Title
COMPREHENSIVE ECONOMIC PARTNERSHIP AGREEMENT BETWEEN UNITED ARAB EMIRATES AND GEORGIA
Preamble
PREAMBLE Georgia and the United Arab Emirates hereinafter being referred to individually as a "Party" and collectively as "the Parties";
RECOGNISING the strong economic and political ties between Georgia and the UAE, and wishing to strengthen these links through the creation of a free trade area, thus establishing close and lasting relations;
DETERMINED to build on their respective rights and obligations under the Marrakesh Agreement establishing the World Trade Organization;
CONSCIOUS of the dynamic and rapidly changing global environment brought about by globalisation and technological progress that presents various economic and strategic challenges and opportunities to the Parties;
DETERMINED to develop and strengthen their economic and trade relations through the liberalisation and expansion of trade in goods and services in their common interest and for their mutual benefit;
AIMING to promote transfer of technology and expand trade;
CONVINCED that the establishment of a free trade area will provide a more favourable climate for the promotion and development of economic and trade relations between the Parties in areas of their common interest on the basis of equality, mutual benefit, and nondiscrimination, in conformity with international and domestic law;
AIMING to facilitate trade by promoting efficient and transparent customs procedures and ensure predictability for their importers and exporters;
DETERMINED to support the growth and development of their enterprises by enhancing their competitiveness in global markets and benefit from the opportunities created by this Agreement;
AIMING to establishing a clear, transparent, and predictable legal and commercial framework for business planning, that supports further expansion of trade and investment;
RECOGNISING their inherent right to regulate and resolved to preserve the flexibility of the Parties to set legislative and regulatory priorities, and protect legitimate public welfare objectives, such as health, safety, environmental protection, conservation of living and nonliving exhaustible natural resources, integrity and stability of the financial system, and public morals, in accordance with the rights and obligations provided in this Agreement;
HAVE AGREED, in pursuit of the above, to conclude the following Agreement (hereinafter referred to as this "Agreement"):
Body
Chapter I. INITIAL PROVISIONS AND GENERAL DEFINITIONS
Article 1.1. General Definitions
For the purposes of this Agreement:
Agreement means Comprehensive Economic Partnership Agreement between Georgia and the UAE;
Agreement on Agriculture means the Agreement on Agriculture in Annex 1 A to the WTO Agreement;
Anti-Dumping Agreement means the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 in Annex IA to the WTO Agreement;
Customs duty refers to any duty or charge of any kind imposed in connection with the importation of a good, including any form of surtax or surcharge in connection with such importation, but does not include any:
(a) charge equivalent to an internal tax imposed in conformity with Article III of the GATT 1994;
(b) anti-dumping or countervailing duty that is applied consistently with the provisions of Article VI of the GA TT 1994, the Agreement on the Implementation of Article VI of the GATT 1994 and the Agreement on Subsidies and Countervailing Measures in Annex I A to the WTO Agreement; or
(c) fees or other charges in connection with importation commensurate with the cost of services that is rendered in conformity with subparagraph 1 (a) of the Article VIII of the GATT 1994;
Customs Valuation Agreement means the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 in Annex IA to the WTO Agreement;
Days means calendar days, including weekends and holidays;
DSU means the Understanding on Rules and Procedures Governing the Settlement of Disputes in Annex 2 to the WTO Agreement;
GATS means the General Agreement on Trade m Services m Annex I 8 to the WTO Agreement;
GATT 1994 means the General Agreement on Tariffs and Trade 1994 in Annex 1 A to the WTO Agreement;
GPA means the Agreement on Government Procurement in Annex 4 to the WTO Agreement;
Harmonized System or (HS) means the Harmonized Commodity Description and Coding System, including its General Rules for the Interpretation, Section Notes, Chapter Notes and Subheading Notes;
Import Licensing Agreement means the Agreement on Import Licensing Procedures m Annex I A to the WTO Agreement;
Joint Committee means the Joint Committee established pursuant to Article 1 7.1 of this Agreement;
Measure means any measure, whether in form of a law, regulation, rule, procedure, decision, practice, administrative action, or any other form;
Safeguards Agreement means the Agreement on Safeguards in Annex lA to the WTO Agreement;
SCM Agreement means the Agreement on Subsidies and Countervailing Measures in Annex I A to the WTO Agreement;
SPS Agreement means the Agreement on the Application of Sanitary and Phytosanitary Measures in Annex IA to the WTO Agreement;
TBT Agreement means the Agreement on Technical Barriers to Trade in Annex IA to the WTO Agreement;
TRIPS Agreement means the Agreement on Trade-Related Aspects of Intellectual Property Rights in Annex 1 C to the WTO Agreement;
WTO means the World Trade Organization; and
WTO Agreement means the Marrakesh Agreement Establishing the World Trade Organization, done at Marrakesh, 15 April 1 994.
Article 1.2. Establishment of a Free Trade Area
The Parties hereby establish a free trade area, in conformity with Article XXIV of the GATT 1994 and Article V of the GATS.
Article 1.3. Objectives
The objectives of this Agreement are to liberalise and facilitate trade and investment between the Parties in accordance with the provisions of this Agreement.
Article 1.4. Geographical Scope
This Agreement shall apply:
(a) With regard to Georgia, to the entire territory of Georgia as defined by Georgian legislation, including the land territory, its subsoil and the air space above it, internal waters and territorial sea, the sea bed, its subsoil and the air space above them, in respect of which Georgia exercises sovereignty, as well as the contiguous zone, the exclusive economic zone and continental shelf adjacent to its territorial sea, in respect of which Georgia exercises its sovereign rights and/or jurisdiction in accordance with international law; and
(b) With regard to the UAE, to its land territories, including its free zones, internal waters, territorial sea, including, the seabed and subsoil thereof, and airspace over such territories and waters, as well as the contiguous zone, the continental shelf and exclusive economic zone, over which UAE has sovereignty, sovereign rights or jurisdiction as defined in its laws, and in accordance with international law.
Article 1.5. Relation to other Agreements
1. The Parties affirm their existing rights and obligations with respect to each other under the WTO Agreement and other agreements to which both Parties are party.
2. In the event of any inconsistency between this Agreement and other agreements to which both Parties are party, the Parties shall immediately consult with each other with a view to finding a mutually satisfactory solution.
Article 1.6. Local Government
1. Each Party shall take such reasonable measures as may be available to it under its legislation to ensure observance of the provisions of this Agreement by the local governments and authorities where applicable within its territories.
2. This provision is to be interpreted and applied in accordance with the principles set out in paragraph 12 of Article XXIV ofthe GATT 1994 and paragraph 3 of Article I ofthe GATS.
Article 1.7. Transparency
1. Each Party shall publish, or otherwise make publicly available, its laws and regulations, as well as its respective international agreements which may affect the operation of this Agreement.
2. Without prejudice to Article 1.8 (Confidential Information), each Party shall promptly respond to specific questions and provide, upon request, information to the other Party on matters referred to in paragraph 1.
Article 1.8. Confidential Information
1. Each Party shall, in accordance with its domestic laws and regulations, maintain the confidentiality of information designated as confidential by the other Party.
2. Nothing in this Agreement shall require a Party to disclose confidential information, or the disclosure of which would impede law enforcement of the Party, or otherwise be contrary to the public interest, or which would prejudice the legitimate commercial interests of any economic operator.
CHAPTER2 TRADE IN GOODS ARTICLE :1.1 Scope and Coverage Except as otherwise provided in this Agreement, this Chapter applies to trade in goods between the Parties. For the purposes of this Chapter: ARTICLE 2.2 Definitions Customs authorities means the authorities that, according to the legislation of each Party, is responsible for the administration and enforcement of customs laws and regulations of the Party. In the case of Georgia, it shall be the Legal Entity of Public Law Revenue Service of the Ministry of Finance; in the case of the UAE, it shall be the Federal Authority for Identity, Citizenship, Customs & Port Security; and Import licensing means an administrative procedure requmng the submission of an application or other documentation (other than that generally required for customs clearance purposes) to the relevant administrative body as a prior condition for importation into the territory of the importing Party. ARTICLE 2.3 National Treatment on Internal Taxation and Regulation The Parties shall accord national treatment in accordance with Article III of the GA TT 1994, including its interpretative notes. To this end, Article III of the GATT 1994 and its interpretative notes are incorporated into and form part of this Agreement, mutatis mutandis. ARTICLE l.4 Reduction or Elimination of Customs Duties I. Except as otherwise provided in this Agreement, neither Party shall increase any existing customs duty, or adopt any new customs duty, on an originating good. 2. Upon the entry into force of this Agreement, Georgia shall eliminate its customs duties applied on goods originating from the UAE in accordance with Annex 2A (Georgia Schedule of Tariff Commitments) and the UAE shall eliminate its customs duties on goods originating from Georgia in accordance with Annex 28 (UAE Schedule ofTariff Commitments). 3. Where a Party reduces its most-favoured-nation (hereinafter "MFN") applied rate of customs duty, that duty rate shall apply to an originating good of the other Party if, and for as long as, it is lower than the customs duty rate on the same good calculated in accordance with Annex 2A (Georgia Schedule of Tariff Commitments) in the case Georgia or Annex 28 (UAE Schedule of Tariff Commitments) in the case of the UAE. 2-1
ARTICLE 2.5 Acceleration or Improvement of Tariff Commitments 1. Upon request of a Party, the other Party shall consult with the requesting Party to consider accelerating, improving or broadening the scope of the elimination of customs duties as set out in its schedule of tariff commitments in Annex 2A (Georgia Schedule of Tariff Commitments) or 28 (UAE Schedule of Tariff Commitments). 2. Nothing in this Agreement shall prohibit a Party from unilaterally accelerating or broadening the scope of the elimination of customs duties set out in its Schedule in Annex 2 (Schedules of Tariff Commitments) on originating goods in line with its national legislation Any such unilateral acceleration or broadening of the scope of the elimination of customs duties will not permanently supersede any duty rate or staging category determined pursuant to its respective Schedule nor serve to waive that Party's right to impose at a later time the duty rate or staging category that is determined for that later time by its respective Schedule. ARTICLE2.6 Classification of Goods and Transposition of Schedules l. The classification of goods in trade between the Parties shall be in conformity with the Harmonized Commodity Description and Coding Systems (HS) and its amendments. Each Party shall ensure consistency in applying its laws and regulations to the tariff classification of originating goods of the other Party. 2. The Parties shall mutually decide whether any revisions are necessary to implement Annexes 2A (Georgia Schedule of Tariff Commitments) and 28 (UAE Schedule of Tariff Commitments) due to periodic amendments and transposition of the HS Code. 3. If the Parties decide that revisions are necessary in accordance with paragraph 2, the transposition of the Schedules of Tari ff Commitments shall be carried out in accordance with the methodologies and procedures adopted by the Joint Committee. 4. Each Party shall ensure that the transposition of its Schedule of Tariff Commitments under paragraph 3 does not afford less favourable treatment to an originating good of the other Party set out in its Schedule of Tariff Commitments in Annexes 2A (Georgia Schedule of Tariff Commitments) and 28 (UAE Schedule of Tariff Commitments). 5. A Party may introduce new tariff splits, provided that the preferential conditions applied in the new tariff splits are not less preferential than those applied originally. L= ARTICLE 2.7 Temporary Admission I . Each Party shall, in accordance with its respective domestic laws, grant temporary admission free of customs duties for the following goods imported from the other Party regardless of their origin: 2-2 CA
(a) professional and scientific equipment and materials, including their spare parts, and included goods for sports purposes, that are necessary for carrying out the business activity, trade or profession of a person who qualifies for temporary entry pursuant to the laws of the importing Party; (b) goods intended for display or use at playgrounds, theatres, exhibitions, fairs or other similar events, including but not necessarily limited to commercial samples, advertising materials including printed materials, films and recordings; (c) containers and pallets in use or to be used for refilling; (d) machinery and equipment for completion of projects or for conducting the experiments and tests relating to such projects, or for repair; and (e) goods imported in connection with manufacturing operations. 2. A Party shall not impose any condition on the temporary admission of a good referred to in paragraph l of this Article, other than to require that such good: (a) be accompanied by a security deposit in an amount no greater than the customs duty or charges that would otherwise be owed on importation, releasable on exportation of the good; (b) be exported on the departure of the person referred to in paragraph I or within such period of time as is reasonably related to the purpose of temporary admission; (c) be capable of identification when exported; ( d) not be sold or leased while in its territory; (e) not be imported in a quantity greater than is reasonable for its intended use; and (f) be otherwise admissible into the importing Party's territory under its laws. 3. If any condition that a Party imposes under paragraph 2 of this Article has not been fulfilled, that Party may apply the customs duty and any other charge that would normally be owed on importation of the good. 4. Each Party shall, at the request of the importer and for reasons deemed valid by its Customs authorities, extend the time limit for temporary admission beyond the period initially fixed. 5. Each Party shall relieve the importer of liability for failure to export a temporarily admitted good upon presentation of satisfactory proof to the Party's Customs authorities that the good has been destroyed within the original time limit for temporary admission or any lawful extension. A Party may condition relief of liability under this paragraph by requiring the importer to receive prior approval from the Customs authorities of the importing Party before the good can be so destroyed. 2-3
6. Each Party, through its Customs authorities, shall adopt and maintain procedures providing for the expeditious release of goods admitted under this Article. To the extent possible, these procedures shall provide that when such goods accompany a national or resident of the other Party who is seeking temporary entry, the good shall be released simultaneously with the entry of that national or resident. ARTICLE 2.8 Duty-Free Entry of Commercial Samples of Negligible Value and Printed Advertising Materials Each Party shall, in accordance with its respective domestic laws and regulations, grant duty�free entry to commercial samples of negligible value, and to printed advertising materials, imported from the territory of the other Party, regardless of their origin, but may require that: (a) such samples be imported solely for the solicitation of orders for goods, or the solicitation of orders for services provided from the territory of the other Party or a non-Party; or (b) such advertising materials be imported in packets that each contain no more than one copy of each such material and that neither such materials nor packets form part of a larger consignment. ARTICLE 2,9 Goods Returned or Re-Entered After Repair or Alteration I. Neither Party may apply a customs duty to a good, regardless of its origin, that re-enters its territory within one year after that good has been exported from its territory to the territory of the other Party for repair or alteration, regardless of whether such repair or alteration could be performed in its territory, except that a customs duty may be applied to the addition resulting from the repair or alteration that was performed in the territory of the other Party. 2. Neither Party may apply a customs duty to a good, regardless of its origin, imported temporarily from the territory of the other Party for repair or alteration, provided such good is exported from the territory of the importing Party according to its domestic laws and regulations. 3. For purposes of this Article, "repair" or "alteration" means any operation or process undertaken on a good to remedy operational defects or material damage and entailing the re-establishment of the good to its original function, or to ensure its compliance with technical requirements for its use. Repair or alteration of a good includes restorating, renovating, cleaning, resterilising, maintenance or other operation or process regardless of a possible increase in the value of the good that does not: (a) destroy a good's essential characteristics or create a new or commercially different good; (b) transform an unfinished good into a finished good; or 2-4
( c) change the function of a good. ARTICLE 2.10 Import and Export Restrictions I. Except as otherwise provided in this Agreement, neither Party may adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except in accordance with Article XI of GA TT 1994 and its interpretative notes, and to this end Article XI of GA TT 1994 and its interpretative notes are incorporated into and made a part of this Agreement, mutatis mutandis. 2. In the event that a Party introduces a measure that imposes a prohibition or restriction otherwise justified under the relevant provisions of the WTO Agreement with respect to the exportation of goods to the other Party, the Party imposing the measure shall publish the measure in a timely manner. Upon the request of the other Party, it shall enter into consultation with the aim of resolving any problem that may arise due to that measure. ARTICLE 2.11 Import Licensing I. Neither Party may adopt or maintain a measure that is inconsistent with the Import Licensing Agreement, 1 which is hereby incorporated into and made part of this Agreement, mutatis mutandis. 2. Before applying any new or modified import licensing procedure, a Party shall publish it in such a manner as to enable governments and traders to become acquainted with it, including through publication on an official government internet site. Upon request of the other Party, the Party shall exchange information concerning its implementation in a reasonable period. ARTICLE 2.12 Customs Valuation The Parties shall determine the customs value of goods traded between them in accordance with the provisions of Article VII of the GATT I 994 and the Customs Valuation Agreement, mutatis mutandis. 1 For the purposes of paragraph I and for greater certainty, in determining whether a measure is inconsistent with the Import Licensing Agreement. the Parties shall apply the definition of �'import licensing�� contained in this Agreement. 2-5 QA-
ARTICLE 2.13 Export Subsidies Upon entry into force of this Agreement, no Party shall maintain, introduce or reintroduce export subsidies or other measures with equivalent effect on any good destined for the territory of the other Party, including agricultural products. ARTICLE 2.l4 Transparency Article X of the GATT 1994 is incorporated into and made part of this Agreement, mutatis mutandis. ARTICLE 2.lS Restrictions to Safeguard the Balance-of-Payments I. The Parties shall endeavour to avoid the imposition of restrictive measures for balance�of-payments purposes. 2. Any such measures taken for trade in goods shall be in accordance with Article XII of the GATT 1994 and the Understanding on the Balance-of-Payments Provisions of the GA TT 1994, the provisions of which are incorporated into and made a part of this Agreement, mutatis mutandis. ARTICLE 2.16 Administrative Fees and Formalities I. Each Party shall ensure, in accordance with Article VIll: 1 of GATT 1994 and its interpretive notes, and Article 6 of the WTO Agreement on Trade Facilitation, that all fees and charges of whatever character ( other than import and export duties, charges equivalent to an internal tax or other internal charges applied consistently with Article lll:2 of GA TT 1994, and antidumping and countervailing duties applied pursuant to its laws or regulations) imposed on, or in connection with, importation or exportation are limited in amount to the approximate cost of services rendered and do not represent an indirect protection to domestic goods or a taxation of imports or exports for fiscal purposes. 2. Each Party shall promptly publish details and shall make such information available on the internet regarding the fees and charges it imposes in connection with importation or exportation and shall make such information available to the other Party upon written request in English. ARTICLE 2.17 Non-Tariff Measures 1. Neither Party shall adopt or maintain any non-tariff measure on the importation of any good of the other Party or on the exportation of any good destined for the territory of the other Party, except in accordance with its WTO rights and obligations or this Agreement. 2-6
2. Each Party shall ensure that its laws, regulations, procedures and administrative rulings relating to non-tariff measures are not prepared, adopted or applied with the view to, or with the effect of, creating unnecessary obstacles trade with the other Party. 3. If a Party considers that a non-tariff measure of the other Party is an unnecessary obstacle to trade, that Party may nominate such a non-tariff measure for review by the Sub-committee on Trade in Goods by notifying the other Party at least 30 days before the date of the next scheduled meeting of the Sub-committee on Trade in Goods. A nomination of a non-tariff measure for review shall include reasons for its nomination, how the measure adversely affects trade between the Parties, and if possible, suggested solutions. The Sub-committee on Trade in Goods shall immediately review the measure with a view to securing a mutually agreed solution to the matter. ARTICLE 2.18 State Trading Enterprises Nothing in this Agreement shall -be construed to prevent a Party from maintammg or establishing a state trading enterprise in accordance with Article XVII of the GATT 1994 and the Understanding on the Interpretation of Article XVII of the GATT 1994. ARTICLE 2.19 Exchange of Data I. The Parties recognise the value of trade data in accurately analysing the implementation of the Agreement. The Parties shall cooperate with a view to conducting periodic exchanges of data relating to trade in goods between the Parties. 2. The Parties may engage in such periodic exchanges within the Sub-committee on Trade in Goods. 3. A Party shall give positive consideration to a request from the other Party for technical assistance for the purposes of exchange of data under paragraph I. ARTICLE 2.20 Subcommittee on Trade in Goods 1. The Parties hereby establish a Subcommittee on Trade m Goods under the Joint Committee comprising representatives of each Party. 2. The Subcommittee shall meet once a year or as often as the Parties consider necessary to consider any matter arising under this Chapter. 3. The functions of the Subcommittee shall include, inter alia: (a) monitoring the implementation and administration of this Chapter; (b) promoting trade in goods between the Parties, including through consultations on accelerating and broadening the scope of preferential treatment or tariff elimination under this Agreement and other issues as appropriate; 2-7 QA-
( c) addressing barriers to trade in goods between the Parties, including those related to non-tariff measure that may restrict trade in goods between the Parties and, if appropriate, referring such matters to the Joint Committee for its consideration; (d) providing advice and recommendations to the Joint Committee on cooperation needs regarding trade in goods matters; (e) reviewing the amendments to the Harmonized System (HS) to ensure that each Party's obligations under this Agreement are not altered, and consulting to resolve any conflicts between: (i) such amendments to the Harmonized System (HS) and Annex 2A (Georgia Schedule of Tariff Commitments) or 2B (UAE Schedule of Tariff Commitments); and (ii) national nomenclatures; (t) consulting on and endeavouring to resolve any difference that may arise among the Parties on matters related to the classification of goods under the Harmonized System (HS); (g) exchanging data on trade in goods in accordance with Article 2.19 (Exchange of Data); (h) assessing matters that relate to trade in goods and undertaking any additional work that the Joint Committee may assign to it; and (i) reviewing and monitoring any other matter related to the implementation of this chapter. 2-8 QA-
For the purposes of this Chapter: CHAPTER3 RULES OF ORIGIN SECTION A Origin Determination ARTICLE 3.1 Definitions Aquaculture refers to the farming of aquatic organisms including fish, molluscs, crustaceans, other aquatic invertebrates and aquatic plants, from seedstock such as eggs, fry, fingerlings and larvae, by intervention in the rearing or growth processes to enhance production, such as, inter alia, regular stocking, feeding, protection from predators; Customs Value refers to the price actually paid or payable to the exporter for a product when the product is loaded out of the carrier, at the port of importation, including the cost of the product, insurance and freight necessary to de! iver the product to the named port of destination. The valuation shall be made in accordance with Article VII of the GATT I 994, including its notes and supplementary provision thereof, and the Customs Valuation Agreement; Competent Authority refers to: (a) in the case of Georgia, the Legal Entity of Public Law-Revenue Service of the Ministry of Finance of Georgia ("LEPL") or any other agency notified from time to time; and (b) in the case of the UAE, the Ministry of Economy or any other agency notified from time to time; Consignment means products which are either sent simultaneously from one exporter to one consignee or covered by a single transport document covering their shipment from the exporter to the consignee or, in the absence of such a document, by a single invoice; Customs Authorities refers to: (a) in the case of Georgia, LEPL -Revenue Service of the Ministry of Finance of Georgia; and (b) in the case of the UAE, the Federal Authority for Identity and Citizenship, Customs and Port Security; Fungible Material or Fungible Good means material or a good that is of the same kind and commercial quality, with the same technical and physical characteristics, and which cannot be distinguished from another material or good; Generally Accepted Accounting Principles refers to the recognised consensus or substantial authoritative support in the territory of a Party, with respect to the recording of revenues, 3-1 Cit
expenses, costs, assets and liabilities, the disclosure of information and the preparation of financial statements. These standards may encompass broad guidelines of general application as well as detailed standards, practices and procedures; Good refers to any merchandise, product, article or material; Harmonized System (HS) refers to the Harmonized Commodity Description and Coding System, including its general rules and legal notes set out in the Annex to the International Convention on the Harmonized Commodity Description and Coding System; Indirect Material refers to a material used in the production, testing or inspection of a good but not physically incorporated into the good, or the operation of equipment associated with the production of a good, including: (c) fuel and energy; (d) tools, dies and molds; (e) spare parts and materials used in the maintenance of equipment; (t) lubricants, greases, compounding materials and other materials used m production or used to operate equipment; (g) gloves, glasses, footwear, clothing and safety equipment and supplies; (h) equipment, devices, supplies used for testing or inspecting the goods; (i) catalysts and solvents; and U) any other material that is not incorporated into the good but for which the use in the production of the good can reasonably be demonstrated to be a part of that production; Manufacture refers to any kind of working or processing, including assembly or specific operations; Material refers to any ingredient, raw material, compound or part, etc., used in the production ofa good; Non-Originating Good refers to a good that does not qualify as originating under this Chapter; Non-Originating Material (NOM) refers to any materials whose country of origin is a country other than the Parties (imported non-originating), any materials whose origin cannot be determined (undetermined origin) or a material that does not qualify as originating under this Chapter; Originating Good or Originating Material refers to goods or materials that qualify as originating under this Chapter; 3-2 a-A
Product refers to that which is obtained by growing, raising, mining, harvesting, fishing, aquaculture, trapping, hunting, extracting or manufactured, even if it is intended for later use in another manufacturing operation; and Production refers to growing, raising, mmmg, harvesting, fishing, aquaculture, trapping, hunting, manufacturing, processing, assembling or disassembling a good. ARTICLE 3.2 Originating Goods For the purpose of implementing this Agreement, goods shall be considered as originating in the territory of a Party, if: (a) goods are wholly obtained or produced there according to Article 3.3 (Wholly Obtained or Produced Goods); (b) goods are not wholly obtained or produced entirely there, provided that the goods have undergone sufficient transformation according to Article 3.4 (Sufficient Working or Production); or (c) goods produced entirely there exclusively from originating materials of any of the Parties. and the goods satisfied all other applicable requirements of this Chapter ARTICLE 3.3 Wholly Obtained or Produced Goods For the purposes of this Agreement, the following goods shall be considered as being wholly obtained or produced in the territory of a Party: (a) plant and plant products grown, collected, and harvested there; (b) live animals born and raised there; (c) products obtained from live animals there; (d) mineral products and natural resources extracted or taken from that Party's soil, subsoil, waters, seabed or beneath the seabed; (e) products obtained from hunting, trapping, collecting, capturing, fishing or aquaculture conducted there; (f) products of sea fishing and other marine products taken from outside its territorial waters by a vessel and/or produced or obtained by a factory ship registered, recorded, listed or licensed with the Party and flying its flag; (g) products, other than products of sea fishing and other marine products, taken or extracted from the seabed, ocean floor or the subsoil of the continental shelf or the exclusive economic zone of any of the Party, provided that the Party or 3-3 Q/1
person has the right to exploit such seabed, ocean floor or subsoil in accordance to international law; (h) used articles collected there which can no longer perform their original purpose nor are capable of being restored or repaired and which are fit only for disposal or for the recovery of parts or raw materials; (i) waste or scrap resulting from utilisation, consumption or manufacturing operations conducted there, fit only for recovery of raw materials; and (j) products produced or obtained there exclusively from products referred to in subparagraphs (a) through (i) of this Article or from their derivatives, at any stage of production. ARTICLE3.4 Sufficient Working or Production I. For the purposes of paragraph (b) of Article 3.2 (Originating Goods), a good shall be deemed to be originating if the good satisfies any of the following: (a) a Change in Tariff Heading (CTH), which means that all non-originating materials used in the production of the good have undergone a change in tariff classification at the four-digit level; or (b) a Qualifying Value Content (QVC) not less than 35% of the Ex-Works value. 2. Notwithstanding paragraph 1, if the good falls within the tariff subheadings included in the Product Specific Rules (PSR) list in Annex 3A (Product Specific Rules), then the good shall satisfy the specific rule detailed therein. 3. For the purposes of paragraph I of this article, the QVC shall be calculated as follows: ExWorks Value -V. N. M QVC(ExWorks) = ExWorks Value * 100 where: QVC is the qualifying value content of a good expressed as a percentage; Ex-Works Value is the price paid for the good ex-works to the manufacturer in the Party in whose undertaking the last working or processing is carried out, provided the price includes the value of all the materials used, minus any internal taxes which are, or may be, repaid when the good obtained is exported; and V.N.M is the customs value of the non-originating materials at the time of importation or the earliest ascertained price paid or payable in the Party where the production takes place for all non-originating materials, parts or produce that are acquired by the producer in the production of the good. When the producer of a good acquires non�originating materials within that Party, the value of such materials shall not include 3-4
freight, insurance, packing costs and any other costs incurred in transporting the material from the supplier's warehouse to the producer's location. ARTICLE3.S Intermediate Goods For a non-originating material that undergoes sufficient production in the territory of a Party as provided in Article 3.4 (Sufficient Working or Production), the resulting good shall be considered as originating and no account shall be taken of the non-originating material contained therein when that good is used in the subsequent production of another good. ARTICLE 3.6 Accumulation I . An originating good of a Party which is used in the processing or production in the territory of the other Party as material for finished goods shall be deemed as a material originating in the territory of the latter Party where the working or processing of the finished goods has taken place. 2. Notwithstanding subparagraph I, an originating material from a Party that does not undergo processing beyond the minimal or insufficient operations listed in Article 3.8 (Insufficient Operations) in the other Party shall retain its originating status of the former Party. 3. The Joint Committee may agree to review this Article with a view to providing for other forms of accumulation for the purposes of qualifying goods as originating goods under this Agreement. ARTICLE3.7 Tolerance I. Notwithstanding Article 3.4 (Sufficient Working or Production), a good will be considered to have undergone a change in tariff classification if: (a) the value ofali non-originating materials that are used in the production ofthe good and that do not undergo the applicable change in tariff classification does not exceed 20% of the Ex-Works price of the good; or (b) for goods provided for in Chapters 50 to 63 of the HS code, the weight or value of all non-originating materials that are used in the production of the good and that do not undergo the applicable change in tariff classification does not exceed 20% of the weight or the Ex-Works price of the good; and the good specified in subparagraphs (a) or (b) meets all other applicable requirements of this Chapter for qualifying as an originating good. 2. The value of non-originating materials referred to in paragraph l shall be included in the value of the non-originating materials for any applicable value added content requirement. 3-5
ARTICLE3.8 Insufficient Operations I. Regardless of whether or not the requirements of Article 3.4 (Sufficient Working or Production) are satisfied, a good shall not be considered to be originating in the territory of a Party if the following operations are undertaken exclusively by themselves or in combination in the territory of that Party: (a) operations to ensure the preservation of products in good condition during transport and storage such as drying, freezing, ventilation, chilling and like operations; (b) sifting, classifying, washing, cutting, slitting, bending, coiling or uncoiling, sharpening, simple grinding, slicing; (c) cleaning, including removal of oxide, oil, paint or other coverings; (d) simple painting and polishing operations; (e) testing or calibration; (f) placing in bottles, cans, flasks, bags, cases, boxes, fixing on cards or boards and all other simple packaging operations; (g) simple mixing of goods, whether or not of different kinds; (h) simple assembly of parts of products to constitute a complete good or disassembly of products into parts; (i) changes of packing, unpacking or repacking operations, and breaking up and assembly of consignments; (j) affixing or printing marks, labels, logos and other like distinguishing signs on goods or their packaging; (k) husking, partial or total bleaching, polishing and glazing of cereals and rice; and (I) mere dilution with water or another substance that does not materially alter the characteristics of the goods. 2. For the purposes of paragraph I above, the term "simple" will be defined as follows: (a) "Simple" generally describes an activity which does not need special skills, machines, apparatus or equipment especially produced or installed for carrying out the activity; and (b) "Simple mixing" generally describes an activity which does not need special skills, machine, apparatus or equipment especially produced or installed for carrying out the activity. However, simple mixing does not include chemical reaction. Chemical reaction means a process (including a biochemical process) 3-6
which results in a molecule with a new structure by breaking intramolecular bonds and by forming new intramolecular bonds or by altering the spatial arrangement of atoms in a molecule. ARTICLE3.9 Indirect Materials Any indirect material used in the production of a good shall be treated as originating material, irrespective of whether such indirect material is originating. ARTICLE 3.10 Accessories, Spare Parts, Tools I. Accessories, spare parts, tools and instructional or other information materials delivered with a good that form part of the good 's standard accessories, spare parts, tools and instructional or other information materials shall be regarded as a part of the good, and shall be disregarded in determining whether or not all the non-originating materials used in the production of the originating goods undergo the applicable change in tariff classification provided that: (a) the accessories, spare parts, tools and instructional or other information materials are classified with and not invoiced separately from the good; and (b) the quantities and value of the accessories, spare parts, tools and instructional or other information materials presented with the good are customary for the good. 2. Notwithstanding paragraph I, if the goods are subject to a QVC requirement, the value of the accessories, spare parts, tools and instructional or other information materials shall be taken into account as originating or non-originating materials, as the case may be, in calculating the qualifying value content of the goods. ARTICLE 3.11 Packaging Materials and Containers for Retail Sale I. Each Party shall provide that packaging materials and containers in which a good is packaged for retail sale, if classified with the good, according to Rule 5 of the General rules for the interpretation of the Harmonized System, shall be disregarded in determining whether all the non-originating materials used in the production of the good undergo the applicable change in tariff classification set out in any applicable product-specific rules. 2. If the good is subject to qualifying a value content requirement, the value of such packaging materials and containers shall be taken into account as originating or non�originating materials, as the case may be, in calculating the qualifying value content of the good. 3-7
ARTICLE 3,12-Packaging Materials and Containers for Shipment Each Party shall provide that packing materials and containers for shipment are disregarded in detennining whether a good is originating. ARTICLE 3. 13 Fungible Goods and Materials I. Each Party shall provide that the determination of whether fungible goods or materials are originating goods shall be made through physical segregation of each good or material, or, in case of any difficulty, through the use of any inventory management method, such as averaging, last-in, first-out or first-in, first out, recognised in the generally accepted accounting principles of the Party in which the production is performed, or otherwise accepted by the Party in which the production is performed. 2. Each Party shall provide that an inventory management method selected under paragraph I of this Article for particular fungible goods or materials shall continue to be used for those fungible goods or materials throughout the fiscal year of the Party that selected the inventory management method. ARTICLE 3.14 Sets of Goods Sets, as defined in General Rule 3 of the Hannonized System (HS), shall be regarded as originating when all component goods are originating. However, when a set is composed of originating and non-originating products, the set as a whole shall be regarded as originating, provided that the value of non-originating products does not exceed 25% of the Ex woks price of the set. SECTION B Territoriality and Transit ARTICLE 3.15 Principle of Territoriality I. The conditions for acquiring originating status set out in Article 3.2 (Originating Goods) must be fulfilled without interruption in the territory of one or both of the Parties. 2. Where originating goods exported from the territory of a Party to a non-Party return to the exporting Party, they must be considered as non-originating, unless it can be demonstrated to the satisfaction of the customs authorities that: (a) the returning goods are the same as those exported; and (b) the goods have not undergone any operation beyond that necessary to preserve them in good condition while in that non-Party or while being exported. 3-8
ARTICLE 3.16 Outward Processing I. Notwithstanding Article 3. 15 (Principle of Territoriality), the acquisition oforiginating status pursuant to Article 3.2 (Originating Goods) shall not be affected by working or processing done outside a Party on materials exported from a Party and subsequently re-imported there, provided: (a) the said materials are wholly obtained in any of the Parties or have undergone working or processing beyond the operations referred to in Article 3.8 (Insufficient Operations) prior to being exported; and (b) it can be demonstrated to the satisfaction of the customs authorities that: (i) the re-imported goods have been obtained by working or processing the exported materials; and (ii) the total added value acquired outside a Party by applying the provisions of this Article does not exceed 20% of the Ex-Works price ofthe end product for which originating status is claimed. (iii) The conditions set out in Article 3.7 (Tolerance) shall not apply to the said material as referred to in subparagraph (a); 2. For the purposes of applying the provisions of paragraph 1, "total added value" shall be taken to mean all costs arising outside the Parties, including the value of the materials incorporated there. 3. Any working or processing of the kind covered by the provisions of this Article and done outside the exporting Party shall be done under outward processing arrangements or similar arrangements. ARTICLE 3,17 Transit and Transshipment I. Each Party shall provide that an originating good retains its originating status if the good has been transpotted directly to the importing Party without passing through the territory of a non-Party. 2. Notwithstanding paragraph I, each Party shall provide that an originating good retains its originating status if it transits through or is stored in temporary warehousing, in one or more intermediate non-Parties, provided that the good: ... t:::=-=-(a) remained under customs control in the territory of the non-Party or non-Parties; and (b) has not undergone any operation there other than unloading, reloading, repackaging, split from bulk, labelling or any operation required to keep it in good condition. 3-9
3. An importer shall upon request supply appropriate evidence to the customs authorities of the importing Party that the conditions set out in paragraph 2 have been fulfilled. ARTICLE 3.18 Free Economic Zones or Free Zones I. Both Parties shall take all necessary steps to ensure that originating goods traded under cover of a proof of origin which in the course of transport use a free zone situated in their territory, are not substituted by other goods and do not undergo handling other than normal operations designed to prevent their deterioration. 2. Goods produced or manufactured in a free zone situated within a Party shall be considered as originating goods in that Party when exported to the other Party provided that the treatment or processing is in conformity with the provisions of this Chapter and supported by a proof or origin. ARTICLE 3.19 Third Party Invoicing I. The customs authorities in the importing Party shall not reject a certificate of origin solely for the reason that the invoice was not issued by the exporter or producer of the good, provided that the good meets the requirements in this Chapter. 2. The exporter of the good shall indicate "third party invoicing" and such information as name and country of the company issuing rhe invoice shall appear in in the appropriate field as detailed in Annex 38 (Specimen of Georgia-UAE Certificate of Origin and Application for a Georgia-UAE Certificate of Origin). SECTION C Origin Certification ARTICLE 3.20 Proof of Origin I. Goods originating in a Party shall, on importation into the other Party, benefit from preferential tariff treatment under this Agreement on the basis of a Proof of Origin. 2. Any of the following shall be considered as a Proof of Origin: (a) a paper format certificate of origin in soft or hard copy issued by a competent authority as per Article 3.21 (Certificate of Origin in Paper Format); (b) an Electronic Certificate of Origin (E-Certificate) issued by a competent authority and exchanged by a mutually developed electronic system m accordance with Article 3.22 (Electronic Data Origin Exchange System); (c) an origin declaration made out by an approved exporter in accordance with Article 3.23 (Origin Declaration). 3-10
3. Each Party shall provide that a Proof of Origin, which shall be completed in the English language remains valid for one year from the date on which it is issued. ARTICLE 3.21 Certificate of Origin in Paper Format l. A Certificate of Origin in paper format shall: (a) be in a standard A4 white paper in accordance with the attached Form set out in Annex 38 (Specimen ofGeorgia-UAE Certificate of Origin and Application for a Georgia-UAE Certificate of Origin); (b) comprise one original and two copies. The original shall be forwarded by the producer or exporter to the importer for submission to the customs authorities of the importing Party. The duplicate shall be retained by the competent authority of the exporting Party. The triplicate shall be retained by the producer or exporter; (c) may cover one or more goods under one consignment; and (d) be in a printed format or such other medium including electronic format. 2. Each Certificate of Origin shall bear a unique serial reference number separately given by each place or office of issuance. 3. A Certificate of Origin shall bear an official seal of the competent authority. The official seal may be applied electronically. 4. In case the official seal is applied electronically, an authentication mechanism, such as a QR code or a secured website, shall be included in the certificate for it to be deemed as an original certificate. ARTICLE 3.22 Electronic Data Origin Exchange System For the purposes of paragraph 2(b) of Article 3 .20 (Proof of Origin), the Parties shall endeavour to develop an electronic system for origin information exchange to ensure the effective and efficient implementation of this Chapter particularly on transmission of electronic certificate of origin. ARTICLE 3.23 Origin Declaration I. For the purposes of paragraph 2(c) of Article 3.20 (Proof of Origin), the Parties shall, within one year from the date of entry into force of this Agreement, implement provisions allowing each competent authority to recognise an origin declaration made by an approved exporter. 3-11
2. The customs authorities of the exporting Party may authorise any exporter (hereinafter referred to as "approved exporter"), who exports goods under this Agreement, to make out Origin Declarations, a specimen of which appears in Annex 3C (Origin Declaration), irrespective of the value of the goods concerned, in accordance with appropriate conditions in the respective law of the exporting Party. 3. An exporter seeking such authorisation must offer to the satisfaction of the customs authorities all guarantees necessary to verify the originating status of the goods as well as the fulfilment of the other requirements of this Chapter. 4. The customs authorities of the exporting Party may grant the status of approved exporter, subject to any conditions which they consider appropriate. 5. The customs authorities of the exporting Party shall share or publish the list of approved exporters and periodically update it. 6. An Origin Declaration (the text of which appears in Annex 3C(Origin Declaration) shall be made out by the approved exporter by typing, stamping or printing the declaration on the invoice, the delivery note or another commercial document which describes the products concerned in sufficient detail to enable them to be identified. The declaration may also be hand-written. If the declaration is hand-written, it shall be written in permanent ink in legible printed characters. 7. The approved exporter making out an Origin Declaration shall be prepared to submit at any ti me, at the request of the customs authorities of the exporting Party, all appropriate document proving the originating status of the goods concerned, as well as the fulfilment of the other requirements of this Chapter. ARTICLE 3.14 Application for Certificate of Origin l. Certificates of Origin shall be issued by the competent authority of thee porting Part , either upon an electronic application or an application in paper fonn, having been made by the exporter or under the expot1er' responsibility by his or her authorised representative, in accordance with the domestic regulations of the exporting Party. 2. The exporter applying for the issuance of a Certificate of Origin shall be prepared to submit at any time, at the request of the competent authority of the exporting Party. all appropriate documents proving the originating status of the goods concerned, as well as the fulfilment of the other requirements of this Chapter. 3. Certificates of Origin shall be issued if the goods to be exported are products originating in thee �porting Party in accordance with Article 3.2 (Originating Goods). 3-[2
ARTICLE 3.25 Examination of Application for a Certificate of Origin The competent authority shall, within its competences and to the best of its ability, carry out proper examination in accordance with the laws and regulations of the exporting Party upon each application for a Certificate of Origin to ensure that: (a) the application and the Certificate of Origin is duly completed and signed by the authorised signatory; (b) the origin of the good is in conformity with the provisions of this Chapter; ( c) the other statements on the Certificate of Origin correspond to the appropriate supporting documentary evidence submitted; (d) the HS Code, description, quantity and value conform to the good to be exported;and (e) multiple items declared on the same Certificate of Origin, shall be allowed, provided that each item must qualify separately in its own right. ARTICLE 3.26 Treatment of Erroneous Declaration in the Certificate of Origin Neither erasures nor superimposition shall be allowed on the Certificate of Origin. Any alterations shall be made by issuing a new Certificate of Origin to replace the erroneous one. The reference number and date of the corrected Certificate of Origin should be indicated in the appropriate field on the newly issued Certificate of Origin as detailed in Annex 38 (Specimen of Georgia-UAE Certificate of Origin and Application for a Georgia-UAE Certificate of Origin). The validity of the replacement certificate will be the same as the original. ARTICLE 3.27 Importation by Instalments Where, at the request of the importer and on the conditions laid down by the customs authorities of the importing Party, dismantled or non-assembled products within the meaning of General Rule 2(a) of the Harmonized System (HS) are imported by instalments, a single proof of origin for such products shall be submitted to the customs authorities upon importation of the first instalment. ARTICLE 3.28 Certificate of Origin Issued Retrospectively 1. The Certificate of Origin shall be issued by the competent authority of the exporting Party prior to or at the time of shipment. 2. In exceptional cases where a Certificate of Origin has not been issued prior to or at the time of shipment, due to involuntary errors or omissions or other valid causes, the Certificate of Origin may be issued retroactively, but with a validity period not 3-13
exceeding 12 months following the date of shipment, in which case it is necessary to indicate '"ISSUED RETROSPECTIVELY" in the appropriate field as detailed in Annex 38 (Specimen of Georgia-UAE Certificate of Origin and Application for a Georgia�UAE Certificate of Origin). 3. The provisions of this Article shall be applied to goods which comply with the provisions of this Agreement, and which on the date of its entry into force, are either in transit or are in the territory of the Parties in temporary storage under customs control. This shall be subject to the submission to the customs authorities of the importing Party, within six months from the said date, of a Certificate of Origin issued retrospectively by the competent authority of the exporting Party together with documents, showing that the goods have been transported directly in accordance with the provisions of Article 3.17 (Transit and Transshipment). ARTICLE 3.29 Loss of the Certificate of Origin I. In the event of theft, loss or destruction of a Certificate of Origin, the manufacturer, producer, exporter or its authorised representative may apply to the competent authority which issued it for a certified true copy of the original Certificate of Origin to be made out on the basis of the export documents in possession of the competent authority. 2. The certified true copy of the original Certificate of Origin shall be endorsed with an official signature and seal and bear the words "CERTIFIED TRUE COPY" and the date of issuance of the original Certificate of Origin in the appropriate field as detailed in Annex 38 (Specimen of Georgia-UAE Certificate of Origin and Application for a Georgia-UAE Certificate of Origin). The certified true copy of a Certificate of Origin shall be issued with the same validity period of the original Certificate of Origin. 3. The exporter shall immediately notify the loss to the competent authority, and undertake not to use the original Certificate of Origin for exports under this Agreement. ARTICLE 3.30 Presentation of the Certificate of Origin For the purposes of claiming preferential tariff treatment, the importer or its authorised representative shall submit to the customs authorities of the importing Party, at the time of filing an import declaration, a Certificate of Origin including supporting documentation and other documents as required, in accordance with the laws and regulations of the importing Party. ARTICLE 3.31 Treatment of Minor Discrepancies I. The discovery of minor discrepancies between the statements made in the Certificate of Origin and those made in the documents submitted to the customs authorities of the importing Party for the purpose of carrying out the formalities for importing the goods shall not ipso facto invalidate the Certificate of Origin, if it does in fact correspond to the goods submitted. 3-14 QA-
2. Obvious fonnal errors, such as typing errors, on a proof of origin should not cause this document to be rejected, if these errors are not such as to create doubts concerning the correctness of the statements made in the document. SECTION D Cooperation and Origin Verification ARTICLE 3.32 Notification The competent authorities of the Parties shall provide each other, at least 15 days before the Agreement enters in force, with the following: (a) the specimen seals -of the competent authorities issuing the Certificates of Origin; (b) the web address used for the QR code or website authentication; and ( c) the addresses of the customs authorities responsible for verifying Certificates of Origin and Origin Declarations. ARTICLE 3.33 Denial of Preferential Tariff Treatment I. Except as otherwise provided in this Chapter the customs authorities of the importing Party may deny .a claim for preferential tariff treatment or recover unpaid duties, in accordance with its laws and regulations, whei-e: (a) the good does not meet the requirements of this Chapter; (b) the importer, exporter or producer of the good fails or has failed to comply with any of the relevant 1�equirements of this Chapter for obtaining preferential tariff treatment; (c) the customs authorities of the importing Party have not received sufficient information to determine that the good is originating; (d) the exporter, producer or the customs alllhorities of the exporting Party fail to respond to a written request for information in accordance with Article 3.35 (Verification Visits); or (e) the exporter, producer or the customs authorities of the exporting Party refuse the request for a verification visit in accordance with Article 3.35 (Verification Visits). 2. lf the customs authorities of the importing Party deny a claim for preferential tariff treatment, they shall provide the decision in writing to the importer and include the reasons for the decision. 3-15
3. Upon being communicated the grounds for denial of preferential tariff treatment, the importer may, within the period provided for in the custom laws of the importing Party, file an appeal against such decision with the appropriate authority under the customs laws and regulations of the importing Party. ARTICLE 3.34 Retroactive Check I. The customs authorities of the importing Party may request a retroactive check at random or when they have reasonable doubt as to the authenticity of a document or as to the accuracy of the information regarding the true origin of the goods in question or of certain parts thereof. 2. For the purpose of paragraph 1, the custom authorities of the importing Party may conduct the retroactive check by issuing a written request for additional information from the customs or competent authority of the exporting Party. 3. The request shall be accompanied by the copy of Proof of Origin concerned and shall specify the reasons and any additional information suggesting that the particulars given on the said Proof of Origin may be inaccurate, unless the retroactive check is requested on a random basis. 4. The customs authorities of the importing Party may suspend the provisions on preferential treatment while awaiting the results of the verification. However, it may release the goods to the importer subject to any administrative measures deemed necessary, provided that they are not held to be subject to import prohibition or restriction and there is no suspicion of fraud. 5. Pursuant to paragraph 2, the concerned party receiving a request for retroactive check shall respond to the request promptly and reply not later than 90 days after confirming the receipt of the request. 6. When a reply from the concerned party is not received within 90 days from the date of confirming the receipt of the request made pursuant to paragraph 5, the customs authorities of the importing Party may deny preferential tariff treatment to the good referred to in the said Proof of Origin that would have been subject to the retroactive check and recover unpaid duties. ARTICLE 3.35 Verification Visits 1. Pursuant to paragraph 2 of Article 3.34 (Retroactive Check), if the customs authorities of the importing Party are not satisfied with the outcome of the retroactive check, they may, under exceptional circumstances for justifiable reasons, request the customs or competent authority of the exporting party to conduct a verification visit to the premises of the producer or exporter, including inspection of the exporter's or producer's accounts, records or any other check considered appropriate. 3-16
2. Prior to conducting a verification visit pursuant to paragraph 1, the customs authorities of the importing Party shall request in writing that the customs or competent authority of the exporting Party conduct the verification visit. 3. The written request mentioned in paragraph 2 shall be as comprehensive as possible and shall include, among others: (a) the producer or exporter whose premises are to be visited; (b) justification for the unsatisfactory outcome of the retroactive check conducted by the competent or customs authority of the exporting Party; and (c) the coverage of the proposed verification visit, including reference to the good subject to the verification, and any evidence ofits fulfilment of the requirements of this Chapter. 4. The customs or competent authority of the exporting Party shall obtain the written consent of the producer or exporter whose premises are to be visited. 5. When a written consent from the producer or exporter is not obtained by the cusloms or the competent authority within 30 days from the date of receipt of the verification visit request, the customs authorities of the importing Party may deny preterential tariff treatment to the good referred to ii, the C rtificare of Origin that would have been ubject to the verification visit. 6. The competent or customs authority of the exporting Party conducting the verification visit shall provide the producer or ex�o1t~r whose good is subject to such verification, with a written determination of whether or not the good subject to such verification qualifies as an origina,ting good. 7. Upon the issuance oftbe written detennfoation referred to in paragraph 6 Lhat the good qualifies as an originating good, the customs. authorities of the importing Party shall immediately restore preferential benefits and promptly refund the duties paid in excess of the preferential duty or release guarantees obtained in accordance with the domestic legislation of the Party. 8. Upon the issuance of the written detennination referred to in paragraph 6 that the good does not qualify as an originating good. the producer or exporter sliall be allowed 30 days from the date of receipt of the written determination to provide in writing comments or additional infonnation regarding the eligibility of the good for preferential tariff treatment. The final written determination shall be communicated to the producer or exporter within 30 days from the date of receipt of the comments or additional information. 9. The verification visit process, including the actual visit and the determination under paragraph 6, shall be carried o.ut and its results communicated to the competent or customs authority of the importing Party witnin a maximum period of six months from the day the initial verification visit was requested. While the process of verification is being undertaken, paragraph 4 ofArti le 3.34 (Retroactive Check) shall apply. 3-17
ARTICLE 3.36 Record Keeping Requirement I. For the purposes of the verification process in Articles 3.34 (Retroactive Check) and 3.35 (Verification Visits), each Party shall require that: (a) the manufacturer, producer or exporter retain, for a i:,eriod not less than three years from t.he date of ic;suance of the Proof of Origin, or a longer period in accordance with its domestic laws and regulations, all suppo1iing records necessary to prove that the good for which the Proof of Origin was issued was originating; (b) the importers shall retain, for a period not less than three years from the date of importation of the good. or a longer period in accordance with its domestic laws and regulations, all records to prove that the good for which preferential tariff treatment was claimed was originating; and (c) the competent authority or issuing authority retain. for a period not less than three years trom the date of issuance of the Proof of Origin, or a longer period in accordance with its. domestic laws and regulations. all supporting records of the application for the ProofofO?�igin. 2. The records referred to in paragraph I may be maintained in any medium that allows for prompt retrieval, including but not limited to, digital, electronic, optical, magnetic or written form. ARTICLE 3.37 Confidentiality All information related to the application of this Chapter communicated between the Parties shall be treated as confidential. It shall not be disclosed by the Parties' authorities without express permission of the person or authority providing it. ARTICLE 3.38 Contact Points Each Party shall, within 30 days of the date of entry into force of this Agreement, designate one or more contact points within its competent authority for the implementation of this Chapter and notify the other Party of the contact details of that contact point or those contact points. Each Party shall promptly notify the other Party of any change to those contact details. SECTION E Consultation and Modifications ARTICLE 3.39 Consultation and Modifications The Parties shall consult and cooperate as appropriate through the Joint Committee to: 3-18
(a) ensure that this Chapter is applied in an effective and unifonn manner; and (b) discuss necessary amendments to this Chapter, taking into account developments in technology, production processes and other related matters. 3-19
CHAPTER4 CUSTOMS PROCEDURES & TRADE FACILITATION ARTICLE 4.1 Definitions For the purpose of this Chapter, the following definitions shall mean: Customs authorities shall mean the Legal Entity of Public Law -Revenue Service of the Ministry of Finance of Georgia for Georgia and the Federal Authority of Identity, Citizenship, Customs and Port Security for the UAE; Customs laws are provisions implemented by legislation or regulations concerning the importation, exportation, transit of goods or any other customs procedures whether relating to customs duties, taxes or any other charges collected by the customs authorities, or to measures for prohibition, restriction, or control enforced by the customs authorities; Customs procedure shall mean the measures applied by the customs authorities of a Party to goods and to the means of transport that are subject to its customs laws and regulations; Persons means both natural and legal person, unless the context otherwise requires; Customs Mutual Assistance Agreement (CMAA) is the agreement that further enhances customs cooperation and exchange of information between the Parties to secure and facilitate lawful trade. Authorized Economic Operator(s) (AEO) is the programme which recognises an operator involved in the international movement of goods in whatever function that has been approved by the national customs authorities as complying with the World Customs Organization (WCO) or equivalent supply chain security standards; and Mutual Recognition Arrangement (MRA) is the arrangement between the Parties that mutually recognise AEO authorisations that have been properly granted by each Party's customs authorities. ARTICLE4.2 Scope This Chapter shall apply, in accordance with the Parties' respective national laws, rules, and regulations, to customs procedures required for clearance of goods traded between the Parties. ARTICLE4,3 General Provisions I. The Parties agree that their customs laws and procedures shall be transparent, non�discriminatory, consistent and avoid unnecessary procedural obstacles to trade. (a) Each Party's customs procedures shall conform, where possible, to the standards and recommended practices of the World Customs Organization. 4-1
2. The customs authorities of each Party shall periodical I review its customs procedures with a view to their further simplification and development to facilitate bilateral trade. ARTICLE4.4 Publication and Availability of Information 1. Each Party shall ensure that its laws, regulations. guidelines, procedures and administrative rulings governing customs matters are promptly published, either on the Internet or in print fonn. in the English language, to the extent possible. 2. Each Party shall designate. establish, and maintain one or more enquiry poi.nts to addres enquiries from interested persons pertaining to customs matters, and shall endeavour to make avai'lab!e publicly through electronic means, information concerning procedures for making such enquiries. 3. Nothing in this Article or in any part of this Agreement shall require either Party to publish law enforcement procedures and internal operational guidelines including those related to conducting risk analysis and targeting methodologies. ? 4. Each Party shall, to the extent practicable, and in a manner consistent with its domestic la, and legal system. nsttre that new or an1ended laws and regulations of general application related to the movement. release, and clearance of goods, including goods in transit. are published or information on them made otherwise publicly available, as early as possible before their entry into force. so that interested parties have the opportunity to become acquainted with the new or amended laws and regulations. Such information and publications shall b made available in the English language, to the extent possible. ARTICLE 4.5 Risk Management I. Each Party shal I adopt a risk management approach in its customs activities, based on its identified risk of goods, in order to facilitate the clearance oflow risk consignments. while focusing its inspection activities on high-risk goods. ARTICLE4.6 Paperless Communications I. For the purposes of facilitating bilateral exchange of international trade data and expediting procedures fo.r the release of goods, the Parties shall endeavour to provide an electronic environment that upports business transactions between their respective custol11 authorities and their trading entities. 2. The Parties hall exchange views and information on realising and promoting paperless communications between their respective customs authorities and their trading entities. 3. The Parties' customs authorities, in implementing initiatives which provide for the use of paperless communications, shall take into account the methodologies agreed at the 4-2
WCO as well as those that may be included under the CMM to be negotiated between the Parties. ARTICLE 4.7 Advance Rulings I. In accordance with its commitments under the World Trade Organization (WTO) Trade Facilitation Agreement (TF A), each Party shall provide for the issuance of an advance ruling, prior to the importation ofa good into its territory, to an importer of the good in its territory or to an exporter or producer of the good in the other Party. 2. For purposes of paragraph 1, each Party shall issue rulings as to whether the good qualifies as an originating good or to assess the good's tariff classification. In addition, each Party may issue rulings that cover additional trade matters as specified in the TF A. Each Party shall issue its determination regarding the origin or classification of the good within a reasonable, time-bound manner from the date of receipt of a complete application for an advance ruling. 3. The importing Party shall apply an advance ruling issued by it under paragraph I of this Article on the date that the ruling is issued or on a later date specified in the ruling, and it shall remain in effect for a reasonable period of time and in accordance with the national procedures on advanced rulings, unless the advance ruling is modified or revoked. 4. The advance ruling issued by the Party shall be binding on the person to whom the ruling is issued only. 5. A Party may decline to issue an advance ruling if the facts and circumstances forming the basis of the advance ruling request are the subject ofa post-clearance audit or an administrative, or judicial review or appeal. A Party that declines to issue an advance ruling shall promptly notify, in writing, the person requesting the ruling, setting out the relevant facts and circumstances and the basis for its decision. 6. The importing Party, in accordance with its national laws and regulations, may modify or revoke an advance ruling: (a) if the ruling was based on an error of fact; (b) if there is a change in the material facts or circumstances on which the ruling was based; (c) to conform with a modification of this Chapter; or (d) to conform with a judicial decision or a change in its domestic law. 7. Each Party shall provide written notice to the applicant explaining the Party's decision to revoke or modify the advance ruling issued to the applicant. 4-3
8. Each Party shall provide, in accordance with its national laws and regulations, that any modification or revocation ofan advance ruling shall be effective on the date on which the modification or revocation is issued, or on such later date as may be specified therein, and shall not be applied to importations of a good that have occurred prior to that date, unless the person to whom the advance ruling was issued has not acted in accordance with its terms and conditions. 9. Notwithstanding paragraph 3 of this Article, the issuing Party shall postpone the effective date of the modification or revocation of an advance ruling for a reasonable period of time and in accordance with each Party's national procedures on advance rulings, where the person to whom the advance ruling was issued demonstrates that he has relied in good faith to his detriment on that ruling. ARTICLE 4.8 Penalties I. Each Party shall maintain measures imposing criminal, civil or administrative penalties, whether solely or in combination, for violations of the Party's customs laws, regulations or procedural requirements. 2. Each Party shall ensure that penalties issued for a breach of its customs law, regulations or procedural requirements are imposed only on the person(s) responsible for the breach under its laws. 3. Each Party shall ensure that the penalty imposed by its customs authorities is dependent on the facts and circumstances of the case and is commensurate with the degree and severity of the breach. 4. Each Party shall ensure that it maintains measures to avoid conflicts of interest in the assessment and collection of penalties and duties. No portion of the remuneration of a government official shall be calculated as a fixed portion or percentage ofany penalties or duties assessed or collected. 5. Each Party shall ensure that if a penalty is imposed by its customs authorities for a breach of a customs law, regulation or procedural requirement, an explanation in writing is provided to the person(s) upon whom the penalty is imposed specifying the nature of the breach and the law regulation or procedure used for determining the penalty amount. ARTICLE 4.9 Release of Goods I. Each Party shall adopt or maintain simplified customs procedures for the efficient release of goods in order to facilitate trade. 2. Pursuant to paragraph 1, each Party shall adopt or maintain procedures that: 4-4 (l/1
(a) provide for the release of goods without unnecessary delay upon receipt of the customs declaration and fulfilment of all applicable requirements and procedures; (b) provide for the electronic submission and processing of documentation and data, including manifests, prior to the arrival of the goods in order to expedite the release of goods from customs control upon arrival; (c) allow goods to be released at the point of arrival without requiring temporary transfer to warehouses or other facilities; and (d) require thatthe importer be informed if a Party does not promptly release goods, including, to the extent permitted by its law. the reasons why the goods are not released and which border agency, if not the customs authorities, has withheld release of the goods. 3. othing in this Article requires a Party to release a good if its requirements for release have not been met in accordance with its national laws and regulations nor prevents a Party from liquidating a security deposit in accordance with its law. 4. Each Party may allow, to the extent practicable and in accordance with its customs laws. goods intended for importation to be moved within its territory under customs control from the point of entry into lhe Prut �s territory to another customs office in its territory from where the goods are intended to be released provided the applicable regulatory requirements are met. ARTICLE 4.10 Authorized Economic Operators In order to facilitate trade and enhance compliance and risk management between them, the Parties shall conclude an Authorized Economic Operator (AEO) Mutual Assistance Arrangement (MRA). ARTICLE 4.11 Border Agency Cooperation Each Party shall ensure that its authorities and agencies responsible for border controls and procedures dealing with the importation, exportation, and transit of goods cooperate with one another and coordinate their activities in order to facilitate trade pursuant to this Chapter. ARTICLE 4.12 Expedited Shipments 1. In accordance with its TF A commitments, each Party shall adopt or maintain expedited customs procedures for goods entered through air cargo facilities while maintaining appropriate customs control and selection. These procedures shall: (a) provide for information necessary to release an express shipment to be submitted and processed before the shipment arrives; 4-5
(b) allow a single submission of information covering all goods contained in an express shipment, such as a manifest through, if possible, electronic means; 1 ( c) to the extent possible, provide for the release of certain goods with a minimum of documentation; ( d) under normal circumstances, provide for express shipments to be released as soon as possible after submission of the necessary customs documents, provided the shipment has arrived; (e) apply to shipments of any weight or value recognising that a Party may require formal entry procedures as a condition for release, including declaration and supporting documentation and payment of customs duties, based on the good 's weight or value; and (f) provide that, under normal circumstances, no customs duties will be assessed on express shipments valued at or below a fixed amount set under the Party's law.2 ARTICLE 4. t3 Review and Appeal I. Each Party shall ensure that any person to whom it issues a determination on a customs matter has access to: (a) at least one level of administrative review of determinations by its customs authorities independent3 of either the official or office responsible for the decision under review; and (b) judicial review of decisions taken at the final level of administrative review. 2. Each Party shall ensure that its procedures for appeal and review are carried out in a non-discriminatory and timely manner. 3. Each Party shall ensure than an authority conducting a review or appeal under paragraph I notifies the person in writing of its detennination or decision in the review or appeal, and the reasons for the determination or decision. 1 Additional documents may be required as a condition for release. 2 Notwithstanding this Article, a Party may assess customs duties, or may require formal entry documents, for restricted or controlled goods, such as goods subject to import licensing or similar requirements. 3 The level of administrative review for the UAE may include the competent authority supervising the customs authorities. 4-6
ARTICLE 4.l4 Customs Cooperation I. With a view to further enhancing customs cooperation and exchange of information between the customs authorities to secure and facilitate lawful trade, each Party shall implement and comply with the obligations in the CMAA. 2. The Parties hall faci I itate initiatives for the exchange of information on best practices in relation to the implementation and management of customs procedures described in this Chapter. and in accordance with the CMAA. ARTICLE 4.15 Confidentiality I. Nothing in this Agreement shall be construed to require a Party to furnish or allow access to conlidential information. the disclosure of which would impede law enforcement. or otherwise be contrary to the public interest, or which would prejudice the legitimate commercial interests of particular enterprises, public or private. Any infonnation received under this Agreement shall be treated a confidential pursuant to the terms of the CMAA. 2. Each Party shall maintain, in accordance with its domestic laws, the confidentiality of infonnation obtained pursuant to this Chapter and shall protect that infonnation from disclosure that could prejudice the cornpetiti e position of the persons providing the infonnation. 4-7
CHAPTERS SANITARY AND PHYTOSANITARY MEASURES ARTICLE 5.1 Definitions I. The definitions in Annex A of the SPS Agreement are incorporated into this Chapter and shall form part of this Chapter, mutatis mutandis. 2. In addition, for the purposes of this Chapter: competent authority means a government body of each Party responsible for measures and matters referred to in this Chapter; emergency measure means a sanitary or phytosanitary measure that is applied by the importing Party to the other Party to address an urgent problem of human, animal or plant life or health protection that arises or threatens to arise in the Party applying the measure; and contact point means the governmental body of each Party that is responsible for the implementation of this Chapter and the coordination of that Party's participation in the Sub�committee's activities under Article 5.11 (Sub-committee on Sanitary and Phytosanitary Measures). ARTICLE 5.2 Objectives I. The objectives of this Chapter are to: c::::== (a) protect human, animal, or plant life or health in the territories of the Parties while facilitating trade between them; (b) reinforce the SPS Agreement; (c) strengthen communication, consultation, and cooperation between the Parties, and particularly between the Parties' competent authorities; (d) ensure that sanitary or phytosanitary measures implemented by a Party do not create unnecessary barriers to trade; (e) enhance transparency in, and understanding of, the application of each Party's sanitary and phytosanitary measures; and (f) encourage the development and adoption of science-based international standards, guidelines, and recommendations, and promote their implementation by the Parties. 5-1 -,..,.,
ARTICLE 5.3 Scope I. This Chapter shall apply to all sanitary and phytosanitary measures ofa Party that may, directly or indirectly, affect trade between the Parties. 2. Nothing in this Chapter shall prevent a Party from adopting or maintaining halal requirements for food and food products in accordance with Islamic law. ARTICLE 5.4 General Provisions I. The Parties affirm their rights and obligations under the SPS Agreement. 2. Nothing in this Agreement shall limit the rights and obligations that each Party has under the SPS Agreement. 3. No Party shall have recourse to dispute settlement under Chapter 15 (Dispute Settlement) with respect to the obligations described in this Chapter. ARTICLE 5.5 Equivalence 1. The Parties recognise that the principle of equivalence, as provided for under Article 4 of the SPS Agreement, has mutual benefits for both exporting and importing countries. 2. The Parties shall follow the procedures for determining the equivalence of SPS measures and standards developed by the WTO SPS Committee and relevant international standard setting bodies in accordance with Annex A of the SPS Agreement, mutatis mutandis. 3. Compliance by an exported product with a technical regulation or standard of the exporting Party that has been accepted as equivalent to SPS measures and standards of the importing Party shall not remove the need for that product to comply with any other relevant mandatory requirements of the importing Party. ARTICLE 5.6 Risk Assessment I. Parties shall ensure that any SPS measure is applied only to the extent necessary to protect human, animal or plant life or health, is based on scientific principles, and is not maintained without sufficient scientific evidence. 2. Notwithstanding paragraph I, where relevant scientific evidence is insufficient, a Member may provisionally adopt SPS measures on the basis of available pertinent information, including that from relevant international organisations as well as from SPS measures applied by other Members. In such circumstances, the importing Party shall seek to obtain the additional information necessary for a more objective assessment of risk and review the SPS measure within a reasonable period of time. 5-2
ARTICLE 5.7 Emergency Measures I. If a Party adopts an emergency measure that is necessary for the protection of human, animal or plant life or health, the Party shall promptly notify the other Party of that measure through the relevant contact points and competent authorities referred to in Article 5.10 (Competent Authorities and Contact Points). The importing Party shall take into consideration any information provided by the other Party in response to the notification. Emergency measures may be notified immediately after they come into effect, with an explanation of the reasons for resorting to emergency action. 2. The process of adoption and notification of emergency measures shall be conducted in full compliance with the SPS Agreement and the guidelines adopted by the WTO SPS Committee. 3. If a Party adopts an emergency measure, it shall review the scientific basis of that measure within six months and make available the results of the review to the other Party on request. If the emergency measure is maintained after the review, because the reason for its adoption remains, the Party should review the measure periodically. ARTICLE 5.8 Transparency I. The Parties recognise the value of transparency in the adoption and application of sanitary and phytosanitary measures and the importance of sharing information about such measures on an ongoing basis. 2. In implementing this Article, each Party should take into account relevant guidance of the WTO SPS Committee and international standards, guidelines and recommendations. 3. Each Party agrees to notify a proposed sanitary or phytosanitary measure that may have an effect on the trade of the other Party, including any that conforms to international standards, guidelines or recommendations, by using the WTO SPS notification submission system as a means of notification. 4. Unless urgent problems of human, animal or plant life or health protection arise or threaten to arise, or the measure is of a trade-facilitating nature, the Party proposing a sanitary or phytosanitary measure other than proposed legislation shall normally allow at least 60 days for the other Party to provide written comments on the proposed measure, after it makes a notification under paragraph 3. If feasible and appropriate, the Party proposing the measure should allow more than 60 days. The Party shall consider any reasonable request from the other Party to extend the comment period. On request of the other Party, the Party proposing the measure shall respond to the written comments of the other Party in an appropriate manner. 5. A Party that proposes to adopt a sanitary or phytosanitary measure shall discuss with the other Party, on request and if appropriate and feasible, any scientific or trade concerns that the other Party may raise regarding the proposed measure and the 5-3
availability of alternative, less trade-restrictive approaches for achieving the objective of the measure. 6. The Parties shall encourage the publication, by electronic means in an official journal or on a website, of the proposed sanitary or phytosanitary measure notified under paragraph 3 and the legal basis for the measure, and the written comments or a summary of the written comments that the Party has received from the public on the measure. 7. Each Party shall notify the other Party of final sanitary or phytosanitary measures through the WTO SPS notification submission system. Each Party shall ensure that the text of the notice of a final sanitary or phytosanitary measure specifies the date on which the measure takes effect and the legal basis for the measure. Each Party shall publish, preferably by electronic means, notices of final sanitary or phytosanitary measures in an official journal or website. 8. The exporting Party shall notify the importing Party through the contact points referred to in Article 5. 10 (Competent Authorities and Contact Points) in a timely and appropriate manner: (a) if it has knowledge of a significant sanitary or phytosanitary risk related to the export of a good from its territory; (b) of urgent situations where a change in animal or plant health status in the territory of the exporting Party may affect current trade; (c) of significant changes in the status of a regionalised pest or disease; (d) of new scientific findings of importance which affect the regulatory response with respect to food safety, pests or diseases; and (e) of significant changes in food safety, pest or disease management, control or eradication policies or practices that may affect current trade. 9. Each Party shall provide to the other Party, on request, all sanitary or phytosanitary measures related to the importation ofa good into that Party's territory. ARTICLE 5.9 Cooperation I . The Parties shall explore opportunities for further cooperation, collaboration and information exchange between them on sanitary and phytosanitary matters of mutual interest, consistent with this Chapter. Those opportunities may include trade facilitation initiatives and technical assistance. The Parties shall cooperate to facilitate the implementation of this Chapter. 2. The Parties shall cooperate and may jointly identify work on sanitary and phytosanitary matters with the goal of eliminating unnecessary obstacles to trade between them. 5-4
3. If there is mutual interest and with the objective of establishing a common scientific foundation for each Party's regulatory approach, the competent authorities of the Parties are encouraged to: (a) share best practices; and (b) cooperate on joint scientific data collection. ARTICLE 5.10 Competent Authorities and Contact Points I. To facilitate communication on matters covered by this Chapter, each Party shall notify the other Party of its competent authority and contact point within 30 days from the entry into force of this Agreement. 2. Each Party shall promptly inform the other Party of any change in competent authority or in its contact point. ARTICLE 5.11 Sub-committee on Sanitary and Phytosanitary Measures I. For the purposes of the effective implementation and operation of this Chapter, the Parties hereby establish a Sub-committee on Sanitary and Phytosanitary Measures (Sub-committee on SPS Measures), composed of government representatives of each Party responsible for sanitary and phytosanitary matters. The Sub-committee on SPS Measures shall work subject to the direction of the Joint Committee. 2. The objectives of the Sub-committee on SPS Measures are to: (a) enhance each Party's implementation of this Chapter; (b) consider sanitary and phytosanitary matters of mutual interest; and (c) enhance communication and cooperation on sanitary and phytosanitary matters. 3. The Sub-committee on SPS Measures is intended to serve as a forum to: (a) improve the Parties' understanding of sanitary and phytosanitary issues that relate to the implementation of the SPS Agreement and this Chapter; (b) enhance mutual understanding of each Party's sanitary and phytosanitary measures and the regulatory processes that relate to those measures; (c) exchange information on the implementation ofthis Chapter; and (d) share information on any sanitary or phytosanitary issue that has arisen between them. 5-5
4. The Sub-committee on SPS Measures shall establish its terms of reference at its first meeting and may revise those terms as needed, and shall thereafter meet as needed at its own discretion or at the direction of the Joint Committee. 5. If a Party considers that there is a disruption to trade on sanitary and phytosanitary grounds, it may request technical consultations through the Sub-committee on SPS Measures on an urgent basis with a view to facilitating trade. On receiving a request under this paragraph, the other Party shall endeavour to provide any requested information and respond to questions pertaining to the matter, and if requested, enter into consultations within a reasonable period of time after receiving such a request. The Parties shall make every effort to reach a mutually satisfactory resolution through consultations within a period of time agreed upon by the Parties. 5-6 CJ+
CHAPTER6 TECHNICAL BARRIERS TO TRADE ARTICLE 6.1 Definitions For the purposes of this Chapter the definitions shall be those contained in Annex l of the TBT Agreement. ARTICLE 6.2 Objectives The objective of this Chapter is to facilitate trade in goods, including by eliminating unnecessary technical barriers to trade, enhancing transparency, and promoting greater regulatory cooperation and good regulatory practices. ARTICLE6.3 Scope 1. This Chapter shall apply to standards, technical regulations, and confonnity assessment procedures that may affect trade in goods between the Parties. 2. Notwithstanding paragraph I, this Chapter shall not apply to: (a) Purchasing specifications prepared by a governmental body for its production or consumption requirements which are covered by Chapter 12 (Government Procurement); or (b) sanitary or phytosanitary measures which are covered by Chapter 5 (Sanitary and Phytosanitary Measures). ARTICLE6.4 Affirmation of the TBT Agreement The Parties affinn their existing rights and obligations with respect to each other under the TBT Agreement. ARTICLE 6.S Standards I . Each Party shall use relevant international standards, guides, and recommendations, to the extent provided in Articles 2.4 and 5.4 of the TBT Agreement, as a basis for its technical regulations and confonnity assessment procedures. 2. For the purpose of applying this Chapter, standards issued by international organisations, including among others the International Organization for Standardization (ISO), the International Electrotechnical Commission (!EC), the International Telecommunication Union (ITU) and the Codex Alimentarius 6-1 [;/)-
Commission (CAC) shall be considered relevant international standards in the sense of Article 2.4 of the TBT Agreement.1 3. The Parties shall encourage cooperation between their respective national standardising organisations in areas of mutual interest, in the context of their participation in international standardising bodies, to ensure that international standards developed within such organisations are trade facilitating and do not create unnecessary obstacles to international trade. ARTICLE 6.6 Technical Regulations I. The Parties shall use international standards or the relevant parts of them as a basis for preparing their technical regulations, unless those international standards or relevant parts are ineffective or inappropriate for achieving the legitimate objective pursued. Each Party shall, upon request of the other Party, provide its reasons for not having used international standards or the relevant parts of them as a basis for preparing its technical regulations. 2. The Parties shall strengthen communications and coordination with each other, where appropriate, in the context of discussions of arrangements on the equivalence of technical regulations and related issues in international fora, such as the WTO Committee on Technical Barriers to Trade. ARTICLE6.7 Conformity Assessment Procedures I. The Parties recognise that, depending on the specific sectors involved, a broad range of mechanisms exists to facilitate the acceptance of the results of conformity assessment procedures. Such mechanisms may include: (a) recognising existing international multilateral recogmt10n agreements and arrangements among conformity assessment bodies; (b) promoting mutual recognition of conformity assessment results by the other Party, through recognising the other Party's designation of conformity assessment bodies; (c) encouraging voluntary arrangements between conformity assessment bodies; ( d) other mechanisms as mutually agreed by the Parties. 2. Each Party, with a view to increasing efficiency of the conformity assessment, shall seek upon request to enhance the acceptance of the results of conformity assessment 1 For greater certainty, for the purposes of this Article, the Parties confirm their understanding of the applicability of the �'Decision of the Committee on Principles for the Development of International Standards, Guides and Recommendations with relation to Articles 2, 5 and Annex 3 of the Agreement", adopted on 13 November 2000 by the WTO Committee on Technical Barriers to Trade (Annex 2 to PART I of GffBT/l/Rev.15), and any subsequent version thereof. 6-2
c;;. procedures, conducted by the relevant accredited and/or authorised conformity assessment bodies in the territory of the other Party, through a separate mutual recognition agreement. 3. The Parties agree, upon request, to exchange information on conformity assessment procedures, including testing, inspection, certification and accreditation. 4. The Parties shall endeavour to intensify their exchange of information on acceptance mechanisms with a view to facilitating the acceptance of conformity assessment results. ARTICLE 6.8 Cooperation I. The Parties shall consider the possibilities to strengthen their cooperation in the field of standards, technical regulations, and conformity assessment procedures with a view to: (a) increasing the mutual understanding of their respective systems; (b) enhancing cooperation between the Parties' regulatory agencies on matters of mutual interests including health, safety and environmental protection; (c) facilitating trade by implementing good regulatory practices; and (d) enhancing cooperation, as appropriate, to ensure that technical regulations and conformity assessment procedures are based on international standards or the relevant parts of them and do not create unnecessary obstacles to trade between the Parties. 2. In order to achieve the objectives set out in paragraph I, the Parties shall, as mutually agreed and to the extent possible, co-operate on regulatory issues, which may include the: (a) promotion of good regulatory practices based on risk management principles; (b) exchange of information with a view to improving the quality and effectiveness of their technical regulations; (c) development of joint initiatives for managing risks to health, safety, or the environment, and preventing deceptive practices; and (d) exchange of market surveillance information where appropriate. 3. The Parties shall encourage cooperation between their respective organisations responsible for standardisation, conformity assessment, accreditation, and metrology, with the view to facilitating trade and avoiding unnecessary obstacles to trade between the Parties. 6-3
ARTICLE 6.9 Transparency I. Each Party shall, upon request of the other Party, provide information, including the objective of, and rationale for, a technical regulation or conformity assessment procedure which the Party has adopted or proposes to adopt and that may affect trade between the Parties, within a reasonable period of time as agreed between the Parties. 2. When a proposed technical regulation is submitted for public consultation or notified to the WTO, a Party shall give appropriate consideration to the comments received from the other Party, and, upon request of the other Party, provide written answers to the comments made by the other Party. 3. The Parties shall endeavour to ensure that all adopted technical regulations and conformity assessment procedures are publicly available. ARTICLE 6.10 lnformation Exchange and Technical Discussions I. Any information or explanation that a Party provides upon request of the other Party pursuant to this Chapter shall be provided in print or electronically within a reasonable period of time. Each Party shall endeavour to respond to such a request within 60 days. 2. All communication between the Parties on any matter covered by this Chapter shall be conducted through the contact points designated under Article 6.11 (Contact Points). 3. On request of a Party for technical discussions on any matter arising under this Chapter, the Parties shall endeavour, to the extent practicable, to enter into technical discussions by notifying the contact points designated under Article 6.11 (Contact Points). ARTICLE 6.11 Contact Points 1. For the purposes of this Chapter, the contact points are: (a) For Georgia: the Ministry Economy and Sustainable Development, Foreign Trade Policy Department or its successor; and (b) For the UAE: the Standards and Regulation Sector of the Ministry of Industry and Advanced Technology, or its successor. 2. Each Party shall promptly notify the other Party of any change of its contact point. 6-4
'--General CHAPTER 7 TRADE REMEDIES ARTICLE 7.1 Anti-Dumping and Countervailing Measures I. The Parties recognise the right to apply measures consistent with Article VI of the GA TT 1994, the Anti-Dumping Agreement, and the SCM Agreement, and the importance of promoting transparency in anti-dumping and countervailing duty proceedings and of ensuring the opportunity of all interested parties to participate meaningfully in such proceedings. 2. Except for paragraph 4 no provision of this Agreement shall be construed to impose any rights or obligations on a Party with respect to anti-dumping or countervailing duty measures. 3. Neither Party may have recourse to dispute settlement under this Agreement for any matter arising under this Article.1 Practices Relating to Anti-dumping and Countervailing Duty Proceedings 4. The Parties recognise the following practices as promoting the goals of transparency and due process in anti-dumping and countervailing duty proceedings: (a) upon receipt by a Party's investigating authorities of a properly documented anti-dumping or countervailing duty application with respect to imports from another Party the Party provides written notification of its receipt of the application to the other Party; (b) as soon as possible after a Party accepts a countervailing application and in any event before the Party initiates an investigation, the Party shall invite the Party the products of which are subject to the application for consultations with the aim of clarifying the situation as to the matters referred to in the application and arriving at a mutually agreed solution; (c) without prejudice to the obligation to afford reasonable opportunity for consultation, these provisions regarding consultations are not intended to prevent the authorities of a Party from proceeding expeditiously with regard to initiating the investigation, reaching preliminary or final determinations, whether affirmative or negative, or from applying provisional or final measures, in accordance with its national laws; 1 Although recourse to dispute settlement is not available with respect to paragraph 4, the Parties reaffirm that this paragraph create binding rights and obligations. 7-1
(d) in any proceeding in which the investigating authorities determine to conduct an in-person verification of information that is provided by a respondent, 2 and that is pertinent to the calculation of anti-dumping duty margins or the level of a countervailable subsidy, the investigating authorities promptly notify each respondent of their intent, and: (i) provide to each respondent advance notice of the dates on which the authorities intend to conduct an in-person verification of the information; and (ii) prior to an in-person verification, provide to the respondent a document that sets out the topics the respondent should be prepared to address during the verification and that describes the types of supporting documentation to be made available for review. This does not preclude the investigation authorities to request further details in the light of information obtained on the spot; (e) if, in an anti-dumping or countervailing duty action that involves imports from another Party, a Party's investigating authorities determine that a timely response to a request for information does not comply with the request, the investigating authorities shall inform the interested party that submitted the response of the nature of the deficiency and, to the extent practicable in light of time limits established to complete the anti-dumping or countervailing duty action, provide that interested party with an opportunity to remedy or explain the deficiency. If that interested party submits further information in response to that deficiency and the investigating authorities find that the response is not satisfactory, or that the response is not submitted within the applicable time limits, and if the investigating authorities disregard all or part of the original and subsequent responses, the investigating authorities shall explain in the determination or other written document the reasons for disregarding the information; (f) before a final determination is made, the investigating authorities inform Parties participating in the investigation of the essential facts that form the basis of the decision whether to apply definitive measures. Subject to the protection of confidential information, the investigating authorities may use any reasonable means to disclose the essential facts. Such disclosure shall be made in writing, and should take place in sufficient time for interested parties to defend their interests; (g) the disclosure of the essential facts shall contain in particular; (i) in the case of an anti-dumping investigation, the margins of dumping established, a sufficiently detailed explanation of the basis and methodology upon which normal values and export prices were 2 For the purposes of this paragraph, ��respondent'� means a producer, manufacturer, exporter, importer and. where appropriate, a government or government entity, that is required by a Party's investigating authorities to respond to an anti-dumping or countervailing duty questionnaire. 7-2
established and of the methodology used in the comparison of the normal values and export prices including any adjustments; (ii) in the case of a countervailing duty investigation, the determination of countervailable subsidisation, including sufficient details on the calculation of the amount and methodology followed to determine the existence of subsidisation; and (iii) information relevant to the determination of injury, including information concerning the volume of the dumped or subsidised imports and the effect of the dumped or subsidised imports on prices in the domestic market for like goods, the detailed methodology used in the calculation of price undercutting, the consequent impact of the dumped or subsidised imports on the domestic industry and the demonstration of a causal relationship including the examination of factors other than the dumped or subsidised imports. ARTICLE 7.2 Global Safeguard Measures Each Party retains its rights and obligations under Article XIX of GA TT 1994 and the WTO Safeguards Agreement. This Agreement does not confer any additional rights or obligations on the Parties with regard to actions taken under Article XIX of GA TT 1994 and the Safeguards Agreement, except that a Party taking a global safeguard measure may exclude imports of an originating good of the other Party if such imports are not a substantial cause3 of serious injury or threat thereof.4 ARTICLE 7.3 Cooperation in Trade Remedies Investigations I . The Parties shall endeavour to encourage cooperation on trade remedies between the relevant agencies of each Party who have responsibility for trade remedies matters. 2. The purpose of this cooperation shall be, to the extent possible: ( a) enhance each Party's knowledge and understanding of the other Party's trade remedy laws, policies and practices; (b) exchange information on issues relating to anti-dumping, subsidies and countervailing measures; 3 For purposes of this Article, "substantial cause" means a cause that is important and not less than any other cause. 4 For clarity, with respect to the UAE, this Article applies to global safeguard measures conducted by the Ministry of Economy under its authority pursuant to Articles 2, 3, 4 and 8 (2) of Federal Law No. (I) of2017 on Anti-dumping, Countervailing and Safeguard Measures. 7-3 c:===-
(c) development of educational programs related to the administration of trade remedy laws; (d) enhance the Parties' knowledge and understanding of anti-circumvention in the implementation of anti-dumping and countervailing measures; and (e) discuss other relevant topics of mutual interest agreed between the Parties. 3. The relevant agencies of each Party who have the responsibility for trade remedy matters under this Chapter shall be the following: (a) for Georgia, the National Competition Agency or its successor; and (b) for the UAE, the Ministry of Economy or its successor. 7-4
For the purposes of this Chapter: CHAPTERS TRADE IN SERVICES ARTICLE 8.1 Definitions Aircraft repair and maintenance services mean such act1Y1t1es when undertaken on an aircraft or a part thereof while it is withdrawn from service and do not include so-called line maintenance; Commercial presence means any type of business or professional establishment through: (a) the constitution, acquisition or maintenance ofajuridical person, or (b) the creation or maintenance of a branch or representative office within the territory of a Party for the purpose of supplying a service; Compoter reservation system services mean services provided by computerised systems that contain information about air carriers' schedules, availability, fares and fare rules, through which reservations can be made or tickets may be issued; Juridical person means any legal entity duly constituted or otherwise organised under applicable law, whether for profit or otherwise, and whether privately-owned or governmentally-owned, including any corporation, trust/fund, partnership, joint venture, sole proprietorship or association; Juridical person of the other Party means a juridical person which is either: (a) constituted or otherwise organised under the law of that other Party, and is engaged in substantive business operations in the territory of: (i) that Party; or (ii) any Member of the WTO and is owned or controlled by natural persons of that other Party or by juiidical persons that meet all the conditions of subparagraph (a)(i); or (b) in the case of the supply of a service through commercial presence, owned or controlled by: (i) natural persons of that Party; or (ii) juridical persons of that other Party identified under subparagraph (a); A juridical person is: (a) "owned" by persons ofa Party if more than 50 percent of the equity interest in it is beneficially owned by persons of that Party; 8-1
(b) "'controlled'' by persons of a Party if such persons have the power to name a majority of its directors or otherwise to legally direct its actions; or (c) "affiliated" with another person when it controls, or is controlled by, that other person; or when it and the other person are both controlled by the same person; Measure means any measure by a Party, whether in the form of a law, regulation, rule, procedure, decision, administrative action, or any other form; Measures by a Party means measures taken by: (a) central, regional or local governments and authorities; and (b) non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities; In fulfilling its obligations and commitments under the Agreement, each Party shall take such reasonable measures as may be available to it to ensure their observance by regional and local governments and authorities and non-governmental bodies within its territory; Measures by a Party affecting trade in services include measures in respect of: (a) the purchase, payment or use of a service; (b) the access to and use of, in connection with the supply of a service, services which are required by a Party to be offered to the public generally; and (c) the presence, including commercial presence, of persons of a Party for the supply of a service in the territory of the other Party; Monopoly supplier of a service means any person, public or private, which in the relevant market of the territory of a Party is authorised or established formally or in effect by that Party as the sole supplier of that service; Natural person of the other Party means a national or a permanent resident1 of the UAE or Georgia; Person means either a natural person or a juridical person; Sector of a service means: (a) with reference to a specific commitment, one or more, or all, subsectors of that service, as specified in a Party's Schedule; or (b) otherwise, the whole of that service sector, including all of its subsectors; 1 For the purposes of the UAE, the term '�permanent resident"' shall mean any natural person who is in possession ofa valid residency permit under the laws and regulations of the UAE 8-2 c==
Selling and marketing of air transport services mean opportunities for the air carrier concerned to sell and market freely its air transport services including all aspects of marketing such as market research, advertising and distribution. These activities do not include the pricing of air transport services nor the applicable conditions; Services include any service in any sector except services supplied in the exercise of governmental authority; Service consumer means any person that receives or uses a service; Service of the other Party means a service which is supplied: (a) from or in the territory of that other Party, or in the case of maritime transport, by a vessel registered under the laws of that other Party, or by a person of that other Party which supplies the service through the operation of a vessel and/or its use in whole or in part; or ? (b) in the case of the supply of a service through commercial presence or through the presence of natural persons, by a service supplier of that other Party; A service supplied in the exercise of governmental authority means any service which is supplied neither on a commercial basis, n0r in competition with one or more service suppliers; Service supplier of a Party means any natural or juridical person of a Party that seeks to supply or supplies a service? Supply of a service includes the production, distribution, marketing, sale, and delivery of a service; Trade in services is defined as the supply of a service: ( a) from the territory of a Party into the territory of the other Party; (b) in the territory ofa Party to the service consumer ofthe other Party; (c) by a service supplier ofa Party, through commercial presence in the territory of the other Party; and ( d) by a service supplier of a Party, through presence of natural persons of a Party in the territory of the other Party; Traffic rights mean the right for scheduled and non-scheduled services to operate and/or to carry passengers, cargo and mail for remuneration or hire from, to, within, or over the territory of a Party, including points to be served, routes to be operated, types of traffic to be carried, 1 Where the service is not supplied directly by a juridical person but through other forms of commercial presence such as a branch or a representative office, the service supplier (i.e. the juridical person) shall, nonetheless, through such presence be accorded the treatment provided for service suppliers under the Agreement. Such treatment shall be e:-..1:ended to the prese!lce through which the service is supplied and need not be extended to any other parts of the supplier located outside the territory where the service is supplied. 8-3
capacity to be provided, tariffs to be charged and their conditions, and criteria for designation of airlines, including such criteria as number, ownership, and control. ARTICLE8.2 Scope and Coverage 1. This Chapter applies to measures adopted or maintained by Parties affecting trade in services. 2. This Chapter shall not apply to: (a) laws, regulations, or requirements governing the procurement by government agencies of services purchased for governmental purposes and not with a view to commercial resale or with a view to use in the supply of services for commercial sale; (b) services supplied in the exercise of governmental authority; (c) subsidies or grants provided by a Party, including government-supported loans, guarantees, and insurance; and (d) measures affecting natural persons of a Party seeking access to the employment market of the other Party, or measures regarding citizenship, residence or employment on a pennanent basis. Nothing in this Chapter or its Annexes shall prevent a Party from applying measures to regulate the entry of natural persons into, or their temporary stay in, its territory, including those measures necessary to protect the integrity of, and to ensure the orderly movement of natural persons across, its borders, provided that such measures are not applied in such a manner as to nullify or impair the benefits accruing to any Party under the terms of a specific commitment. 3 (e) measures affecting air traffic rights or measures affecting services directly related to the exercise of air traffic rights, other than measures affecting: (i) aircraft repair and maintenance services; (ii) the selling and marketing ofair transport services; or (iii) computer reservation system services. 3 The sole fact of requiring a visa for natural persons of certain country and not for those of others shall not be regarded as nullifying or impairing benefits under a specific commitment. 8-4 a11-\..-
ARTICLE 8.3 Schedules of Specific Commitments 1. Each Pa1ty shall set out in a schedule, called its Schedule of Specific Commitments, the pecitic commitments it undertakes in accordance with Articles 8.5 (Market Access), 8.6 (National Treatment). and 8.7 (Additional Commitments). 2. With respect to sectors where such commitments are undertaken, each Schedule of Specific Commitments shall specify: (a) terms, limitations and conditions on market access; (b) conditions and qualifications on national treatment; (c) undertakings relating to additional commitments; (d) where appropriate, the time-frame for implementation of such commitments; and ( e) the date of entry into force of such commitments. 3. Measures inconsistent with both Articles 8.5 (Market Aceess) and 8.6 (National Treatment) shall be inscribed in the column relating to Article 8.5 (Market Access). In this cas the inscription will be considered to provide a condition or qualification to Article 8.6 (National Treatment) as well. 4. The Parties' Schedules of Specific Commitments are set forth in Annex SA and 88 (Schedules of Specific Commitments). ARTICLE8.4 Most-Favoured Nation Treatment I . Except as provided for in its List of MFN Exemptions contained in Annex 8C and 8D (MFN Exemptions), a Patty shall accord immediately and unconditionally, in respect of all measures affecting the supply of services, to services and service suppliers of the other Party treatment no less favourable than that it accords to like services and service suppliers of any non-Party. 2. The obligations of paragraph 1 shall not apply to: (a) Treatment granted under other existing or future agreements concluded by one of the Parties and notified under Article V or V bis of the GA TS, as well as treatment granted in accordance with Article VII of the GA TS or prudential measures in accordance with the GA TS Annex on Financial Services; (b) Treatment granted by the UAE to services and service suppliers of the GCC Member States under the GCC Economic Agreement and treatment granted by the UAE under the Greater Arab Free Trade Area (GAFT A); or 8-5
(c) Treatment granted by Georgia to services and service suppliers of the European Union Member tates under the Association Agreement between the European Union and the European Atomic Enetgy Community and their Member tate of the one part, and Georgia, of the oLher part. 3. The rights and obligations of the Parties in respect of advantages accorded to adjacent countries shall be governed by paragraph 3 of A1ticle II of the GATS, which is hereby incorporated into and made part of this Agreement. 4. If, after the entry into force of this Agreement, a Party enters into any agreement on trade in services with a non-pa1ty, it shall negotiate. upon request by the other Party, the incorporation into this Agreement of a treatment no !es favourable than that provided under the agreement with the non-Party. The Parties shall take into consideration the circumstances under which a Party enters into any agreement on trade in services with a non-Party. ARTICLE 8.5 Market Access I. With respect ,to market access through the modes of SLtpply identified in the detinition of ��trade in services' contained in Article 8. l (Definitions) each Party shall accord services and servic suppliers of the other l'arty treatment no less favourable than that provided for under the terms, limitations and conditions agreed and specified in its SchedLtle of Specific Commitments.4 2. In sectors where market access commitments are undertaken. the measures which a Party shall not maintain or adopt, either on the basis ofa regional subdivision or on the basis of its entire territor , unless otherwise specified in its chedule of Specific Commitments, are defined as: (a) limitations on the number of service suppliers whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirements of an economic needs test; (b) limitations on the total value of service transactions or assets in the form of numerical quotas or the requirement of an economic needs test; (c) limitations on the total number of service operations or on the total quantity of service output e �pressed in terms of designated numerical units in the form of quotas or the requi1�ement of an economic needs test;5 4 If a Party undertakes a market-access commitment in relation to the supply of a service through the mode of supply referred to in referred to in the definition of "trade in services" contained in Article 8.1 (Definitions) and if the cro s-border mo ement of capital is an essential part of the service itself, that Party is thereby committed to allow such 1110 ement of capital. If a Party undertakes a market-access commitment in relation to the $upply or a service through the mode of' supply referred to in the definition of "trade in services" paragraph (iii) contained in Article 8.1 (Definitions), it is thereby committed to allow related transfers of capital into its territory. 5 Subparagraph 2(c) does not cover measures ofa Party which limit inputs for the supply of services. 8-6 Git
(d) limitations on the total number of natural persons that may be employed in a particular service sector or that a service supplier may employ and who are necessary for, and directly related to, the supply of a specific service in the form of numerical quotas or the requirement of an economic needs test; (e) measures which restrict or require specific types oflegal entity or joint venture through which a service supplier may supply a service; and (t) limitations on the participation of foreign capital in terms of maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. ARTICLE 8.6 National Treatment I. With respect to the services sectors inscribed in its Schedule of Specific Commitments, and subject to any conditions and qualifications set out therein, each Party shall accord to services and service suppliers of the other Party, in respect of all measures affecting the supply of services, treatment no less favourable than that it accords to its own like services and service suppliers.6 2. A Party may meet the requirement in paragraph I by according to services and service suppliers of the other Party either formally identical treatment or formally different treatment to that it accords to its own like services and service suppliers. 3. Formally identical or formally different treatment by a Party shall be considered to be less favourable if it modifies the conditions of competition in favour of services or service suppliers of that Party compared to the like service or service suppliers of the other Party. ARTICLE 8,7 Additional Commitments The Parties may negotiate commitments with respect to measures affecting trade in services not subject to scheduling under Articles 8.5 (Market Access) and 8.6 (National Treatment), including those regarding qualification, standards or licensing matters. Such commitments shall be inscribed in that Party's Schedule of Specific Commitments. ARTICLE8.8 Modification of Schedules Upon written request by a Party, the Parties shall hold consultations to consider any modification or withdrawal of a specific commitment in the requesting Party's Schedule of Specific Commitments. The consultations shall be held within three months after the requesting Party made its request. In the consultations, the Parties shall aim to ensure that a general level 6 Specific commitments assumed under this Article shall not be construed to require either Party to compensate for any inherent competitive disadvantages which result from the foreign character of the relevant services or service suppliers. 8-7 OIi
of mutually advantageous commitments no less favourable to trade than that provided for in the Schedule of Specific Commitments prior to such consultations is maintained. Modifications of Schedules are subject to any procedures adopted by the Joint Committee established in Chapter 17 (Administration of the Agreement). ARTICLE 8.9 Domestic Regulation I . ln sectors where specific commitments are undertaken, each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner. 2. (a) Each Party shall maintain or institute as soon a practicable judicial, arbitral or administrative tribunals or procedures which provide, on request ofan affected service supplier, for -the prompt review of and where justified, appropriate remedies for, administrative decisions affecting trade in services. Where such procedures are not independent of the agency entrusted with the administrative decision concerned. the Party shall ensure that the procedures in fact provide for an objective and impartial review. (b) The provisions of subparagraph ( a) shall not be construed to require a Party to institute such tribunals or. procedures where this would be inconsistent with its constitutional structure or the nature of its legal system. 3. Where authorisation is required for the supply of a service on which a specific commitment under this Agreement has been made, the competent authorities of each Party shall: (a) within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application-(b) in the case of an incomplete application. on request of the applicant, identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timef.rame; and (c) on request of the applicant, provide without undue delay information concerning the status of the application. 4. With a view to ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements do not constitute unnecessary barriers to trade in services, in sectors where specific commitments are undertaken, the Parties shall aim to ensure that such requirements are: (a) based on objective and transparent criteria, such as competence and the ability to supply the service; 8-8 "---t:=i,..;=--Cit
(b) not more burdensome than necessary to ensure the quality of the service; and (c) in the case oflicensing procedures, not in themselves a restriction on the supply of the service. 5. In determining whether a Party is in conformity with the obligation under paragraph 4, account shall be taken of international standards of relevant international organisations applied by that Party. 7 6. In sectors where specific commitments regarding professional services are undertaken, each Party shall provide for adequate procedures to verify the competence of professionals of the other Party. 7. Upon mutual consent, the Parties shall jointly review the results of the negotiations on disciplines on domestic regulation, pursuant to Article VI.4 of the GA TS, with a view to incorporating them into this Chapter. ARTICLE 8.10 Recognition I. For the purposes of the fulfilment, in whole or in part, of its standards or criteria for the authorisation, licensing or certification of service suppliers, and subject to paragraph 3, a Party may recognise, or encourage its relevant competent bodies to recognise, the education or experience �obtained, requirements met, or licences or certifications granted in the other Party.? Such recognition, which may be achieved through harmonisation or otherwise�, may be based upon an agreement or arrangement between the Parties or their relevant competent bodies, or may be accorded autonomously. 2. Where a Party recognises, by agreement or arrangement, the education or experienc.:! obtained, requirements met, or licenses or certifications granted in the territory of a non-party, that Party shall afford the other Party adequate opportunity to negotiate its accession to such an agreement or arrangement, whether existing or future, or to negotiate a comparable agreement or arrangement with it. Where a Party accords recognition autonomously, it shall afford adequate opportunity for the other Party to demonstrate that the education, experience, licences or certifications obtained or requirements met in that other Party's territory should also be recognised. 3. A Party shall not accord recognition in a manner which would constitute a means of discrimination between the other Party and non-Parties in the application of its standards or criteria for the authorisation, licensing or certification of service suppliers, or a disguised restriction on trade in services. 4. The Parties agree to encourage, where possible, the relevant bodies in their respective territories responsible for issuance and recognition of professional and vocational 7 The term �'relevant international organisations" refers to international bodies whose membership is open to the relevant bodies of the Parties to this Agreement. 8-9
qualifications to strengthen cooperation and to explore possibilities for mutual recognition ofrespective professional and vocational qualifications. ARTICLE 8.11 Payments and Transfers I. Except under the circumstances envisaged in Article 8.14 (Restrictions to Safegnard the Balance-of-Payments), a Party shall not apply restrictions on international transfers and payments for current transactions relating to its specific commitments. 2. Nothing in this Chapter shall affect the rights and obligations of the Parties as members of the International Monetary Fund under the Alticles of Agreement of the Fund including the use of exchange actions which are in conformity with the Article of Agreement, provided that a Party shall not impose restrictions on any capital transaction inconsistently with its speci fie commitments regarding such trans�actions. except under Article 8.14 (Restrictions to Safeguard the Balance-of-Payments) or at the request ofth International Monetary Fund. ARTICLE 8.11 Monopolies and Exclusive Service Suppliers The rights and obligations of the Parties in respect of monopolies and exclusive service suppliers shall be governed by paragraphs I, 2, and 5, of Article VIII of the OATS, which are hereby incorporated into and made part of this Agreement, mutatis mutandis. ARTICLE8.U Business Practices The rights and obi igations of the Parties in respect of business practices shall be governed by Article IX of the GATS, which is hereby incorporated into and made part of this Agreement, mutatis mutandis. ARTICLE 8.14 Restrictions to Safeguard the Balance-of-Payments I. The Parties shall endeavour to avoid the imposition of restrictions to safeguard the balance of payments. 2. Where any of the Parties to this Agreement is in serious balance of payments difficulties, or under threat thereof, it may adopt or maintain restrictive measures with regard to trade in services, including on payments and transfers. 3. The rights and obligations of the Parties in respect of such restrictions hall be governed by paragraphs I to 3 of Article XII of the GA TS, which are hereby incorporated into and made part of this Agreement, mutatis mwandis. A Party adopting or maintaining such restrictions shall promptly notify the Joint Committee thereof. 8-10
ARTICLE 8.tS Denial of Benefits I. A Parry may deny the benefits of this Agreement to a service supplier that is a juridical person. if persons ofa non-Party own or control that juridical person and the denying Party: (a) does not maintain diplomatic relations with the non-Party and that non-Party is not a Member of the WTO; or (b) adopt or maintains measures with respect to the non-Party or a person of the non-Party that prohibit tran actions with the juridical per on or thai would be violated or circumvented if the benefits of this Agreement were accorded to the juridical person. 2. In the case of the supply ofa maritime transport service, ifit establishes that the service is supplied: (a) by a vessel registered under the laws of a non-Party; and (b) by a person which operates and/or uses the vessel in whole or in part but which is of a non-Party. ARTICLE 8.16 Review With the objective of further liberalising trade in services between them, the Parties agree to jointly review, their Schedules of Specific Commitments, and their Lists of MFN Exemptions, taking into account any services liberalisation developments as a result of on-going work under the auspices of the WTO. The first such review shall take place no later than three years from the entry into force of this Agreement. ARTICLE 8.17 Annexes l. The following Annexes form part of this Chapter: (a) Annex SA and 8B (Schedules of Specific Commitments) (b) Annex SC and 8D (MFN Exemptions) (c) Annex SE (Financial Services) (d) Annex SF (Telecommunication Services) (e) Annex 80 (Transport Services) 8-11
ANNEX 8E FINANCIAL SERVICES ARTICLE 1.1 Scope and Definitions I. This Annex applies to measures by Parties affecting trade in financial services. 2. For the purposes of this Annex: Financial institution means any financial intermediary or other enterprise that is authorised to do business and is regulated or supervis~d as a financial institution, under the law of the Party in whose territory it is located; Financial servke means any service o[ a financial nature offered by a financial service supplier of a Party. Financial services include all insurance and insurance-related services, and all banking and other financial services (excluding insurance). Financial services include the following activities: ,c::::;.::,----(a) insurance and insurance-related services: (i) direct insurance (including co-insurance): (A) life; and (B) non-life; (ii) reinsurance and retrocession; (iii) insurance inter-mediation, such as brokerage and agency; and (iv) services auxiliary to insurance, such as consultancy, actuarial, risk assessment and claim settlement services; (b) banking and other financial services (excluding insurance): (i) acceptance of deposits and other repayable funds from the public; (ii) lending of all types, including consumer credit, mortgage credit, factoring and financing of commercial transaction; (iii) financial leasing; (iv) all payment and money transmission services, including credit, charge and debit cards, traveller's cheques and banker's drafts; (v) guarantees and commitments; (vi) trading for own account or for account of customers, whether on an exchange, in an over-the-counter market or otherwise, the following: 8-E-1 GA-
(A) money market instruments (including checks, bills, certificates of deposits); (8) foreign exchange; (C) derivative products including, but not limited to, futures and options; (D) exchange� rate and interest rate instruments, including products such as swaps, forward rate agreements; (E) transferable securities; and (F) other negotiable i:1struments and financial assets, including bullion; (vii) participation in issues of all kinds of securities, including underwriting and placement as agent (whether publicly or privately) and provision of servic~s :-elated to such issues; (viii) money broking; (ix) asset management, such as cash or portfolio management, all forms of collective investml;!nt management, pension fund management, custodial, depository and trust services; (x) settlement and clearing services for financial assets, including securities, derivative products, and other negotiable instruments; (xi) provision and transfer of financial information, financial data processing and related software; and (xii) advisory, intermediation and other auxiliary financial services on all the activities listed in subparagraphs (i) through (xi) above, including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy; Financial service supplier means any natural or juridical person of a Party that seeks to supply or supplies financial services. The term "financial service supplier" does not include a public entity; New financial service means a service of a financial nature, including services related to existing and new products or the manner in which a product is delivered, that is not supplied by any financial service supplier in the territory ofa Party but which is supplied in the territory of the other Party; Public entity means: 8-E-2
(a) a government, a central bank or a monetary authority of a Party, or an entity owned or controlled by a Party, that is principally engaged in carrying out governmental functions or activities for governmental purposes, not including an entity principally engaged in supplying financial services on commercial terms; or (b) a private entity, performing functions normally performed by a central bank or monetary authority, when exercising those functions; Self-regulatory organisation� means any non-governmental body, including any securities or futures exchange or market, clearing agency or other organisation or association that exercises its own or delegated regulatory or supervisory authority over financial service suppliers; Services supplied in the exercise of governmental authority includes the following: (a) activities conducted cy a central bank or a monetary authority or by any other public entity in pursuit of monetary or exchange rate policies; (b) activities carried out. by a public aL1.thority to regulate operations related to capital market institutions, as well as the operations of trading in securities and commodities; (c) activities forming part of a statutory system of social security or public retirement plans; and (d) other activities conducted by a public entity for the account or with the guarantee or using the financial resources of the Government; For the purposes of the 'defi'nition of �'services", contained in this Annex, if a Party allows any of the activities, referred to in subparagraphs (c) or (d) above, to be conducted by its financial service suppliers in competition with a public entity or a financial service supplier, "services" shall includ~ such activities. ARTICLE2 Clearance and Payment Systems I. . Under terms and conditions that accord national treatment, each Party may grant to financial service suppliers of the other Party licensed/registered/authorised in its territory access to use of paylllent and clearing system operated by public entities and to liquidity management focilitie:, available in the normal course of ordinary business in accordance with the national l.:!gi lation and the applicable system rules. This paragraph is not intended to c.onfer access ro a Party s lender of last resort facilities. 2. Where membership or participation in, or access to. any elf-regulatory body. securiti.e or futures excbange or market, clearing agency or any other organisation or association, is required by a Pa1ty in order for financial service suppliers of the other Party to supply financial services on an equal basis with financial s.ervice suppliers of the Party; or when the Party provides directly or indirectly such entities. privileges or advantages in supplying financial services, the Party shall strive to ensure that such entities accord 8-E-3 .....,_________
national treatment to financial service suppliers of the other Party resident m its territory. ARTICLE3 Prudential Carve-Out I. Notwithstanding any other provisions of this Annex, a Party may adopt or maintain measures for supervision (including prudential) and oversight reasons including for: (a) the protection of investors, depositors. policy-holders. policy claimants, any other consumers/users/customers or persons to whom a fiduciary duty is owed by a financial service upplier. or any similar financial market participants: and '(b) ensuring the integrity and stability of a Party's financial system. 2. Measures referred to in paragraph 1 shall not be more burdensome than necessary to achieve their aim or constitute a disguised restriction on trade in services, and shall not discriminate against financial services or financial service suppliers of the other Party in comparison to its own like financial services or like financial service suppliers. 3. Nothing in this Agreement shall be construed to require a Party to disclose information relating to personal data the affairs and accounts of individual customers or any confidential or proprietary information in the possession of public entities. 4. Without prejudice to other means of supervision. including prudential regulation and oversight of the cross-border supply of financial services a Party may require the registration, I icensi ng. authorisation or other similar condition ofcross-border supp I iers of financial services of the other Party and of financial instruments. ARTICLE4 Recognition 1. A Party may recognise prudential measures of a non-Party in determining how the Party's measures relating to financial services shall be applied. Such recognition, which may be achieved through harmonisation or otherwise, may be based upon an agreement or arrangement between that Party and the non-Party, or may be accorded autonomously. 2. A Party that is a party to an agreement or arrangement of the type referred to in paragraph I with a non-Party whether at the time of entry into force of this Agreement or thereafter shall afford adequate opportunity for the other Party to negotiate its accession to such agreements or arrangements, or to negotiate comparable ones with it, under circumstances in which there would be equivalent regulation. oversight, implementation of such regulation, and, if appropriate, procedures concerning the sharing of information between the Parties to the agreem nt or arrangement. Where a Party accords recognition autonomously, it shall afford adequate opportunity for the other Party to demonstrate that uch circumstances exist. 8-E-4 c..:::==::---=-
ARTICLE 5 New Financial Services Recognising the rapid development of the financial services market, for greater certainty the Parties reaffirm their right to regulate and to introduce new regulations on the supply of new financial services within their territories. ARTICLE 6 Exchange of Information Each Party, in accordance with its applicable laws and regulations, may share information v:ith the other Party on request, on the basis that such information will be used solely for supervisory purposes and provided that the confidentiality of information is maintained. ARTICLE 7 Knowledge Sharing ,The Parties shall use their best endeavours to exchange knowledge, knowhow and capabilities in areas of interest �to each Patty, including the latest financial development technologies, .Islamic finanGe, research and the exchange of employees for the purpose of capacity building in accordance with their domestic iaws and regulations. ARTICLES Data Processing I. Each Party, in accordance with its applicable laws and regulations, may permit a financial service supplier ofthe other Party to transfer information in electronic or other form, into and out of its territory. for data processing where such processing is required in the ordinary course ofiJw,i11ess of such financial service supplier. 2. Nothing in this Annex restricts the right of a Party to protect personal data, personal privacy and the confi.d.::ntiality of individual records and accounts, and other information protected under the law. ARTICLE 9 Specific Exceptions I. Nothing in this Annex shall be construed to prevent a Party, including its public entities, from exclusively conducting or providing in its territory activitie or services fon11ing part of a public retirement plan or statutory ystem of socia.l security, except when those activities may be carried 0ut, as provided by the Party's domestic regulation, by financial service suppliers in competition with public entities or private institutions. 2. Nothing in thi:, Agreement applies to activities or measures conducted or adopted or maintained by a central bank or monetary, exchange rate or credit authority or by any other public entity in pursuit of monetary and related credit or exchange rate policies. 3. Nothing in this Annex shall be construed to prevent a Party, including its public entities, from exclusively conducting or providing in its territory activities or services for the 8-E-5
account or with the guarantee of using the financial resources of the Party, or it public entities, except when those activities may be carried out, as provided by the Party s domestic regulation by financial service suppliers in competition with public entities or private institutions. 4. Nothing in this Annex shall be -construed to prevent a Party from adopting measure that limit transfers by a financial institution or cross-border financial service supplier to or for the benefit of. an affili~te of or person related to such institution or supplier. through the equitable, non-discriminator_, and good faith application of measures relating to maintenance of thf' s::ifety. soundness, integrity. or financial responsibility of financial institutions or cross-border financial service suppliers. This paragraph does not prejudice any other provi �ion of chi Agreement that pennits a Party to restrict transfers. ARTlCLE 10 Expeditious Application Procedures I. Where a licence/registration/authorisation is required for the supply of banking aP.d insurance services, the omp~tent authorities of a Party shall reach a decisio1~ or: an ::ipplication in a timely manner, if that application meets all the conditions and requirements under that Party's domestic laws and regulations: 2. lfthe competent authorities ofa Party require additional information from the applicant or the competent authol'ity of the other Party in order to process its application. they sh al I notify the applicant and/or the competent authority of the other Party without undue delay, in line with its laws and regulation. ARTlCLE. 11 Di:apute Settlement Panels established pursuant t0 Chapter 15 (Dispute Settlement) for disputes related to financial . services suppliers and other financial matters shall have the necessary expertise rele�vant to the specific financial service under dispute. 8-E-6 ... v---===-
ANNEX8F TELECOMMUNICATIONS SERVICES ARTICLE 1 Scopie and Definitions 1. This Annex applies to measures by ?arties affecting trade in telecommunications services. 1 It shall not apply to m(;asures reiating to broadcasting or to cable distribution of radio or television programming. 2 2. Nothing in this Annex shall be wnstrued to: (a)� require a Party to compel any enterprise to establish, construct, acquire, lease, operate, or provide public telecommunications networks or services where such networks or services are not offered to the public generally; (b) require a Party to compel any supplier exclusively engaged in the broadcasr or cable distribution of rad10 or television programming. to make available its broadcast or cable facilities as a public telecommunications transport network; or (c) prevent a Party from .pro~_jbiting persons operating private networks from using their networks to supply puhlic telecommunications transport networks or services to third parties. 3. For the purposes of this Annex: Access means the making available of-facilities and/or services, to another services supplier, ? under defined conditions, for the pmpo5e of providing electronic communication services. It covers, inter a!ia, access to netwcrk elements and associated facilities, which may involve the connection of equipment, by fixed or non-fixed means (in particular this includes access to the l0cal loop and to facilities. and ~ervices necessary to provide services over the local loop); . access to physical infrastructure, induding buildings, ducts, and masts; access to relevant soft:wate systems, including relevant oi:iercttiomil support systems; access to numbering . translation or systems offering eq11ivalent functiona!ity; access to fixed and mobile netwo~ks, . , in, particular for roaming; conditional access to digital televisions services; access to virtual network services; ? End user means a user not providing public: t1;:lecommunication networks or publicly available electronic communication services; Essential facilities means facilities of a public telecommunications transport network or service that: 1 'Trade in telecommunications services" shall be understood in accordance with the definitions contained in Article 8.1 (Definitions), and also includes measures in respect of the access to and use of public telecommunications networks and services. 1 �'Broadcasting" shall be defined as provided for in the relevant domestic law of each Party. 8-F-I
(a) are exclusively or predominantly provided by a single or limited number of suppliers; and (b) cannot feasibly be economically or technically substituted in order to supply a service; Interconnection means the physical and logical linking of public communication networks used by the same or a different supplier in ordn to allow the users of one services supplier to communicate with users of the same or another services supplier, or to access services provided by another services supplier. Services !llay be provided by the parties involved or other parties , who have access to the network. ~nterconnection 1s a specific type of access implemented between public network operators; Local loop means the physical circuit connecting the network termination point at the :. subscriber's premises to the ma;n distribution frame or equivalent facility in the fixed public communication network; Major supplier3 means a supplier which has t.he ability to materially affect the terms of participati0n (having regard to price and supply) in the relevant market for b~sic telecommunications services as a result of: (a) control over esse:-itiel facilities; or (b) the use of its position i!1 the market; Pubiic telecommunications transport network means the public telecommunicatio.:s infrastructure which permits telecommunications between and among defined network termination points; Public telccommunicati(lns tr~nsport serv1<-e means any telecommunications tra11sport SP-rvice required, explicitly or. i.n effect; by a Party to be offered to the public generally. Such services may include, inter alia, telegraph, telephone, telex, and data transmission typically involving the real-time transmission of customer-supplied information between two or mme ?� points without any end-to-end change ir:. the form cf the customer's information; . Reference interconnection offer means an :nterconnection offer extended by a major supplier that is sufficiently detailed to enable a supplier of a public telecommunications service to know the :-ates and conditions to obtain interconnection; Regulatory authority means the body or bodies entrusted with any of the regulatory tasks . ' assigned in relation to the issues mentk,ne.:i i11 this / n~x; Telecommunications means the ~ransmiss;on of signals by any electromagnetic means. The sector of telecommunications services. does not cover the economic activity consisting of content provision which requires teleco:nr:-iunications services for its transport; and 3 Same as supplier with significa.1t market power 8-f--:1 --->
Universal service means the set of services of specified quality that is made available to all users in the territory of a Party regardless of their geographical location and at an affordable price; its scope and implementation are decided by each Party. ARTICLE2 Competitive Safeguards I. Each Party shall maintain appropriate measures for the purpose of preventing suppliers wh<;>, alone or together, are a major supplier from engaging in or continuing anti�competitive practices. 2. The anti-competitive practicc-s referred tc in paragraph I shall include, in particular: (a) engaging in anti-competitive cross-subsidisation; (b) using information obtained from competitors with anti-competitive results; and (c) not making available to 0 her service suppliers on a timely basis technical information about essential facilities and commercially relevant informll,ir:rn which are nec<::ssary l'c:>r ch~m rv sllpply services. AffHCLE3 1 ll terconnection l. This Article applies to linking with suppliers providing public telecommunications ?. ? ? networks or services� in order 10 allow the users of one supplier to communicate with vsers of another supplier and to a~cf:ss services supplied by another supplier, where ~pecific commitments a:e undertakeP.. . . 3.� Each Party shall ensure !ha! a mPjor st?pPlier prov;des interconnection at any technically feasible point in the network. Such interconnection shall be-provided: (a) under non-discriminatory t,;rms, conditions (including technical standards and specifications) and rates, and 0f a quality uo less favqur~ble than that provided for its own or for, ,non-affili<!ted service suppliers or, its subsidiaries er other affiliates; (b) in a timely fashion, on terms. conditions (including technical standards and specifications) and cost--0riented rates that are transparent, reasonable, having regard to economic foasiliility, and sufficiently unbundled so that the supplier need not pay for netw,.1rk curr,;,oaents or facilities that it does not require for the services to be supplied� unci (c) upon request, at p.oints i,1 addition to the network termination points offered to the majority of users, subj..-ct to charges that reflect the cost of construction of necessary additional facilities. ? Each Party shall ensure that the procedures applicable for interconnection negotiations to a major supplier are made pub!icly available. 8-F-3 .. I
4. Each Party shall ensure that major suppliers either make their interconnection agreements available to service suppliers or publish reference interconnection offers. 5. Where suppliers are unable to resolve disputes regarding the negotiation of an interconnection agreement with _a major s11pplier within a reasonable time, each Paiiy shall ensure that the suppliers have recourse to an independent domestic body, which may he a regulatory authority as referred to in Article 6 (National Regulatory Authority), to resolve disputes regarding relevant terms, conditions and rates for interconnection within a reason~.ble period of time. That body shall determine the conditions for the interconnection in accordance with the national legislative framework. AR'!"lCLE 4 llniversal Service I. -Each Party has tht> right to define the kind of universal service obligation it wishes to have. 2. Measures by Partie:; goverr.ing universal service shall be transparent, objective and non-discriminatory. They shall also be neutral with respect to competition and not be more burdensome than necessary for the kind of universal service defined by the Pa,1y. ARTICLE 5 Lictnsing Procedure I I l ?? 1. Where a licence or-a concession is ref.!u:r--d for the supply of a telecommunications L ,, ? service, the compete11.t authority of a Party shall make the following publicly available: , la) the terms and conditio:1s for such a Ecence or a concession; and (b) the period of time normally required to reach a� decision concerning an application for a licence or a concession . . Where a licence or a concession is required for the supply of a telecomn:ionications service. a.nd if all the applicable conditio:is are fulfilled, the competent authority o.f a -Party shall grant tl1e applicant a lice17ce or a cances"ion within a reasonable periori of time after the submi sion of its appli ation is '-onsidered complete under that Party's law . .), -The competent authcrity of a Party shall notify the applicant of the outcome of its application promptly alter J decision ~.as been taL n. In case a decision is taken to deny an application for a licence ors. con ession, the competent authority of a Party shall make known to the applicant. upon request, the reason for the denial. ARTJCLE 6 Natiorial Regulatory Authority I. ? ? Each Party's regu:atory authority for telecommunications services shall be separate from, and not accountable to, any supplier of basic tel.!communications services. 8-F-4
2. Each Party shall ensure that the decisions of, and the procedures used by, its regulatory authority are impartial with respect to all market participants. ARTICLE 7 Scarce Resources I. Each Party shall ensure that its procedures for the al location and use of scarce telec9mmunications resources including frequencies, numbers and rights of way, are carried out in an objective, timely, transparent, and non-discriminatory manner. Each Patty shall make publicly available the current state of allocated frequency bands, but detailed identification of frequenci s allocated For specific government uses shall not be required. 2. When assigning a spectrum for non-government radio-electric telecommunications services, each Party shall endeavour to rely as a rule on market-based approaches, takir,g full account of pub! ic interests. ARTICLE 8 Flexibility in the Choice of Technologies I. Neither Party may prevent suppliers of public telecommunications transport services -from-having the flexibility to choose the technologies that they use to supply their services, including commercial mobile wireless services, subject to requirements necessary� to satisfy legitimate public policy interests, provided that any measure ? restricting such choice is not prepared, adopted, or applied in a manner that creates unnecessary obstacles to trade. 2. For greater certainty, nothing in this Annex shall be construed to prevent a telecommunications regulatory body from requiring the proper licence or other author.isation to� :mprly each public telecommunications transport seivice. ARTICLE9 Confidentiality of Information I. Each Party shall ensure that suppliers of public telecommunications transport networks or services m its territory take appropriate steps to protect, inter alia: (a) the privacy of individuals in relation to the processing and dissemination of personal data; (b) the confidentiality of individual records; and (c) the confidentiality of commercially sensitive information of, or relating to, suppliers and end-users of telecommunications services. Data and information obtained by a telecommunications service supplier shall only be used for the purpose of providing those services. 8-F-5
ANNEX8G TRANSPORT AND RELATED SERVICES ARTICLE I Transport Cooperation The Parties will endeavour to elevate the level of connectivity in the are~s of transportation and related infrastructure development, in accordance with their respective national legislation. To this end, the Parties shall fully utilise thi$ bilateral Agreement to explore new cooperation opportunities in international transport and logistics and to apply concerted measures to ensure smooth, safe and efficient international transportation. ARTICLE 2 Transport Infrastructure Development TJ-.e ?arties will take full advantage of their unique geographic posit,io_ns, and promote the development of ports, airports, mads, railways. logistics and other transport infraslrudure. The Parties will encourage their enterprises to engage more actively ir. intematbnal transportation, logistics cooperation and invesr.nent in transport infrastructure. ARTICLE3 lntcr�national Maritime Transport . I. For the purposes. of this Annex, "international maritime transport" ineludes door-to�door and multi-modal transport operations, which is the r.arriage of goods using more tha.i one mode of transport, involving a sea-leg, under a single transport docurr.ent, and ? to this effect,the right to directly contract with providers cf other modes oftrar:spart. 2. For i;,,ternationa maritime transport, each Party shall grailt non-discriminatory treatment ro .vesse.is flying the .flag of the other Party, as compared to the treatmerit � accorded to vessels flying its own flag, with regard to access to ports, the use of ? infra. tructure and auxiliary maritime services of those ports, as weli as related fees and charges, customs formalities and assignment of berths and facilities for loading and unloading. 3. Each Party shall endeavour to facilitate the movement of empty containers, between ports of Georgia and ports of the UAE. 8-G-l --
For purposes of this Chapter: CHAPTER9 DIGITAL TRADE ARTICLE 9.1 Definitions authentication means the process or act of verifying the identity of a Party to an electronic communication or transaction and ensuring the integrity of an electronic communication; digital or electronic signature means data in digital or electronic form that is in, affixed to, or logically or cryptographically associated with, a digital or electronic document, and that may be used to identify or verify the signatory in relation to the digital or electronic document and indicate the signatory's approval of the information contained in the digital or electronic document; digital product means a computer programme, text, video, image, sound recording or other product that is digitally encoded, produced for commercial sale or distrjbution, and that can be transmitted electronically; 1 electronic transmission or transmitted electronically means a transmission made using any electromagnetic means, including by photonic means; open data means non-proprietary information, including data, made freely available to the public by the central level of government; measure means any measure by a Party, whether in the form of a law, regulation, rule, procedure, decision, administrative action, or any other form; personal data means any information, including data, about an-identified or identifiable natural person; trade administration documents means forms issued or controlled by a Party that must be completed by or for an importer or exporter in connection with the importation or exportation of goods; and unsolicited commercial electronic message means an electronic message which is sent for commercial or marketing purposes to an electronic address, without the consent of the recipient or despite the explicit rejection of the recipient, through an Internet access service supplier or, to the extent provided for under the laws and regulations of each Party, other telecommunications service. 1 For greater certainty, the term "digital product" does not include a digitised representation ofa financial instrument, including money. Furthermore, the definition of??digital product" should not be understood to reflect a Party's view on whether trade in digital products through electronic transmission should be categorised as trade in services or trade in goods. 9-1
ARTICLE9.1 Objectives I. The Parties recognise the economic growth and opportunity that digital trade provides, the importance of avoiding barriers to its use and development, the importance of frameworks that promote consumer confidence in digital trade, and the applicability of the WTO Agreement to measures affecting digital trade. 2. The Parties seek to foster an environment conducive to the further advancement of digital trade, including electronic commerce and the digital transformation of the global economy, by strengthening their bilateral relations on these matters. ARTICLE 9.3 General Provisions I. This Chapter shall apply to measures adopted or maintained by a Party that affect trade by electronic means. 2. This Chapter shall not apply to: (a) government procurement; (b) information held or processed by or on behalf of a Party, or measures related to such information, including measures related to its collection. 3. For greater certainty, the Parties affirm that measures affecting the supply of a service delivered or performed electronically are subject to the relevant provisions of Chapter 8 (Trade in Services) and its Annexes and Chapter 10 (Investment), including any exceptions or limitations set out in this Agreement that are applicable to such provisions. ARTICLE9.4 Customs Duties I. No Party shall impose customs duties on digital or electronic transmissions, including content transmitted electronically, between a person of one Party and a person of another Party. 2. For greater certainty, paragraph I shall not preclude a Party from imposing internal taxes, fees or other charges on content transmitted digitally or electronically, provided that such taxes, fees or charges are imposed in a manner consistent with this Agreement. 9-2 '----i:::c::::::=====
ARTICLE 9.5 Non-Discriminatory Treatment of Digital Products I. A Party shall not accord less favourable treatment to some digital products2 than it accords to other like digital products: (a) on the basis that (i) the digital products rece1vmg less favourable treatment are created, produced, published, stored, transmitted, contracted for, commissioned, or first made available on commercial terms, in the territory of the other Party; or (ii) the author, performer, producer, developer, or distributor of such digital products is a person of the other Party; or (b) so as otherwise to afford protection to the other I ike digital products that are created, produced, published, stored, transmitted, contracted for, commissioned or first made available on commercial terms, in its territory. 2. -A Party shall not accord less favourable treatment to digital products: (a) created, produced, published, stored, transmitted, contracted for, commissioned, or first made available on commercial terms, in the territory of the other Party than it accords to like digital products created, produced, published, contracted for, commissioned, or first made available on commercial terms in the territory ofa non-Party; or (b) whose author, performer, producer, developer, or distributor of such digital products is a person of the other Party than it accords to like digital products whose author, performer, producer, developer, or distributor of such digital products is a person of a non-Party. 3. Paragraphs I and 2 of this Article are subject to relevant exceptions, limitations or reservations set out in this Agreement or its Annexes, if any. 4. This Article does not apply to broadcasting. ARTICLE 9.6 Domestic Electronic Transactions Framework I. Each Party endeavours to maintain a legal framework governing electronic transactions consistent with the principles of the UNCITRAL Model Law on Electronic Commerce ( 1996) or the United Nations Convention on the Use of Electronic Communications in International Contracts, done at New York on 23 November 2005. 2 For greater certainty, the term "digital products" in this Article means digital products of the other Party. 9-3
2. Each Party endeavours to: (a) avoid any unnecessary regulatory burden on electronic transactions; and (b) facilitate input by interested persons in the development of its legal framework for electronic transactions, including in relation to trade documentation. ARTICLE 9,7 Authentication I. Except in circumstances otherwise provided for under its law, a Party shall not deny the legal validity of a signature solely on the basis that the signature is in digital or electronic fonn. 2. Neither Party shall adopt or maintain measures regarding authentication that would: (a) prohibit parties to an electronic transaction from mutually determining the appropr!ate authentication m<!thods for that transaction; or (b) prevent parties to an electronic transaction from having the opportunity to establish before judicial or administrative authorities that their transaction complies with any legal requirements with respect to authentication. 3. Notwithstanding paragraph 2, a Parry may require that, for a particular category of transactions, the method of authentication meets certain performance standards or is certified by an authority accredited in accordance with its law. 4. The Parties shall encourage the use of interoperable means of authentication. ARTICLE 9,8 Paperless Trading Each Party shall endeavour to: (a) make trade administration documents available to the public m digital or electronic form; and (b) accept trade administration documents submitted electronically as the legal equivalent of the paper version of those documents. ARTICLE9.9 Online Consumer Protection I. The Parties recognise the importance of adopting and maintaining transparent and effective measures to protect consumers from misleading, deceptive and fraudulent commercial practices when they engage in digital trade. 9-4
2. Each Pa1ty shaJ I endeavour to adopt or maintain consumer protection laws to proscribe misleading deceptive, and fraudulent commercial activities that cau e harm or potential harm to consumers engaged in digital trade.3 ARTICLE 9.10 Personal Data Protection I. The Parties recognise the economic and social benefits of protecting the personal data of persons who conduct or engage in electronic transactions and the contribution that this makes to enhancing consumer confidence in digital trade. 2. To this end. each Party shall adopt or maintain a legal framework that provides for tr.e protection of the per.;onal data of the users of digital trade in compliance with the internationally recognised principles and standards:' ARTICLE 9.11 Principles on Access to and Use of the Internet for Digital Trade To support the development and growth of digital trade, each Party recognises that consumers in its territory sl-iould be able to: (a) access and use services and applications of their choice, unless prohibited by the Party's law; (b) run services and applications of their choice, subject to the Party's law, including the needs of legal and regulatory enforcement activities; and (c) connect their choice of devkes to the Internet, provided that such devices do not harm the netvvork and are not otherwise prohibited by the Party's law. ARTICLE 9.12 Unsolicited Commercial Electronic Messages l. Each Party shall endeavour to adopt or maintain measures regarding unsolicited commercial electronic messages sent to an electronic mail address that: (a) require a supplier of unsolicited conunercial electronic messages to facilitate the ability of a recipient to prevent ougoing reception of those messages; or (b) require the consent, as specified in the laws and regulations of each Party, of recipients to receive commercial electronic messages; or 3 For greater certainty, a Party may comply with the obligation in this paragraph by adopting or maintaining measures such as generally-applicable consumer protection laws or regulations or sector-or medium�specific laws or regulations regarding consumer protection. ~ For g.remer certainty, a Part may comply I ilh tbe obligation in this paragraph b adopting or maintaining measures uch as a comprehensive privacy, personal information or personal data protection laws, sector-specific laws covering privacy or laws that pro idc ior I.he enforcement of voluntary undertakings by emerpriscs relating to privacy. 9-5
(c) otherwise provide for the minimisation of unsolicited commercial electronic messages. 2. Each Party shall endeavour to provide recourse against a supplier of unsolicited commercial electronic messages that does not comply with a measure adopted or maintained in accordance with paragraph I. 3. The Parties shall endeavour to cooperate in appropriate cases of mutual concern regarding the regulation of unsolicited commercial electronic messages. ARTICLE 9.13 Cross~Border Flow of Information Recognizing the importance of the free flow of information in facilitating trade, and acknowledging the importance ,of protecting personal data, the Parties shall endeavour to refrain from imposing or maintaining unnecessary barriers to electronic information flows across borders. ARTICLE 9.14 Open Data I. The Parties recognise that .facilitating public access to and use of open data contributes to stimulating economic and social benefit, competitiveness, productivity improvements and innovation. To the extent that a Party chooses to make available open data, it endeavours to ensure: (a) that the information is appropriately anonymised, contains descriptive metadata and is in a machine readable and open format that allows it to be searched, retrieved, used, reused and redistributed freely by the public; and (b) to the extent practicable, that the information is made available in a spatially enabled format with reliable, easy to use and freely available Application Programming !nterfaces (APis) and is regularly updated. 2. The Parties shall endeavour to cooperate to identify ways in which each Party can expand access to and use of open data, with a view to enhancing and generating business and research opportunities. .ARTICLE 9.15 Digital Government I. The Parties recognise that technology can enable more efficient and agile government operations, improve the quality and reliability of government services and enable governments to better serve the needs of their citizens and other stakeholders. 2. To this end, the Parties endeavour to develop and implement strategies to digitally transform their respective government operations and services, which may include: 9-6
(a) adopting open and inclusive government processes focusing on accessibility, transparency, and accountability in a manner that overcomes digital divides; (b) promoting cross-sectoral and cross-governmental coordination and collaboration on digital agenda issues; (c) shaping government processes, services and policies with digital inclusivity in mind; (d) providing a unified digital platform and common digital enables for government service delivery; (e) leveraging emerging technologies to build capabilities m anticipation of disasters and crises and facilitating proactive responses; (t) generating p?Jblic value fror:1 government data by applying it in the planning, delivering and monitor:11g of public policies. and adopting rules and ethical principles for the trustwotthy and safe use of data; (g) making government data and policy-making processes (including algorithms) available for the public to engage with; and (h) promoting initiafrves to ra:se the level of digital capabilities and skills of both the populace and the government workforce. 3. Recognising that the Parties can benefit by sharing their experiences with digital government initiatives, the Partie::. shall endeavour to cooperate on activities relating to the digital tran formation or government and government services, which may include: (a) exchanging information and experiences on digital government strategies and policies; (b) sharing best practices on digital government and the digital delivery of government services; and (c) providing advice or training, including through exchange of officials, to assist the other Party in building digital government capacity. ARTICLE 9.16 D!git&l and Electronic Invoicing I. The Parties recognise the importance of digital and electronic invoicing to increase the efficiency, accuracy and r liability of commercial transactions. Each Party also recognises the benefits of ensll!�ing th::i.t the systems used for digital and electronic invoicing within its territory are interoperable with lhe systems used in the other Party�s territory. 2. Each Party shall endeavour to ensure that the implementation of measures related to digital and electronic invoicing in its territory supports cross-border interoperability 9-7 t::====-=----
, L between the Parties' digital and electronic invoicing frameworks. To this end, each Party shall endeavour to base its measures relating to digital and electronic invoicing on international frameworks. 3. The Parties recognise the ec-0nomic importance of promoting the global adoption of digital and electronic invoicing systems, including interoperable international framework . To this end, the Parties shall endeavour to: (a) promote, encourage, support or facilitate the adoption of digital and electronic invoicing by enterprises; (b) promote the existence of policies, infrastructure and processes that support digital and electronic invoicing; (c) generate awareness of, and build capacity for, digital and electronic invoicing; and (d) share best practices ar.d promote the adoption of interoperable international digital and electronic invoicing systems. ARTICLE 9.17 Digital and Electronic Payments I . Recognising the rapid growth ::if digital and electronic payments, in particular tho~e provided by non-bank, non-financial institutions and financial technology enterprises, the Parties shall endeavour to support the development of efficient, safe and secure cross-border digital and eiectronic payments by: (a) fostering the adoptior, and use of internationally-accepted standards for digital and electronic payme,1ts; (b) promoting interop-erabHity and the interlinking of digital electronic payment infrastructures; and (c) encouraging innovati0n and competition in digital and electronic payments services. 2. To this end, each Patty shall endeavour to: ==-=-(a) make publicly avaihble its laws and regulations of general applicability relating to digital and electronic payments, including in relation to regulatory approval, licensing requirement,:, procedures and technical standards; (b) finalise decisions on regulatory or licensing approvals relating to digital and electronic payments in a timely manner; (c) not arbitrarily or unjustifiably discriminate between financial institutions and non-financial institutions in relation to access to services and infrastructure necessary for the operation of digital and electronic payment systems; 9-8
I ? 'I (d) adopt or utilise international standards for electronic data exchange between financial institutions and services suppliers to enable greater interoperability between digital and electror.ic payment systems; (e) facilitate the use ofopen platforms and architectures such a tools and protocols provided for through AJ:lls and encourage payment service providers to safely and securely make APls fo~their products and services available to third pa1ties, where possible, to facilitate greater interoperabi I ity. innovation and competition in electronic payments; and (f) facilitate innovation anc! competition and the introduction of new financial and electronic payment products and services in a timely manner, such as through adopting reguliltory l:lrirl industry sandboxes. ARl'ICLE 9.18 Digital Identities Recognising that cooperation betwee11 the Parties on digital identities for natural persons and enterprise wil I promote connectivity and fu1ther growth of cLig-ital trade, ard recognising that each P.arty may take different legal and technical approache~ to digital identitie the Parties shall endeavour to pur ue mechanisms to promote compatibility between their resfective digital identity regimes. This may include: (a) developing appropriate frameworks and common standards to foster technical interoperability between eiich Party's implementation of digital identities; . (b) developing com11arabl:.: protection of digital identities under each Party's respective !(:gal fo:.meworks, or the recognition of their legal effects, whether accorded autonomously or by agreement; (c) supporting the de,:ek,p?,1en~ of international frameworks on digital identity regimes; (d) exchanging knov.ledge and experf.:-e on nest practices relating to digital identity policies and regul2tions, lec:rnic':l! implf'mentation and security standards. and the promotion of the u5e cf digital identities. ARTICLE 9.19 Artificial lntellig~nce I: The Pa1ties recognise that the we and adoption of A1tificial Intelligence (Al) technologies are becoming increasi11i;ly important to digital trade. offering significant social and econo1nic bendits tG natural persons and enterprises. In view ofthis. the Parties shall endeavour t0 cooperate, in accordance with their respective laws and policies. through: -------(a) sharing research and� industry practices related to AI technologies and the1r governance; 9-9
, \.------(b) promoting and sustaining the responsible use and adoption of AI technologies by businesses and across the community; and (c) encouraging commercialisation opportunities and collaboration between researchers, acader.iics and industry. 2. The Parties also recognise the importance of developing ethical governance frameworks for the trusted, safe and responsible use of AI technologies that will help realise the benefits of AI. In view of the crnss-border nature of digital trade, the Parties further acknowledge the benefits of ensuring that such frameworks are internationally aligned as far as possible. To this end, the Parties shall endeavow� to: (a) collaborate on and promote the development and adoption of ethical governance frameworks that support the trusted, safe and responsible use of Al technologies, including through relevant international fora; and (b) take into consideration internatiorally-recognised principles or guidelines when developing such frnmeworks. AkTICLE 9.10 Co<l!J~ration I . Recognising the importa;1ce of digital trade to their collective economies, the Paities shall endeavour to maintain a .diaiogue on regulatory matters relating to digital trade with a view to sharing information and experiences, as appropriate, including on related laws, regulations, their implementation and best practices with respect to digital trade, including in relation to: (a) online consumer protet:tion; (b) personal data protection; (c) anti-money laundering and sanctions compliance for digital trade; (d) unsolicited comme1<.:ial electronic messages; ( e) authentication; (t) intellectual property coP.cerns with respect to digital trade; (g) challenges for small and mediurn-sized enterprises in digital trade; and (h) digital government. 2. -The Parties have a shared visioP. to promote secure digital trade and recognise that threats to cybersecurity undermine c0nfidence in digital trade. Accordingly, the Parties recognise the importance of: (a) building the capabilities of their government agencies responsible for computer security incident response; 9-10
... L=== (b) using existing collaboration mechanisms to cooperate to identify and mitigate malicious intrusions or dissemination of malicious code that affect the electronic networks of the Parties; and (c) promoting the development ofa strong public and private workforce in the area of cybersecurity, including possible initiatives relating to mutual recognition of qualifications. 9-11
Chapter 10. INVESTMENT
Article 10.1. Georgia-UAE Bilateral Investment Agreement
The Parties note the existence of and reaffirm the Agreement on "The Promotion and Reciprocal Protection of Investment"' Between the Government of Georgia and the Government of the United Arab Emirates, signed at Tbilisi, Georgia, on 17 July 2017 (hereinafter referred to as "UAE-Georgia Bilateral Investment Agreement") and any subsequent amendments thereto.
Article 10.2. Objectives and Promotion of Investment
1. Each Party may, subject to its general policy in the field of foreign investment, encourage and promote in its territory investments by investors of the other Party, and shall admit such investment in accordance with its applicable laws and regulations and the intemationai commitments enter':!d into between the Parties.