(b) Pharmaceuticals and healthcare;
(c) Light engineering;
(d) Agriculture and fisheries;
(e) Trade and investment promotion;
(f) Tourism;
(g) Education;
(h) Training and capacity building;
(i) Information and communication technology, including e-commerce and digital trade;
(j) Trade in services;
(k) Renewable energies; and
(l) Sustainable development.
2. The Parties may agree in the Annual Work Program on Economic Cooperation Activities to modify the above list, including by adding other areas for economic cooperation.
Article 13.3. Annual Work Program on Economic Cooperation Activities
1. The Subcommittee on Economic Cooperation shall adopt an Annual Work Program on Economic Cooperation Activities (the "Annual Work Program") based on proposals submitted by the Parties.
2. Each activity in an Annual Work Program developed under this Chapter shall: (i) be guided by the objectives agreed in Article 8.1; (ii) be related to trade or investment and support the implementation of this Agreement; (iii) involve both Parties; (iv) address the mutual priorities of the Parties; and (v) avoid duplicating existing economic cooperation activities.
Article 13.4. Competition Policy
1. The Parties recognise the importance of general cooperation in the area of competition policy. The Parties may cooperate to exchange information relating to the development of competition policy, subject to their domestic laws and regulations and available resources. The Parties may conduct such cooperation through their competent authorities.
2. The Parties may consult on matters related to anti-competitive practices and their adverse effects to trade. The consultations shall be without prejudice to the autonomy of each Party to develop, maintain, and enforce its domestic competition laws and regulations.
Article 13.5. Resources
1. Resources for economic cooperation under this Chapter shall be provided in a manner as agreed by the Parties and in accordance with the laws and regulations of the Parties.
2. The Parties, on the basis of mutual benefit, may consider cooperation with, and contributions from, external parties to support the implementation of the Annual Work Program.
Article 13.6. Means of Cooperation
1. The Parties will endeavour to encourage technical, technological, and scientific economic cooperation, through the following ways:
(a) joint organization of conferences, seminars, workshops, meetings, training sessions, and outreach and education programs;
(b) exchange of delegations, professionals, technicians, and specialists from the academic sector, institutions dedicated to research, private sector, and governmental agencies, including study visits and internship programs for professional training;
(c) dialogue and exchange of experiences between the Parties' private sector and agencies involved in trade promotion;
(d) initiation of the knowledge-sharing platform aiming to transfer experience and best practices in the field of government development and modernization to other countries through UAE's Government Experience Exchange Programme; and
(e) any other form of cooperation that may be agreed by the Parties.
2. The Parties shall explore the possibility of:
(a) sourcing originating goods from each other to be put on sale at their duty free shops at their airports;
(b) promoting joint business initiatives between entrepreneurs of the Parties; and
(c) developing and implementing strategies between each other to maximise the opportunities that exist for strategic partnership especially in the context of the AfCFTA and other bilateral agreements. To that end, they agree to establish a platform that shall also comprise of the business communities of both countries to elaborate and implement projects and collaborative ventures.
Article 13.7. Collaboration In Global Value Chains
1. The Parties acknowledge the importance of Global Value Chains ("GVCs"), as a means to modernize and widen bilateral economic relations between the Parties' traders and investors.
2. The Parties acknowledge that international trade and investment are engines of economic growth and intend to facilitate their company's internationalization and their insertion into GVCs.
3. The Parties affirm the relevance of Micro, Small, and Medium Enterprises ("MSMEs") in a countries' productive structure and their impact on employment, and that their adequate insertion into GVCs will contribute to a better allocation of resources and the economic benefits derived from international trade, including the diversification and enhancing of value added in exports.
4. The Parties acknowledge the importance of the participation of the private sector as well as the entrepreneurial community as fundamental actors within GVCs, and the relevance of creating an adequate environment.
Article 13.8. Subcommittee on Economic Cooperation
1. For the purposes of the effective implementation and operation of this Chapter, the Parties hereby establish a Subcommittee on Economic Cooperation.
2. The Subcommittee on Economic Cooperation shall be chaired by:
(a) for Mauritius, the Economic Development Board; and
(b) for the UAE, the Ministry of Economy.
3. The Subcommittee on Economic Cooperation shall undertake the following functions:
(a) monitor and assess the implementation of this Chapter;
(b) identify new opportunities and agree on new ideas for prospective cooperation or capacity building activities;
(c) formulate and develop Annual Work Programme proposals and their implementation mechanisms;
(d) coordinate, monitor, and review progress of the Annual Work Programme to assess its overall effectiveness and contribution to the implementation and operation of this Chapter;
(e) suggest amendments to the Annual Work Programme through periodic evaluations;