Japan - Mongolia EPA (2015)
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1. Each Party shall ensure that all transfers related to investments in its Area of an investor of the other Party may be freely made into and out of its Area without delay. Such transfers shall include, in particular, though not exclusively:
(a) the initial capital and additional amounts to maintain or increase investments;
(b) profits, interest, capital gains, dividends, royalties, fees and other current incomes accruing from investments;
(c) payments made under a contract including loan payments in connection with investments;
(d) proceeds of the total or partial sale or liquidation of investments;
(e) earnings and remuneration of personnel from the other Party engaged in activities in connection with investments in the Area of the former Party;
(f) payments made in accordance with Articles 10.9 and 10.10; and
(g) payments arising out of the settlement of a dispute under Article 10.13.
2. Each Party shall further ensure that such transfers may be made without delay in freely usable currencies at the market exchange rate prevailing on the date of the transfer.
3. Notwithstanding paragraphs 1 and 2, a Party may delay or prevent a transfer through the equitable, nondiscriminatory and good-faith application of its laws and regulations related to:
(a) bankruptcy, insolvency or the protection of the rights of creditors;
(b) issuing, trading or dealing in securities;
(c) criminal or penal offenses; or
(d) ensuring compliance with orders or judgments in adjudicatory proceedings.

Article 10.12. Subrogation

If a Party or its designated agency makes a payment to any investor of that Party under an indemnity, guarantee or insurance contract, pertaining to an investment of such investor in the Area of the other Party, the latter Party shall recognize the assignment to the former Party or its designated agency of any right or claim of such investor on account of which such payment is made and shall recognize the right of the former Party or its designated agency to exercise by virtue of subrogation any such right or claim to the same extent as the original right or claim of the investor. As regards payment to be made to that former Party or its designated agency by virtue of such assignment of right or claim and the transfer of such payment, the provisions of Articles 10.9, 10.10 and 10.11 shall apply mutatis mutandi

Article 10.13. Settlement of Investment Disputes between a Party and an Investor of the other Party

1. For the purposes of this Article:
(a) the term "disputing investor" means an investor who is a party to an investment dispute;
(b) the term "disputing Party" means a Party that is a party to an investment dispute;
(c) the term "disputing parties" means the disputing investor and the disputing Party;
(d) the term "ICSID Convention" means the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, done at Washington, March 18, 1965;
(e) the term "ICSID Additional Facility Rules" means the Rules Governing the Additional Facility for the Administration of Proceedings by the Secretariat of the International Centre for Settlement of Investment Disputes;
(f) the term "investment dispute" means a dispute between a Party and an investor of the other Party that has incurred loss or damage by reason of, or arising out of, an alleged breach of any obligation of the former Party under this Chapter with respect to the investor of that other Party or its investment in the Area of the former Party; and
(g) the term "New York Convention" means the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958. 2. Subject to subparagraph 6(a)(i), nothing in this Article shall be construed to prevent a disputing investor from seeking administrative or judicial settlement within the Area of the disputing Party.
3. An investment dispute shall, as far as possible, be settled amicably through consultations between the disputing parties.
4. If the investment dispute cannot be settled through such consultations within 120 days from the date on which the disputing investor requested in writing the disputing Party for the consultations, the disputing investor may, subject to paragraph 6, submit the investment dispute to one of the following international arbitrations:
(a) arbitration in accordance with the ICSID Convention, so long as the ICSID Convention is in force between the Parties;
(b) arbitration under the ICSID Additional Facility Rules, provided that either Party, but not both, is a party to the ICSID Convention;
(c) arbitration under the Arbitration Rules of the United Nations Commission on International Trade Law; and (d) if agreed with the disputing Party, any arbitration in accordance with other arbitration rules.
5. The applicable arbitration rules shall govern the arbitration set forth in paragraph 4 except to the extent modified in this Article.
6. (a) Notwithstanding paragraphs 4 and 8, no claim may be submitted to the arbitration set forth in paragraph 4 unless:
(i) the disputing investor gives the disputing Party written waiver of any right to initiate before any court under the law of either Party or other dispute settlement procedures including the investment dispute settlement procedures under the Bilateral Investment Agreement, any proceedings with respect to any measure of the disputing Party alleged to constitute a breach referred to in subparagraph 1(f); and (ii) the disputing investor has not initiated before the investment dispute settlement procedures under the Bilateral Investment Agreement, any proceedings with respect to any measure of the disputing Party alleged to constitute a breach referred to in subparagraph 1(f).
(b) Notwithstanding subparagraph (a), the disputing investor may initiate or continue an action that seeks interim injunctive relief that does not involve the payment of monetary damages before any competent court of the disputing Party.
7. The disputing investor who intends to submit the investment dispute to arbitration in accordance with paragraph 4 shall give to the disputing Party written notice of intent to do so at least 90 days before the investment dispute is submitted. The notice of intent shall specify:
(a) the name and address of the disputing investor;
(b) the specific measures of the disputing Party at issue and a brief summary of the factual and legal basis of the investment dispute sufficient to present the problem clearly, including the obligations under this Chapter alleged to have been breached;
(c) arbitration set forth in paragraph 4 which the disputing investor chooses to invoke; and
(d) the relief sought and the approximate amount of damages claimed.
8. (a) Each Party hereby consents to the submission of investment disputes by a disputing investor to arbitration set forth in paragraph 4 chosen by the disputing investor.
(b) The consent given under subparagraph (a) and the submission by a disputing investor of an investment dispute to arbitration shall satisfy the requirements of:
(i) Chapter II of the ICSID Convention or the ICSID Additional Facility Rules, for written consent of the parties to a dispute; and
(ii) Article II of the New York Convention for an agreement in writing.
9. Notwithstanding paragraph 8, no investment disputes may be submitted to arbitration set forth in paragraph 4, if more than three years have elapsed since the date on which the disputing investor acquired or should have first acquired, whichever is the earlier, the knowledge that the disputing investor had incurred loss or damage referred to in subparagraph 1(f).
10. Unless the disputing parties otherwise agree, an arbitral tribunal established under paragraph 4 shall comprise three arbitrators, one arbitrator appointed by each of the disputing parties and the third, who shall be the presiding arbitrator, appointed by agreement of the disputing parties. If the disputing investor or the disputing Party fails to appoint an arbitrator or arbitrators within 60 days from the date on which the investment dispute was submitted to arbitration, the Secretary-General of the International Centre for Settlement of Investment Disputes in the case of arbitration referred to in subparagraph 4(a) or 4(b), or the Secretary-General of the Permanent Court of Arbitration, at The Hague in the case of arbitration referred to in subparagraph 4(c) or 4(d), may be requested by either of the disputing parties, to appoint the arbitrator or arbitrators not yet appointed, subject to the requirements of paragraph 11.
11. Unless the disputing parties otherwise agree, the third arbitrator shall not be a national of either Party, nor have his or her usual place of residence in either Party, nor be employed by either of the disputing parties, nor have dealt with the investment dispute in any capacity.
12. Unless the disputing parties otherwise agree, the arbitration shall be held in a country that is a party to the New York Convention.
13. An arbitral tribunal established under paragraph 4 shall decide the issues in dispute in accordance with this Chapter and other provisions of this Agreement as applicable and applicable rules of international law. 14. The disputing Party shall deliver to the other Party:
(a) written notice of the investment dispute submitted to the arbitration no later than 30 days after the date on which the investment dispute was submitted; and
(b) copies of all pleadings filed in the arbitration.
15. The Party which is not the disputing Party may, upon written notice to the disputing parties, make submissions to the arbitral tribunal on a question of interpretation of this Chapter and other provisions of this Agreement as applicable.
16. The arbitral tribunal may order an interim measure of protection to preserve the rights of the disputing investor, or to facilitate the conduct of arbitral proceedings, including an order to preserve evidence in the possession or control of either of the disputing parties. The arbitral tribunal shall not order attachment or enjoin the application of the measure alleged to constitute a breach referred to in subparagraph 1(f).
17. Before ruling on the merits, the arbitral tribunal shall address and, if warranted, decide as a preliminary question any objection by the disputing Party to the jurisdiction of the arbitral tribunal and to the admissibility of the claim of the disputing investor. When the arbitral tribunal decides such an objection as a preliminary question, it may, if warranted, award to the prevailing disputing party reasonable costs and attorney's fees incurred in submitting or opposing the objection. In determining whether such an award is warranted, the arbitral tribunal shall consider whether either the disputing investor's claim or the disputing Party's objection was frivolous. In doing so, the arbitral tribunal shall provide the disputing parties a reasonable opportunity to comment.
18. The arbitral tribunal may award only:
(a) a judgment whether or not there has been a breach by the disputing Party of any obligation under this Chapter with respect to the disputing investor and its investment; and
(b) one or both of the following remedies, only if there has been such a breach:
(i) monetary damages and applicable interest; and
(ii) restitution of property, in which case the award shall provide that the disputing Party may pay monetary damages and any applicable interest, in lieu of restitution. The arbitral tribunal may also award costs and attorneys' fees in accordance with this Article and the applicable arbitration rules.
19. The disputing Party may make available to the public in a timely manner all documents, including an award, submitted to, or issued by, an arbitral tribunal established under paragraph 4, subject to redaction of: (a) confidential business information;
(b) information which is privileged or otherwise protected from disclosure under the applicable laws and regulations of either Party; and
(c) information which shall be withheld in accordance with the relevant arbitration rules.
20. The award rendered by the arbitral tribunal shall be final and binding upon the disputing parties. This award shall be executed in accordance with the applicable laws and regulations, as well as relevant international law including the ICSID Convention and the New York Convention, concerning the execution of award in force in the country where such execution is sought.
21. Neither Party shall give diplomatic protection, or bring an international claim, with respect to an investment dispute which the other Party and an investor of the former Party have consented to submit or submitted to arbitration set forth in paragraph 4, unless the other Party has failed to abide by and comply with the award rendered in such investment dispute. Diplomatic protection, for the purposes of this paragraph, shall not include informal diplomatic exchanges for the sole purpose of facilitating a settlement of the investment dispute.
22. This Article shall apply to disputes regarding taxation measures to the extent covered by Article 10.5, 10.6 or 10.9.

Article 10.14. Temporary Safeguard Measures

1. A Party may adopt or maintain restrictive measures with respect to cross-border capital transactions as well as payment and transfers related to investments:
(a) in the event of serious balance-of-payments and external financial difficulties or threat thereof; or
(b) in exceptional cases where movements of capital cause or threaten to cause serious difficulties for macroeconomic management, in particular monetary and exchange rate policies.
2. Restrictive measures referred to in paragraph 1:
(a) shall be applied on the basis of national treatment and most-favored-nation treatment;
(b) shall be consistent with the Articles of Agreement of the International Monetary Fund;
(c) shall avoid unnecessary damage to the commercial, economic and financial interests of the other Party; (d) shall not exceed those necessary to deal with the circumstances described in paragraph 1; and
(e) shall be temporary and be phased out progressively as the situation specified in paragraph 1 improves.
3. Any restrictions adopted or maintained in accordance with paragraph 1, or any changes therein, shall be promptly notified to the other Party.
4. Nothing in this Article shall be construed to alter the rights enjoyed and obligations undertaken by a Party as a party to the Articles of Agreement of the International Monetary Fund.

Article 10.15. Prudential Measures

1. Notwithstanding any other provisions of this Chapter, a Party shall not be prevented from adopting or maintaining measures related to financial services for prudential reasons, including measures for the protection of investors, depositors, policy holders or persons to whom a fiduciary duty is owed by an enterprise supplying financial services, or to ensure the integrity and stability of its financial system.
2. Where the measures adopted or maintained by a Party in accordance with paragraph 1 do not conform with this Chapter, they shall not be used as a means of avoiding the obligations of the Party under this Chapter.

Article 10.16. Denial of Benefits

1. A Party may deny the benefits of this Chapter to an investor of the other Party that is an enterprise of the other Party and to its investment if the enterprise is owned or controlled by an investor of a non-Party and the denying Party:
(a) does not maintain diplomatic relations with the non-Party; or
(b) adopts or maintains measures with respect to the non-Party that prohibit transactions with the enterprise or that would be violated or circumvented if the benefits of this Chapter were accorded to the enterprise or to its investment.
2. A Party may deny the benefits of this Chapter to an investor of the other Party that is an enterprise of the other Party and to its investment if the enterprise is owned or controlled by an investor of a non-Party and the enterprise has no substantial business activities in the Area of the other Party.

Article 10.17. Health, Safety and Environmental Measures and Labor Standards

The Parties shall refrain from encouraging investment by investors of each Party or of a non-Party by relaxing their respective health, safety or environmental measures or by lowering its labor standards. To this effect each Party should not waive or otherwise derogate from such measures or standards as an encouragement for the establishment, acquisition or expansion in its Area of investments by investors of each Party or of a non-Party.

Article 10.18. Sub-committee on Investment

1. For the purposes of the effective implementation and operation of this Chapter, the Parties hereby establish a Sub-Committee on Investment (hereinafter referred to in this Article as "the Sub-Committee").
2. The functions of the Sub-Committee shall be:
(a) reviewing and monitoring the implementation and operation of this Chapter;
(b) exchanging information on any matters related to this Chapter;
(c) discussing any issues related to this Chapter;
(d) reporting the findings and the outcome of discussions of the Sub-Committee to the Joint Committee; and (e) carrying out other functions as may be delegated by the Joint Committee.
3. The Sub-Committee shall be composed of representatives of the Governments of the Parties.
4. The Sub-Committee may invite representatives of relevant entities other than the Governments of the Parties with the necessary expertise relevant to the issues to be discussed.
5. The Sub-Committee shall hold meetings at such times and venues or by means, as may be agreed by the Parties. 6. This Article shall apply to matters regarding taxation measures to the extent covered by Article 10.5, 10.6 or 10.9.

Article 10.19. Relation to the Bilateral Investment Agreement

1. Notwithstanding paragraph 2 of Article 17 of the Bilateral Investment Agreement, the Bilateral Investment Agreement shall be terminated upon the date of entry into force of this Agreement.
2. The Parties confirm that with respect to investments and returns acquired prior to the date of termination of the Bilateral Investment Agreement, the provisions of Articles 1 through 16 of the Bilateral Investment Agreement shall continue to be effective for a further period of 15 years from that date in accordance with paragraph 3 of Article 17 of the Bilateral Investment Agreement.
3. For the purposes of paragraph 2, nothing in this Agreement shall affect the rights and obligations of a Party under the relevant provisions of the Bilateral Investment Agreement.

Article 10.20. Duration and Termination

With respect to investments acquired prior to the date of termination of this Agreement, the provisions of this Chapter, as well as provisions of this Agreement which are directly related to this Chapter, shall continue to be effective for a period of 10 years from the date of termination of this Agreement.

Chapter 11. Competition

Article 11.1. Anticompetitive Activities

1. Each Party shall, in accordance with its laws and regulations, take measures which it considers appropriate against anticompetitive activities, in order to facilitate trade and investment flows between the Parties through the efficient functioning of its markets.
2. For the purposes of this Chapter, the term "anticompetitive activities" means any conduct or transaction that may be subject to penalties or relief under the competition laws and regulations of the respective Parties.

Article 11.2. Cooperation on Controlling Anticompetitive Activities

1. The Parties shall, in accordance with their respective laws and regulations, cooperate and assist each other for controlling anticompetitive activitieswithin their respective available resources.
2. The details and procedures concerning the implementation of cooperation under this Article shall be specified in the Implementing Agreement.

Article 11.3. Non-discrimination

Each Party shall apply its competition laws and regulations in a manner which does not discriminate between persons in like circumstances on the basis of their nationality.

Article 11.4. Procedural Fairness

Each Party shall implement administrative and judicial procedures in a fair manner to control anticompetitive activities, in accordance with its relevant laws and regulations.

Article 11.5. Transparency

Each Party shall promote transparency of the implementation of its competition laws and regulations and its competition policy.

Article 11.6. Non-application of Paragraph 2 of Article 1.8 and Chapter 16

Paragraph 2 of Article 1.8 and Chapter 16 shall not apply to this Chapter.

Chapter 12. Intellectual Property

Article 12.1. General Provisions

1. The Parties shall grant and ensure adequate, effective and non-discriminatory protection of intellectual property and provide for measures for the enforcement of intellectual property rights against infringement thereof, in accordance with the provisions of this Chapter and the international agreements related to intellectual property to which both Parties are party.
2. The Parties shall also promote efficiency and transparency in the administration of intellectual property system.
3. Nothing in this Chapter shall derogate from existing rights and obligations that the Parties have under the TRIPS Agreement or other international agreements related to intellectual property to which both Parties are party.

Article 12.2. Definition

The term "intellectual property" referred to in this that are under the TRIPS Agreement.

Article 12.3. National Treatment

Each Party shall accord to nationals of the other Party treatment no less favorable than the treatment it accords to its own nationals with regard to the protection of intellectual property in accordance with Articles 3 and 5 of the TRIPS Agreement. Note: For the purposes of this Article:
(a) the term "nationals" shall have the same meaning as in the TRIPS Agreement;
(b) the term "protection" shall include matters affecting the availability, acquisition, scope, maintenance and enforcement of intellectual property rights as well as those matters affecting the use of intellectual property rights specifically addressed in this Chapter; and
(c) for greater certainty, the term "protection of intellectual property" shall include the repression of unfair competition as provided for in Article 12.12.

Article 12.4. Procedural Matters

1. For the purposes of providing efficient administration of intellectual property system, each Party shall take appropriate measures to improve its administrative procedures concerning intellectual property rights.
2. Neither Party shall require the authentication of signatures or other means of self-identification on documents to be submitted to the competent authority of the Party, including applications, translations into a language accepted by such authority of any earlier application whose priority is claimed, powers of attorney and certifications of assignment, in the course of application procedure or other administrative procedures on patents, utility models, industrial designs or trademarks.
3. Notwithstanding paragraph 2, a Party may require:
(a) the authentication of signatures or other means of self-identification, if the law of the Party so provides, where the signatures or other means of self-identification concern the surrender of a patent or a registration of utility models, industrial designs or trademarks; and
(b) the submission of evidence if there is reasonable doubt as to the authenticity of signatures or other means of self-identification on documents submitted to the competent authority of the Party. Where the competent authority notifies the person that the submission of evidence is required, the notification shall state the reason for requiring the submission.
4. Neither Party shall require that the submission of a power of attorney be completed together with the filing of the application as a condition for according a filing date to the application.
5. Each Party shall endeavor to improve patent attorney or registered intellectual property rights authorized representative system.
6. Where the acquisition of an intellectual property right is subject to the right being granted or registered, each Party shall ensure that, irrespective of whether an application for the granting or registration of an intellectual property right is filed as a national or as an international application in accordance with the applicable international agreement, the procedures for granting or registration of the right, subject to compliance with the substantive conditions for acquisition of the right, provide the granting or registration within a reasonable period of time so as to avoid undue curtailment of the period of protection.
7. Each Party shall provide a system for the registration of trademarks, industrial designs and patents which shall include:
(a) a requirement to provide to the applicant a communication in writing, which may be electronic, of the decision with reasons for a refusal of the application;
(b) an opportunity for the applicant to appeal against administrative refusal;
(c) an opportunity for the applicant to ask for judicial review of the final administrative refusal; and
(d) an opportunity for interested parties, if so provided in its laws and regulations:
(i) to petition to oppose an application or a registration; and
(ii) to seek cancellation or invalidation of the registration.

Article 12.5. Transparency

For the purposes of further promoting transparency in the administration of its intellectual property system, each Party shall take appropriate measures available to the extent possible in accordance with its laws and regulations to:
(a) publish information on, at least:
(i) intention to grant patents, or applications for and grant of patents;
(ii) registrations of utility models;
(iii) intention to grant rights of industrial designs, or registrations of industrial designs; and
(iv) registrations of trademarks and/or applications therefor, and provide the relevant information contained in the files thereof at least to interested persons upon request; and
(b) make available to the public information on its efforts to ensure effective enforcement of intellectual property rights and other information with respect to its intellectual property system.

Article 12.6. Promotion of Public Awareness Concerning Protection of Intellectual Property

The Parties shall take necessary measures to enhance public awareness of protection of intellectual property including educational and dissemination projects on the use of intellectual property as well as on the enforcement of intellectual property rights.

Article 12.7. Patents

1. Each Party shall ensure that any patent application is not rejected solely on the ground that the subject matter claimed in the application is related to a computer program. Nevertheless, the provision of this Article shall not prejudice the autonomy of each Party to exclude from patentability computer programs as such in accordance with the laws and regulations of each Party.
2. Each Party shall ensure that an applicant may, on its own initiative, divide a patent application containing more than one invention into a certain number of divisional patent applications within the time limit provided for in the laws and regulations of the Party.

Article 12.8. Industrial Designs

Each Party shall provide adequate and effective protection of industrial designs of an article as a whole, and, where appropriate, of a part thereof.

Article 12.9. Trademarks

1. Each Party shall refuse or cancel the registration of a trademark, which is identical or similar to a trademark well-known in either Party as indicating the goods or services of the owner of the well-known trademark, if use of that trademark is for unfair intentions, mutatis mutandi, intention to gain an unfair profit or intention to cause damage to the owner of the well-known trademark, and/or if such use would result in a likelihood of confusion. Note: Each Party may determine in accordance with its laws and regulations whether a trademark is a well-known trademark.
2. Each Party shall ensure that an applicant may file a request to the competent authority that examination of its application for registration of a trademark be accelerated, subject to reasonable grounds and procedural requirements. Where such a request has been filed, the competent authority shall, where appropriate, accelerate the examination of the application.

Article 12.10. Copyright and Related Rights

1. Each Party shall provide to authors, performers and producers of phonograms the right to authorize the making available to the public of their works, performances fixed in phonograms and phonograms respectively, 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.
2. Each Party shall provide to broadcasting organizations the right to prohibit the following acts when undertaken without their consent:
(a) the rebroadcasting of their broadcasts;
(b) the fixation of their broadcasts; or
(c) the reproduction of fixations of their broadcasts.
3. Each Party shall, in accordance with its laws and regulations, take appropriate measures to facilitate the activities to be conducted by the collective management organizations for copyright and related rights in that Party.

Article 12.11. Geographical Indications

Each Party shall ensure adequate and effective protection of geographical indications in accordance with its laws and regulations and with the TRIPS Agreement.

Article 12.12. Unfair Competition

1. Each Party shall provide for effective protection against acts of unfair competition in accordance with Article 10 ELV of the Paris Convention.
2. Each Party shall ensure that provisions of Article 10 ELV of the Paris Convention shall apply mutatis mutandi with respect to services.
3. For the purposes of this Article, the term "Paris Convention" means the Paris Convention for the Protection of Industrial Property of March 20, 1883, as revised at Brussels on December 14, 1900, at Washington on June 2, 1911, at The Hague on November 6, 1925, at London on June 2, 1934, at Lisbon on October 31, 1958, and at Stockholm on July 14, 1967 and as amended on September 28, 1979.

Article 12.13. Protection of Undisclosed Information

Each Party shall ensure, in its laws and regulations, adequate and effective protection of undisclosed information in accordance with paragraph 2 of Article 39 of the TRIPS Agreement including not taking measures that limit the duration of protection of the undisclosed information stipulated in private contracts, or measures that force the disclosure of undisclosed information without legitimate reasons.

Article 12.14. Enforcement – Border Measures

1. Each Party shall adopt or maintain procedures with respect to import shipments under which: (a) its customs authorities may act upon their own initiative to suspend the release of goods suspected of infringing rights to trademarks and/or copyrights and related rights (hereinafter referred to in this Article as "suspected goods"); and (b) a right holder may request that Party's competent authorities to suspend the release of suspected goods.
2. Each Party shall adopt or maintain procedures by which its competent authorities may determine, within a reasonable period after the initiation of the procedures described in paragraph 1, whether the suspected goods infringe rights to trademarks and/or copyrights and related rights.
3. In the case of the suspension with respect to import shipments in accordance with paragraph 1, the importer and the right holder shall be promptly notified of the suspension and shall be provided with all the information available about suspected goods.

Article 12.15. Enforcement – Civil Remedies

Each Party shall ensure that a right holder of intellectual property has the right to claim against the infringer damages adequate to compensate for the injury the right holder has suffered because of an infringement of that person's intellectual property right by an infringer who knowingly, or with reasonable grounds to know, engaged in infringing activity.

Article 12.16. Enforcement – Criminal Remedies

1. Each Party shall provide for criminal procedures and penalties to be applied at least in cases of willful trademark counterfeiting or copyright piracy on a commercial scale in accordance with Article 61 of the TRIPS Agreement.
2. With respect to the offences specified in paragraph 1, each Party shall provide that its competent authorities have the authority in accordance with its laws and regulations to order the forfeiture or destruction of all infringing goods.

Article 12.17. Enforcement – In the Digital Environment

Each Party's enforcement procedures shall apply to infringement of copyright or related rights over digital networks, which may include the unlawful use of means of widespread distribution for infringing purposes. These procedures shall be implemented in a manner that avoids the creation of barriers to legitimate activity, including electronic commerce, and, consistent with the laws and regulations of that Party, preserves fundamental principles such as freedom of expression, fair process and privacy.

Article 12.18. Sub-committee on Intellectual Property

1. For the purposes of the effective implementation and operation of this Chapter, the Parties hereby establish a Sub-Committee on Intellectual Property (hereinafter referred to in this Article as "the Sub-Committee").
2. The functions of the Sub-Committee shall be:
(a) reviewing and monitoring the implementation and operation of this Chapter;
(b) discussing any issues related to intellectual property with a view to enhancing protection of intellectual property and enforcement of intellectual property rights in accordance with the provisions of this Chapter and to promoting efficient and transparent administration of intellectual property system;
(c) reporting the findings and the outcome of discussions of the Sub-Committee to the Joint Committee; and (d) carrying out other functions as may be delegated by the Joint Committee.
3. The Sub-Committee shall be composed of representatives of the Governments of the Parties.
4. The Sub-Committee shall hold meetings at such times and venues or by means, as may be agreed by the Parties.

Article 12.19. Security Exceptions

For the purposes of this Chapter, Article 73 of the TRIPS Agreement is incorporated into and forms part of this Agreement, mutatis mutandi.

Chapter 13. Government Procurement

Article 13.1. Procurement Principle

Recognizing the importance of government procurement in furthering the expansion of production and trade so as to promote growth and employment, each Party shall ensure transparency of the measures regarding government procurement in accordance with its laws and regulations. The Parties also recognize the need to take into account the development, financial and trade needs of the Parties. Each Party shall ensure a fair and effective implementation of the measures regarding government procurement.

Article 13.2. Exchange of Information

The Parties shall at the central government level, subject to their respective laws and regulations, exchange information, to the extent possible in the English language and in a timely manner, on their respective laws and regulations, policies and practices on government procurement, as well as on any reforms to their existing government procurement regimes.

Article 13.3. Further Negotiations

The Parties shall enter into negotiations to review this Chapter with a view to achieving a comprehensive Chapter on Government Procurement, when Mongolia expresses its intention to become a party to the Agreement on Government Procurement in Annex 4 to the WTO Agreement (hereinafter referred to in this Article as "the GPA").
Note: If the GPA is amended or is superseded by another agreement, "the GPA", for the purposes of this Article, shall refer to the GPA as amended or such other agreement.

Article 13.4. Negotiation on Non-discrimination

In the event that, after the entry into force of this Agreement, a Party offers a non-Party any advantages of access to its government procurement market or any advantageous treatment concerning the measures regarding government procurement, the former Party shall, upon request of the other Party, afford adequate opportunity to enter into negotiations with the other Party with a view to extending these advantages or advantageous treatment to the other Party on a reciprocal basis.

Article 13.5. Sub-committee on Government Procurement

1. For the purposes of the effective implementation and operation of this Chapter, the Parties hereby establish a Sub-Committee on Government Procurement (hereinafter referred to in this Article as "the Sub-Committee").
2. The functions of the Sub-Committee shall be:
(a) reviewing and monitoring the implementation and operation of this Chapter;
(b) analyzing available information on each Party's government procurement market;
(c) cooperating on e-procurement and human resource development;
(d) reporting the findings of the Sub-Committee to the Joint Committee; and
(e) carrying out other functions as may be delegated by the Joint Committee.
3. The Sub-Committee shall be composed of representatives of the Governments of the Parties.
4. The Sub-Committee shall hold meetings at such times and venues or by means, as may be agreed by the Parties.

Chapter 14. Improvement of the Business Environment

Article 14.1. Basic Principles

1. Each Party shall, in accordance with its laws and regulations take appropriate measures to further improve the business environment for the persons of the other Party conducting their business activities in the former Party.
2. The Parties shall, in accordance with their respective laws and regulations, promote cooperation to further improve the business environment in the respective Parties.

Article 14.2. Sub-committee on Improvement of the Business Environment

1. For the purposes of the effective implementation and operation of this Chapter, the Parties hereby establish a Sub-Committee on Improvement of the Business Environment (hereinafter referred to in this Chapter as "the Sub- Committee").
2. The functions of the Sub-Committee shall be:
(a) reviewing findings reported by a Liaison Office on Improvement of the Business Environment (hereinafter referred to in this Chapter as "the Liaison Office") to be designated by each Party in accordance with Article 14.3;
(b) addressing, and seeking ways to promptly resolve, issues related to the business environment on its own initiative or based on the findings reported by the Liaison Office;
(c) reporting its findings and making recommendations, including those on measures that should be taken by the Parties, to the Parties;
(d) reviewing, where appropriate, the measures taken by the Parties related to such recommendations referred to in subparagraph (c);
(e) making available to the public, in an appropriate manner, the recommendations referred to in subparagraph (c) and the results of the review referred to in subparagraph (d);
(f) cooperating, in an appropriate manner, with other Sub-Committees established under this Agreement, with a view to avoiding unnecessary duplication of works. The forms of such cooperation may include:
(i) informing the results of its consideration to such other Sub-Committees;
(ii) seeking opinions from such other Sub- Committees;
(iii) inviting to the Sub-Committee the members of such other Sub-Committees; and
(iv) where appropriate, transferring the relevant issues to such other Sub-Committees;
(g) reporting promptly the findings and recommendations referred to in subparagraph (c) to the Joint Committee; and
(h) carrying out other functions as may be delegated by the Joint Committee.
3. The Sub-Committee shall be composed of representatives of the Governments of the Parties including officials of relevant Ministries or Agencies in charge of the issues to be addressed. The Sub-Committee may invite representatives of relevant entities other than the Governments of the Parties with the necessary expertise relevant to the issues to be addressed.
4. The Sub-Committee shall hold meetings at such times and venues or by means, as may be agreed by the Parties.

Article 14.3. Liaison Office

1. Each Party shall designate and maintain a Liaison Office for the purposes of this Chapter.
2. The functions and other details of the Liaison Office shall be set forth in the Implementing Agreement.

Article 14.4. Non-application of Chapter 16

Chapter 16 shall not apply to this Chapter.

Chapter 15. Cooperation

Article 15.1. Basic Principles

The Parties shall, in accordance with their respective laws and regulations, promote cooperation under this Agreement for their mutual benefit, in order to further liberalize and facilitate trade in goods and services as well as investment between the Parties and to promote the well-being of the people and sustainable development of the Parties. For this purpose, the Parties shall enhance further cooperation between their Governments, and encourage and facilitate mutual cooperation between relevant entities of the Parties, one or both of whom are entities other than the Governments of the Parties, in the following fields:
(a) agriculture, forestry and fisheries, including matters related to SPS measures referred to in Chapter 5;
(b) manufacturing industry, including matters related to technical regulations, standards and conformity assessment procedures referred to in Chapter 6;
(c) small and medium enterprises;
(d) trade and investment;
(e) infrastructure, construction and urban development;
(f) science and technology and intellectual property;
(g) financial services;
(h) education and human resource development;
(i) tourism;
(j) environment;
(k) mining and energy;
(l) healthcare;
(m) competition;
(n) information and communications technology; and
(o) other fields to be mutually agreed upon by the Governments of the Parties.

Article 15.2. Areas and Forms of Cooperation

The areas and forms of cooperation under this Chapter shall be set forth in the Implementing Agreement.

Article 15.3. Costs of Cooperation

1. The Parties shall initiate discussion, after the entry into force of this Agreement, to explore potential cooperation activities in the fields referred to in Article 15.1 and to ensure timely, efficient and effective implementation of cooperation activities under this Chapter.
2. The Parties shall endeavor to make available the necessary funds and other resources for the implementation of cooperation under this Chapter in accordance with their respective laws and regulations. 3. Costs for cooperation under this Chapter shall be borne in such a manner to be mutually agreed upon by the Parties through efficient and effective utilization of funds and resources.

Article 15.4. Sub-committee on Cooperation

1. For the purposes of the effective implementation and operation of this Chapter, the Parties hereby establish a Sub-Committee on Cooperation (hereinafter referred to in this Article as "the Sub-Committee").
2. The functions of the Sub-Committee shall be:
(a) reviewing and monitoring the effective implementation and operation of this Chapter;
(b) exchanging information on cooperation in each of the fields referred to in Article 15.1;
(c) identifying ways for further cooperation between the Parties;
(d) discussing any issues related to this Chapter;
(e) discussing proposals on cooperation presented by other Sub-Committees established under this Agreement;
(f) making recommendations to the Joint Committee, where appropriate, on cooperation activities under this Chapter;
(g) reporting to the Joint Committee the findings and outcome of discussions of the Sub-Committee regarding the implementation of this Chapter, including the measures to be taken by the Parties; and
(h) carrying out other functions as may be delegated by the Joint Committee.
3. The Sub-Committee shall, where appropriate, recognize and share information with the Parties' existing consultation mechanisms for Official Development Assistance and other cooperation schemes to ensure timely, effective and efficient implementation of cooperation activities under this Agreement.
4. The Sub-Committee shall be composed of representatives of the Governments of the Parties. The Sub-Committee may invite representatives of relevant entities other than the Governments of the Parties with the necessary expertise relevant to the issues to be discussed.
5. The Sub-Committee shall hold meetings at such times and venues or by means, as may be agreed by the Parties. The Sub-Committee shall endeavor to hold the first meeting within one year after the entry into force of this Agreement.

Article 15.5. Non-application of Chapter 16

Chapter 16 shall not apply to this Chapter.

Chapter 16. Dispute Settlement

Article 16.1. Scope

Unless otherwise provided for in this Agreement, the dispute settlement procedure of this Chapter shall apply with respect to the avoidance and the settlement of disputes between the Parties arising out of the interpretation and/or application of this Agreement.

Article 16.2. General Principle

The Parties shall at all times endeavor to agree on the interpretation and application of this Agreement. They shall make every attempt through cooperation, consultations or other means to arrive at a prompt and mutually satisfactory resolution of any matter concerning the interpretation and/or application of this Agreement.

Article 16.3. Choice of Forum

1. Nothing in this Chapter shall prejudice any rights of the Parties to have recourse to dispute settlement procedures available under any other international agreement to which both Parties are party, including the WTO Agreement. The complaining Party may select the forum in which to settle the dispute.
2. Notwithstanding paragraph 1, once the complaining Party has requested the establishment of an arbitral tribunal under this Chapter or any other international agreement to which both Parties are party, including a panel under the Understanding on Rules and Procedures Governing the Settlement of Disputes in Annex 2 to the WTO Agreement with respect to a particular dispute, the arbitral tribunal or panel selected shall be used to the exclusion of any other procedure for that particular dispute.

Article 16.4. Consultations

1. Either Party may request in writing consultations to the other Party with respect to any matter on the interpretation and/or application of this Agreement.
2. In the request for consultations referred to in paragraph 1, the complaining Party shall set out the reasons for the request, including identification of the measure at issue and an indication of the legal and factual basis of the complaint.
3. The Party complained against shall promptly respond in writing to such request and enter into consultations with the complaining Party in good faith within 40 days after the date of receipt of the request. In cases of urgency, including those which concern perishable goods, the Party complained against shall enter into consultations within 20 days after the date of receipt of the request.
4. The Parties shall make every effort to arrive at a mutually satisfactory resolution of the matter through consultations under this Article. During the consultations the Parties shall provide to each other sufficient information to enable a full examination of the matter.
5. During the consultations under this Article, the Parties shall endeavor to make available personnel of their relevant agencies and organizations with expertise in the matter subject to the consultations.
6. The consultations under this Article shall be confidential and without prejudice to the rights of either Party in any further proceedings.
7. The consultations under this Article may be held in person or by any technological means available to the Parties upon agreement by the Parties. If the Parties agree to hold consultations in person, the consultations shall be held in a venue agreed upon by the Parties, or if there is no agreement on the venue, in the capital of the Party complained against.

Article 16.5. Good Offices, Conciliation or Mediation

1. Good offices, conciliation or mediation may be requested at any time by either Party. They may begin at any time by agreement of the Parties, and be terminated at any time upon request of either Party.
2. If the Parties agree, good offices, conciliation or mediation may continue while procedures of the arbitral tribunal provided for in this Chapter are in progress.
3. Proceedings involving good offices, conciliation or mediation and positions taken by the Parties during these proceedings shall be confidential and without prejudice to the rights of either Party in any further proceedings.

Article 16.6. Establishment of Arbitral Tribunals

1. The complaining Party may request in writing the establishment of an arbitral tribunal to the Party complained against if:
(a) the Party complained against does not enter into consultations under Article 16.4 within 40 days, or within 20 days in cases of urgency, including those which concern perishable goods, after the date of receipt of the request for such consultations; or
(b) the Parties fail to resolve the dispute through consultations under Article 16.4 within 60 days, or within 30 days in cases of urgency, including those which concern perishable goods, after the date of receipt of the request for such consultations, provided that the complaining Party considers that any benefit accruing to it directly or indirectly under this Agreement is being nullified or impaired as a result of the failure of the Party complained against to carry out its obligations under this Agreement, or as a result of the application by the Party complained against of measures which are in conflict with its obligations under this Agreement.
2. Any request to establish an arbitral tribunal in accordance with this Article shall identify the reasons for the request including:
(a) the legal basis of the complaint including the provisions of this Agreement alleged to have been breached and any other relevant provisions of the applicable international law; and
(b) the factual basis of the complaint.

Article 16.7. Composition of Arbitral Tribunals

1. An arbitral tribunal shall comprise three arbitrators, who should have relevant technical or legal expertise. 2. Each Party shall, within 30 days after the date of receipt of the request for the establishment of an arbitral tribunal, appoint one arbitrator who may be its national and propose up to three candidates to serve as the third arbitrator who shall be the chair of the arbitral tribunal. The third arbitrator shall not be a national of either Party, nor have his or her usual place of residence in either Party, nor be employed by either Party, nor have dealt with the dispute in any capacity.
3. The Parties shall endeavor to agree on and appoint the third arbitrator within 45 days after the date of receipt of the request for the establishment of an arbitral tribunal, taking into account the candidates proposed in accordance with paragraph 2.
4. If a Party has not appointed the one arbitrator in accordance with paragraph 2, or if the Parties fail to agree on the third arbitrator in accordance with paragraph 3, the arbitrator or arbitrators not yet appointed shall be chosen within 10 days by lot from the candidates proposed in accordance with paragraph 2.
5. The date of the establishment of an arbitral tribunal shall be the date on which the chair is appointed.
6. If an arbitrator appointed under this Article resigns, dies or otherwise becomes unable to act, a replacement arbitrator shall be appointed in the same manner as prescribed for the appointment of the original arbitrator. The replacement arbitrator shall have all the powers and duties of the original arbitrator. The work of the arbitral tribunal shall be suspended until the replacement arbitrator is appointed.

Article 16.8. Functions of Arbitral Tribunals

1. The functions of the arbitral tribunal established in accordance with Articles 16.6 and 16.7 shall be to:
(a) make an objective assessment of the matter before it, including an objective assessment of the facts of the case and the applicability of and conformity with this Agreement;
(b) consult regularly with the Parties offering them equal opportunities for such consultations and provide adequate opportunities for the development of a mutually satisfactory resolution;
(c) make its award in accordance with this Agreement and applicable rules of international law;
(d) include in its award, its findings of law and fact, together with the reasons for the findings; and
(e) attach to its award suggested implementation options including suggested period of time for implementing the award, for the Parties to consider in conjunction with Article 16.11, if requested by either Party.
2. The arbitral tribunal may seek, from the Parties, such relevant information as it considers necessary and appropriate. The Parties shall respond promptly and fully to any request by the arbitral tribunal for such information as the arbitral tribunal considers necessary and appropriate.
3. The arbitral tribunal may seek information from any relevant source and may consult experts to obtain their opinion on certain aspects of the matter. With respect to factual issues concerning a scientific or other technical matter raised by a Party, the arbitral tribunal may request advisory reports in writing from experts. 4. Any information obtained by the arbitral tribunal in accordance with paragraph 3 shall be made available to the Parties.

Article 16.9. Proceedings of Arbitral Tribunals

1. The arbitral tribunal shall meet in closed session. The Parties shall be present at the meetings only when invited by the arbitral tribunal to appear before it.
2. The venue for the proceedings of the arbitral tribunal shall be decided by mutual consent of the Parties, failing which it shall alternate between the Parties with the first meeting of the arbitral tribunal proceedings to be held in the capital of the Party complained against.
3. The deliberations of the arbitral tribunal and the documents submitted to it shall be kept confidential.
4. Notwithstanding paragraph 3, either Party may make public statements as to its views regarding the dispute, but shall treat as confidential, information and written submissions submitted by the other Party to the arbitral tribunal which that other Party has designated as confidential. Where a Party has provided information or written submissions designated as confidential, the other Party may request a non-confidential summary of the information or written submission which may be disclosed publicly. The Party to which such a request is made may agree to the request and submit such a summary, or refuse the request without needing to ascribe any reasons or justification.
5. The Parties shall be given the opportunity to attend any of the presentations, statements or rebuttals in the proceedings. Any information or written submissions submitted by a Party to the arbitral tribunal, including any comments on the descriptive part of the draft award and responses to questions put by the arbitral tribunal, shall be made available to the other Party.
6. The award of the arbitral tribunal shall be drafted without the presence of the Parties.
7. The arbitral tribunal shall, within 120 days, or within 60 days in cases of urgency including those which concern perishable goods, after the date of its establishment, submit to the Parties its draft award, including both the descriptive part and its findings and conclusions, for the purposes of enabling the Parties to review it. When the arbitral tribunal considers that it cannot submit its draft award within the aforementioned 120 days or 60 days period, it may extend that period with the consent of the Parties. However, in no case should the period from the establishment of the arbitral tribunal to the submission of the draft award to the Parties exceed 150 days. Either Party may submit comments in writing to the arbitral tribunal on the draft award within 30 days after the date of submission of the draft award.
8. The arbitral tribunal shall present its award to the Parties within 45 days after the date of submission of the draft award.
9. The arbitral tribunal shall attempt to make its decisions, including its award, by consensus, but may also make its decisions, including its award, by majority vote. 10. The award of the arbitral tribunal shall be final and binding on the Parties.

Article 16.10. Termination of the Proceedings

The Parties may agree to terminate the proceedings of the arbitral tribunal by jointly so notifying the chair of the arbitral tribunal at any time before the issuance of the award to the Parties, in which case the chair shall terminate the proceedings of the arbitral tribunal without delay.

Article 16.11. Implementation of Award

1. Unless the Parties otherwise agree, the Party complained against shall promptly comply with the award of the arbitral tribunal issued in accordance with Articles 16.8 and 16.9. If this is not practicable, the Party complained against shall comply with the award within a reasonable period of time.
2. The reasonable period of time referred to in paragraph 1 shall be mutually determined by the Parties, taking into account, where appropriate, the suggested period of time attached to the award by the arbitral tribunal. Where the Parties fail to agree on the reasonable period of time within 45 days after the date of issuance of the award of the arbitral tribunal, either Party may refer the matter to an arbitral tribunal, which shall determine the reasonable period of time.
3. (a) If the Party complained against considers it impracticable to comply with the award within the reasonable period of time, the Party complained against shall, no later than the expiry of that period, enter into consultations with the complaining Party, with a view to developing mutually satisfactory compensation or any alternative arrangement.
(b) If no satisfactory compensation or any alternative arrangement has been agreed within 30 days after the date of expiry of the reasonable period of time, the complaining Party may suspend the application to the Party complained against of concessions or other obligations under this Agreement, after giving notification of such suspension 30 days in advance.
4. If the complaining Party considers that the Party complained against has failed to comply with the award within the reasonable period of time and if the Party complained against has not entered into consultations in accordance with subparagraph 3(a), the complaining Party may suspend the application to the Party complained against of concessions or other obligations under this Agreement, after giving notification of such suspension 30 days in advance.
5. The suspension of the application of concessions or other obligations under paragraph 3 or 4 shall:
(a) not be effected if, with respect to the dispute to which the suspension relates, consultations or proceedings before the arbitral tribunal are in progress;
(b) be temporary, and be discontinued when the Parties reach a mutually satisfactory resolution or where compliance with the award is effected;
(c) be restricted to the same level of nullification or impairment that is attributable to the failure to comply with the award; and
(d) be restricted to the same sector or sectors to which the nullification or impairment relates, unless it is not practicable or effective to suspend the application of concessions or other obligations in such sector or sectors.
6. If the Party complained against considers that the requirements for the suspension of the application of concessions or other obligations under this Agreement by the complaining Party set out in paragraph 3, 4 or 5 have not been met, it may request consultations with the complaining Party. The complaining Party shall enter into consultations within 10 days after the date of receipt of the request. If the Parties fail to resolve the matter within 30 days after the date of receipt of the request for consultations in accordance with this paragraph, the Party complained against may refer the matter to an arbitral tribunal, which then shall determine whether the said requirements have been met.
7. The arbitral tribunal that is established for the purposes of this Article shall, whenever possible, have as its arbitrators, the arbitrators of the original arbitral tribunal. If this is not possible, then the arbitrators to the arbitral tribunal that is established for the purposes of this Article shall be appointed in accordance with paragraphs 2, 3 and 4 of Article 16.7. Unless the Parties agree on a different period, the arbitral tribunal established under this Article shall make its determinations within 60 days after the date when the matter is referred to it. Such determinations shall be final and binding on the Parties.

Article 16.12. Modification of Time Periods

Any time period provided for in this Chapter may be modified for a particular dispute by mutual consent of the Parties.

Article 16.13. Expenses

Each Party shall bear the costs of the arbitrator appointed by it and its representation in the proceedings of the arbitral tribunal. The other costs of the arbitral tribunal shall be borne by the Parties in equal shares, unless the Parties otherwise agree.

Article 16.14. Language

All proceedings of the arbitral tribunal and all documents and information submitted to the arbitral tribunal shall be in the English language.

Chapter 17. Final Provisions

Article 17.1. Table of Contents and Headings

The table of contents and headings of the Chapters, Sections and Articles of this Agreement are inserted for convenience of reference only and shall not affect the interpretation of this Agreement.

Article 17.2. Annexes and Notes

The Annexes and Notes to this Agreement shall form an integral part of this Agreement.

Article 17.3. Amendment

1. This Agreement may be amended by written agreement between the Parties.
2. Such amendment shall be approved by the Parties in accordance with their respective legal procedures, and shall enter into force on the date to be agreed upon by the Parties and by means of diplomatic notes exchanged between the Governments of the Parties informing each other that their respective legal procedures necessary for its entry into force have been completed.
3. Notwithstanding paragraph 2, amendments related only to the following may be made by diplomatic notes exchanged between the Governments of the Parties:
(a) Annex 1, provided that the amendments are made in accordance with the amendment of the Harmonized System, and include no change on the rates of customs duty to be applied by a Party to the originating goods of the other Party in accordance with Annex 1;
(b) Annex 2; and (c) Annex 3.

Article 17.4. Entry Into Force

This Agreement shall enter into force on the thirtieth day after the date on which the Governments of the Parties exchange diplomatic notes informing each other that their respective legal procedures necessary for entry into force of this Agreement have been completed. It shall remain in force unless terminated as provided for in Article 17.5.

Article 17.5. Termination

Either Party may terminate this Agreement by giving one year's advance notice in writing through the diplomatic channel to the other Party.

Article 17.6. Authentic Texts

1. The texts of this Agreement in the Japanese, Mongolian and English languages shall be equally authentic. 2. Notwithstanding paragraph 1:
(a) (i) Part 2 of Annex 1 is in the Japanese and English languages, such texts being equally authentic; and
(ii) Part 3 of Annex 1 is in the Mongolian and English languages, such texts being equally authentic;
(b) (i) Part 1A and Part 2 of Annex 6 are in the Japanese and English languages, such texts being equally authentic; and (ii) Part 1B of Annex 6 is in the Mongolian and English languages, such texts being equally authentic;
(c) (i) Part 1 of Annex 7 is in the Japanese and English languages, such texts being equally authentic; and
(ii) Part 2 of Annex 7 is in the Mongolian and English languages, such texts being equally authentic; and
(d) (i) Part 1 of Annex 8 and Part 1 of Annex 9 are in the Japanese and English languages, such texts being equally authentic; and
(ii) Part 2 of Annex 8 and Part 2 of Annex 9 are in the Mongolian and English languages, such texts being equally authentic.
3. In the event of any divergence among the texts, the English text shall prevail.

Conclusion

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement. DONE at Tokyo on this tenth day of February in the year 2015 in duplicate in the Japanese, Mongolian and English languages. For Japan: For Mongolia: Chimed Saikhanbileg

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  • Chapter   1 General Provisions 1
  • Article   1.1 Objective 1
  • Article   1.2 General Definitions 1
  • Article   1.3 Transparency 1
  • Article   1.4 Public Comment Procedures 1
  • Article   1.5 Administrative Procedures 1
  • Article   1.6 Review and Appeal 1
  • Article   1.7 Measures Against Corruption 1
  • Article   1.8 Confidential Information 1
  • Article   1.9 Taxation 1
  • Article   1.10 Exceptions 1
  • Article   1.11 Relation to other Agreements 1
  • Article   1.12 Implementing Agreement 1
  • Article   1.13 Joint Committee 1
  • Article   1.14 Sub-committees 1
  • Article   1.15 Communications 1
  • Chapter   2 Trade In Goods 1
  • Article   2.1 Definitions 1
  • Article   2.2 Classification of Goods 1
  • Article   2.3 National Treatment 1
  • Article   2.4 Elimination or Reduction of Customs Duties 1
  • Article   2.5 Customs Valuation 1
  • Article   2.6 Export Subsidies 1
  • Article   2.7 Import and Export Restrictions 1
  • Article   2.8 Application of Bilateral Safeguard Measures 1
  • Article   2.9 Conditions and Limitations 1
  • Article   2.10 Investigation 1
  • Article   2.11 Notification and Consultations 1
  • Article   2.12 Compensation 1
  • Article   2.13 Provisional Bilateral Safeguard Measures 1
  • Article   2.14 Relation to Safeguard Measures Under the Wto Agreement 1
  • Article   2.15 Communications 1
  • Article   2.16 Review 1
  • Article   2.17 Anti-dumping and Countervailing Measures 1
  • Article   2.18 Measures to Safeguard the Balance of Payments 1
  • Article   2.19 Sub-committee on Trade In Goods 1
  • Article   2.20 Operational Procedures for Trade In Goods 1
  • Article   2.21 Cooperation with Respect to Exports 1
  • Chapter   3 Rules of Origin 1
  • Article   3.1 Definitions 1
  • Article   3.2 Originating Goods 1
  • Article   3.3 Wholly Obtained Goods 1
  • Article   3.4 Qualifying Value Content 1
  • Article   3.5 Accumulation 1
  • Article   3.6 De Minimis 1
  • Article   3.7 Non-qualifying Operations 1
  • Article   3.8 Consignment Criteria 1
  • Article   3.9 Unassembled or Disassembled Goods 1
  • Article   3.10 Fungible Goods and Materials 1
  • Article   3.11 Indirect Materials 1
  • Article   3.12 Accessories, Spare Parts and Tools 1
  • Article   3.13 Packaging Materials and Containers for Retail Sale 1
  • Article   3.14 Packing Materials and Containers for Transportation and Shipment 1
  • Article   3.15 Claim for Preferential Tariff Treatment 1
  • Article   3.16 Certificate of Origin 1
  • Article   3.17 Obligations Regarding Exportations 1
  • Article   3.18 Request for Checking of Certificate of Origin 1
  • Article   3.19 Verification Visit 1
  • Article   3.20 Determination of Origin and Preferential Tariff Treatment 1
  • Article   3.21 Confidentiality 1
  • Article   3.22 Minor Errors 1
  • Article   3.23 Penalties and Measures Against False Declaration 1
  • Article   3.24 Miscellaneous 1
  • Article   3.25 Sub-committee on Rules of Origin 1
  • Article   3.26 Operational Procedures for Rules of Origin 1
  • Chapter   4 Customs Procedures and Trade Facilitation 1
  • Article   4.1 Scope and Objectives 1
  • Article   4.2 Definition 1
  • Article   4.3 Transparency 1
  • Article   4.4 Customs Clearance 1
  • Article   4.5 Temporary Admission and Goods In Transit 2
  • Article   4.6 Advance Rulings 2
  • Article   47 Cooperation and Exchange of Information 2
  • Article   4.8 Sub-committee on Customs Procedures and Trade Facilitation 2
  • Chapter   5 Sanitary and Phytosanitary Measures 2
  • Article   5.1 Scope 2
  • Article   5.3 Harmonization 2
  • Article   5.4 Equivalence 2
  • Article   5.5 Enquiry Point 2
  • Article   5.6 Sub-committee on Sanitary and Phytosanitary Measures 2
  • Article   5.7 Non-application of Chapter 16 2
  • Chapter   6 Technical Regulations, Standards and Conformity Assessment Procedures 2
  • Article   6.1 Scope 2
  • Article   6.2 Objectives 2
  • Article   6.3 Definitions 2
  • Article   6.4 Reaffirmation of Rights and Obligations 2
  • Article   6.5 International Standards 2
  • Article   6.6 Technical Regulations 2
  • Article   6.7 Acceptance of Results of Conformity Assessment Procedures 2
  • Article   6.8 Enquiry Point 2
  • Article   6.9 Sub-committee on Technical Regulations, Standards and Conformity Assessment Procedures 2
  • Article   6.10 Non-application of Chapter 16 2
  • Chapter   7 Trade In Services 2
  • Article   7.1 Scope 2
  • Article   7.2 Definitions 2
  • Article   7.3 National Treatment 2
  • Article   7.4 Most-favored-nation Treatment 2
  • Article   7.5 Market Access 2
  • Article   7.6 Additional Commitments 2
  • Article   7.7 Schedule of Specific Commitments 2
  • Article   7.8 Domestic Regulation 2
  • Article   7.9 Recognition 2
  • Article   7.10 Monopolies and Exclusive Service Suppliers 2
  • Article   7.11 Business Practices 2
  • Article   7.12 Payments and Transfers 2
  • Article   7.13 Restrictions to Safeguard the Balance of Payments 2
  • Article   7.14 Transparency 2
  • Article   7.15 Denial of Benefits 2
  • Article   7.16 Sub-committee on Trade In Services 2
  • Article   7.17 Review of Commitments 2
  • Chapter   8 Movement of Natural Persons 2
  • Article   8.1 General Principles 2
  • Article   8.2 Scope 2
  • Article   8.3 Definition 2
  • Article   8.4 Specific Commitments 2
  • Article   8.5 Requirements and Procedures 2
  • Article   8.6 Sub-committee on Movement of Natural Persons 2
  • Article   8.7 Dispute Settlement 2
  • Chapter   9 Electronic Commerce 2
  • Article   9.1 General Provisions 2
  • Article   9.2 Definitions 2
  • Article   9.3 Customs Duties 2
  • Article   9.4 Non-discriminatory Treatment of Digital Products 2
  • Article   9.5 Electronic Signature 2
  • Article   9.6 Consumer Protection 2
  • Article   9.7 Unsolicited Commercial E-mail 2
  • Article   9.8 Paperless Trade Administration 2
  • Article   9.9 Domestic Regulation 2
  • Article   9.10 Prohibition on Requirement Concerning the Location of Computing Facilities 2
  • Article   9.11 Source Code 2
  • Article   9.12 Cooperation 2
  • Article   9.13 Sub-committee on Electronic Commerce 2
  • Chapter   10 Investment 2
  • Article   10.1 Scope 2
  • Article   10.2 Definitions 2
  • Article   10.3 National Treatment 2
  • Article   10.4 Most-favored-nation Treatment 2
  • Article   10.5 General Treatment 2
  • Article   10.6 Access to the Courts 2
  • Article   10.7 Prohibition of Performance Requirements 2
  • Article   10.8 Non-conforming Measures 2
  • Article   10.9 Expropriation and Compensation 2
  • Article   10.10 Protection from Strife 2
  • Article   10.11 Transfers 3
  • Article   10.12 Subrogation 3
  • Article   10.13 Settlement of Investment Disputes between a Party and an Investor of the other Party 3
  • Article   10.14 Temporary Safeguard Measures 3
  • Article   10.15 Prudential Measures 3
  • Article   10.16 Denial of Benefits 3
  • Article   10.17 Health, Safety and Environmental Measures and Labor Standards 3
  • Article   10.18 Sub-committee on Investment 3
  • Article   10.19 Relation to the Bilateral Investment Agreement 3
  • Article   10.20 Duration and Termination 3
  • Chapter   11 Competition 3
  • Article   11.1 Anticompetitive Activities 3
  • Article   11.2 Cooperation on Controlling Anticompetitive Activities 3
  • Article   11.3 Non-discrimination 3
  • Article   11.4 Procedural Fairness 3
  • Article   11.5 Transparency 3
  • Article   11.6 Non-application of Paragraph 2 of Article 1.8 and Chapter 16 3
  • Chapter   12 Intellectual Property 3
  • Article   12.1 General Provisions 3
  • Article   12.2 Definition 3
  • Article   12.3 National Treatment 3
  • Article   12.4 Procedural Matters 3
  • Article   12.5 Transparency 3
  • Article   12.6 Promotion of Public Awareness Concerning Protection of Intellectual Property 3
  • Article   12.7 Patents 3
  • Article   12.8 Industrial Designs 3
  • Article   12.9 Trademarks 3
  • Article   12.10 Copyright and Related Rights 3
  • Article   12.11 Geographical Indications 3
  • Article   12.12 Unfair Competition 3
  • Article   12.13 Protection of Undisclosed Information 3
  • Article   12.14 Enforcement – Border Measures 3
  • Article   12.15 Enforcement – Civil Remedies 3
  • Article   12.16 Enforcement – Criminal Remedies 3
  • Article   12.17 Enforcement – In the Digital Environment 3
  • Article   12.18 Sub-committee on Intellectual Property 3
  • Article   12.19 Security Exceptions 3
  • Chapter   13 Government Procurement 3
  • Article   13.1 Procurement Principle 3
  • Article   13.2 Exchange of Information 3
  • Article   13.3 Further Negotiations 3
  • Article   13.4 Negotiation on Non-discrimination 3
  • Article   13.5 Sub-committee on Government Procurement 3
  • Chapter   14 Improvement of the Business Environment 3
  • Article   14.1 Basic Principles 3
  • Article   14.2 Sub-committee on Improvement of the Business Environment 3
  • Article   14.3 Liaison Office 3
  • Article   14.4 Non-application of Chapter 16 3
  • Chapter   15 Cooperation 3
  • Article   15.1 Basic Principles 3
  • Article   15.2 Areas and Forms of Cooperation 3
  • Article   15.3 Costs of Cooperation 3
  • Article   15.4 Sub-committee on Cooperation 3
  • Article   15.5 Non-application of Chapter 16 3
  • Chapter   16 Dispute Settlement 3
  • Article   16.1 Scope 3
  • Article   16.2 General Principle 3
  • Article   16.3 Choice of Forum 3
  • Article   16.4 Consultations 3
  • Article   16.5 Good Offices, Conciliation or Mediation 3
  • Article   16.6 Establishment of Arbitral Tribunals 3
  • Article   16.7 Composition of Arbitral Tribunals 3
  • Article   16.8 Functions of Arbitral Tribunals 3
  • Article   16.9 Proceedings of Arbitral Tribunals 3
  • Article   16.10 Termination of the Proceedings 3
  • Article   16.11 Implementation of Award 3
  • Article   16.12 Modification of Time Periods 3
  • Article   16.13 Expenses 3
  • Article   16.14 Language 3
  • Chapter   17 Final Provisions 3
  • Article   17.1 Table of Contents and Headings 3
  • Article   17.2 Annexes and Notes 3
  • Article   17.3 Amendment 3
  • Article   17.4 Entry Into Force 3
  • Article   17.5 Termination 3
  • Article   17.6 Authentic Texts 3