1. Provided that such measures are not used as a means of arbitrary or unjustified discrimination against persons of the other Parties or as a disguised restriction on trade in goods, trade in services and investment, nothing in this Agreement shall preclude the adoption by New Zealand of measures it deems necessary to accord more favorable treatment to Maori in respect of matters covered by this Agreement, including in fulfilment of its obligations under te Tiriti 0 Waitangi / the Treaty of Waitangi.
2. The Parties agree that the interpretation of te Tiriti o Waitangi / the Treaty of Waitangi, including as to the nature of the rights and obligations arising under it, shall not be the subject of consultations under Article 24. Article 24 shall otherwise apply to this Article.
Article 26. Disclosure of Information
Nothing in this Agreement shall be construed to require a Party to disclose, furnish, or allow access to information if it determines that such disclosure would:
(a) be contrary to its obligations under other international agreements;
(b) be contrary to its law or otherwise be contrary to its public interest;
(c) impede its law enforcement; or
(d) prejudice the legitimate commercial interests of particular enterprises, public or private.
Article 27. Implementation
This Agreement shall be implemented by each Party within its available resources.
Article 28. Confidentiality (12)
1. Unless this Agreement expressly provides otherwise, if a Party provides information in relation to this Agreement to another Party and designates the information as confidential, including because the information is confidential business information, any receiving Party shall maintain the confidentiality of the information. If the providing Party determines that information is a matter of public knowledge, the providing Party shall not designate that information as confidential.
2. Unless this Agreement expressly provides otherwise or the Parties decide otherwise, if a Party provides information in relation to this Agreement to another Party, but does not designate that information as confidential, any receiving Party shall maintain the confidentiality of the information except to the extent disclosure or use of such information is required under that Party's law.
3. Unless this Agreement expressly provides otherwise or the Parties decide otherwise, information exchanged in relation to proceedings under Article 24, including any summaries, advice, or proposed solutions of an ad hoc Committee, shall be designated as confidential and shall not be made public by any Party.
Article 29. Contact Points
1. By or as soon as possible after the date of entry into force of this Agreement for a Party, that Party shall designate a contact point or points for any official communications related to this Agreement, and shall notify the Depositary in writing of the contact point or points and the means to transmit communications to the contact point or points. Each Party shall notify the Depositary in writing of any change in its contact point or points or means of transmission as soon as practicable.
2. Any communication to a contact point designated pursuant to paragraph 1 shall be deemed effective upon transmittal to that contact point through the means notified to the Depositary.
Article 30. Entry Into Force
1. This Agreement shall be open for signature by Australia, Brunei Darussalam, the Republic of Fiji, the Republic of India, the Republic of Indonesia, Japan, the Republic of Korea, Malaysia, New Zealand, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand, the United States of America, and the Socialist Republic of Viet Nam.
2. This Agreement shall be subject to ratification, acceptance, or approval. Instruments of ratification, acceptance, or approval shall be deposited with the Depositary.
3. This Agreement shall enter into force 30 days after the date on which at least five of the States listed in paragraph 1 have deposited their instruments of ratification, acceptance, or approval with the Depositary. For each State listed in paragraph 1 that deposits its instrument of ratification, acceptance, or approval with the Depositary after the date of the fifth deposit, this Agreement shall enter into force 30 days after the date on which that State deposits its instrument of ratification, acceptance, or approval with the Depositary.
Article 31. Withdrawal
1. At any time after three years from the date of entry into force of this Agreement, a Party may withdraw from this Agreement by providing written notification of withdrawal to the Depositary. A withdrawal shall take effect six months after the date of receipt by the Depositary of the written notification of withdrawal, unless the Parties decide on a different period.
2. Notwithstanding paragraph 1, Article 28 shall remain in effect with respect to a State or separate customs territory that has withdrawn from this Agreement with respect to any information or other material covered by Article 28 that the State or separate customs territory retains after the withdrawal takes effect.
Article 32. Amendments
1. The Parties may agree, in writing, to amend this Agreement. An amendment shall enter into force 30 days after the date on which all Parties have deposited their instruments of ratification, acceptance, or approval of the amendment with the Depositary, or on such other date as the Parties may decide.
2. Notwithstanding paragraph 1, the Parties shall not amend this Agreement until one year after the date of entry into force of this Agreement or the date on which this Agreement has entered into force for all States listed in Article 30.1, whichever comes first.
Article 33. Accession
1. Any State or separate customs territory may accede to this Agreement, subject to the consent of the Parties and any terms or conditions that may be decided between the Parties and the State or separate customs territory. This Agreement shall enter into force with respect to an acceding Party 30 days after the date of deposit of its instrument of accession with the Depositary.
2. Notwithstanding paragraph 1, no State or separate customs territory may accede to this Agreement until one year after the date of entry into force of this Agreement or after the date on which this Agreement has entered into force for all States listed in Article 30.1, whichever comes first.
Article 34. Depositary
1. The original text of this Agreement, and any amendment thereto, shall be deposited with the United States, which is hereby designated as the Depositary of this Agreement.
2. The Depositary shall promptly provide a certified copy of the original text of this Agreement, and any amendment thereto, to all signatories and Parties.
3. The Depositary shall promptly inform all signatories and Parties, and provide the date and a copy, of any notification or instrument deposited pursuant to Articles 29 through 33.
Article 35. Annexes and Footnotes
The Annexes and footnotes to this Agreement shall constitute an integral part of this Agreement.
Conclusion
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement.
Done [at Place] on this [ DDth] day of [Month], [Year] in the English language.
Attachments
Annex I. Capacity Building Framework
1. Principles of TACB
(a) The Parties recognize the existing and ongoing TACB programs that support their anti-corruption and tax-related activities in the Indo-Pacific region.
(b) The Parties are committed to the provision of TACB that is demand-driven, inclusive, equitable, and based on priorities and needs.
(c) The Parties recognize that flexible, timely, adequate, effective, and, where possible, long-term and sustainable TACB is important for the implementation of this Agreement, including, as appropriate, the targeted capacity building of the Parties' relevant government agencies.
(d) The Parties recognize that TACB to support the implementation of this Agreement should aim to:
(i) Reinforce National Strategies and Plans of Action - TACB should be consistent with and reinforce a Party's national strategy and action plan, as applicable;
(ii) Reflect the Domestic Context - TACB should be responsive to and supportive of the domestic legal framework of the recipient Party;
(iii) Pursue a Comprehensive Approach - TACB should address the issue set comprehensively and not just target one aspect of the issue;
(iv) Coordinate Across Providers and Avoid Duplication - TACB should be coordinated with providers and implementing partners through regular communication, which can be informal, while avoiding overlap; and
(v) Include Stakeholders - A Party's authorities should play a leading role in coordination with relevant stakeholders, to the extent possible, in the design and implementation of TACB to ensure its long-term acceptance, effectiveness, inclusivity, and sustainability.
(e) The Parties recognize the importance of sovereignty and territorial integrity in relation to the receipt and provision of TACB.
2. Modalities of TACB under this CBF
(a) Based on the principles in paragraph 1, the Parties are committed to engaging constructively on the provision and receipt of TACB under this CBF. Specifically, the Parties:
(i) affirm the importance of TACB among them, including existing bilateral and regional cooperation, that supports activities of the Parties in contributing to robust anti-corruption regimes and improving tax administration and audit capacity; and
(ii) take note of the provisions in this Agreement that encourage cooperation and communication on TACB to assist in implementing this Agreement.
(b) The Parties recognize that TACB under this CBF may come in a variety of forms, such as supporting legal framework reforms; developing needs assessments; providing technical advice and mentoring; collaborating through trainings, workshops, seminars, webinars, and conferences; engaging in collaborative programs and projects; sharing best practices and written guidance; and supporting expert exchanges, secondments, train-the-trainer programs, and scholarships.
(c) The Parties further recognize that TACB can be provided under this CBF directly from government to government or through a third party such as an international organization, grantee, or contractor.
(d) The Parties recognize the advantages of working with relevant international organizations with specialized expertise in anti-corruption or tax issues. As such, the Parties intend to leverage the expertise of relevant international organizations, as applicable, and avoid unnecessary duplication.
(e) The Parties intend to ensure that the TACB provided under this CBF is coordinated with existing TACB efforts and initiatives between two or more Parties or multilaterally on anti-corruption and tax issues.
8f) The Parties intend that nothing in this Agreement, including in this CBF, should interfere with any existing or planned TACB of a Party or Parties relating to anti- corruption or tax under any other agreement or arrangement.
3. Identification of TACB Needs under this CBF
(a) If a Party has TACB needs, that Party should keep the other Parties apprised of such needs on an annual basis through the TACBCG.
(b) The Parties recognize that needs assessments are useful in identifying TACB needs, and intend to rely on existing needs assessments, as applicable, in identifying TACB needs under this CBF. The Parties are encouraged to develop or conduct needs assessments if they do not already exist when entering into arrangements for TACB.
(c) A Party wishing to request TACB under this CBF may, at any time, deliver a written request that identifies its needs and priorities for TACB with the aim of establishing an appropriate arrangement for that TACB to:
(i) the TACBCG; or
(ii) another Party or Parties.
(d) If a Party or Parties provide assistance under an arrangement pursuant to subparagraph (c)(ii), that Party or those Parties should inform the TACBCG.
4. Provision of Support for TACB under this CBF
(a) The Parties intend to provide the appropriate financial or in-kind resources, subject to the Parties' different levels of development, resources, and capabilities, for TACB under this CBF to achieve the objectives of this Agreement. Any Party providing TACB under this CBF intends to keep the other Parties apprised of such TACB on an annual basis through the TACBCG.
(b) Recognizing that the objective of support provided under this CBF is to assist with implementation of this Agreement, each Party intends, as appropriate, to provide and facilitate the receipt of support for TACB either between two or more Parties or through relevant international organizations, grantees, or contractors.
(c) The Parties recognize that TACB will be provided by mutual consent of the relevant Parties.
5. Establishment and Responsibilities of the TACBCG
(a) The Parties hereby establish the TACBCG to coordinate TACB under this CBF, composed of a government representative or government representatives of each Party, comprising the contact points under this Agreement or whomever each Party determines appropriate.
(b) The TACBCG's responsibilities shall include:
(i) discussing and considering issues relating to the implementation of TACB under this CBF;
(ii) receiving requests from Parties for TACB under paragraph 3, collecting information from Parties about available TACB under paragraph 4, and sharing such information with the Parties to facilitate matchmaking as appropriate; and
(iii) collecting and sharing feedback from the Parties on the outcomes of TACB provided under this CBF.
(c) The TACBCG shall operate on the basis of consensus, except as otherwise decided by the Parties.
(d) Each Party shall notify the other Parties of its TACBCG representative or representatives as soon as practicable but no later than 30 days after the date of entry into force of this Agreement for that Party, and thereafter shall notify the TACBCG of any change in its representative or representatives as soon as practicable.
(e) As soon as practicable but no later than 60 days after the date of entry into force of this Agreement, the Parties shall decide by consensus on a Party to serve a two-year term as the Coordinating Party to manage the TACBCG. The Coordinating Party shall convene TACBCG meetings and manage its activities. The Parties intend that the TACBCG meet at least annually, concurrently with any meeting of the Parties under Article 21. The Parties intend that service as the Coordinating Party will shift among Parties willing to serve in that role every two years.
(f) As soon as practicable but no later than 120 days after the date of entry into force of this Agreement, and following approval by consensus of the TACBCG, the TACBCG shall establish guidelines setting out procedures related to its operations.
Annex II. Transition Periods
1. Notwithstanding Article 30, Fiji shall implement its obligations with respect to the following provisions within eight years of the date of entry into force of this Agreement:
(a) Articles 5.3 and 5.6;
(b) Articles 9.4 and 9.6 (second sentence); and
(c) Articles 14.1, 14.2 (second sentence), 14.3, and 14.7.
2. During the eight-year transition period provided in paragraph 1(a) through (c):
(a) no Party may request consultations with Fiji pursuant to Article 24; and
(b) Fiji shall inform the other Parties at regular intervals, to be decided by the Parties, of its efforts to implement the provisions specified in paragraph 1(a) through (c).
3. If Fiji informs the other Parties prior to the end of the eight-year transition period that it has implemented its obligations with respect to one of the provisions specified in paragraph 1(a) through (c), paragraph 2 shall no longer apply with respect to that provision.