Georgia - United Arab Emirates CEPA (2023)
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(ii) relating to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment;

(iii) relating to the supply of services as carried out directly or indirectly for the purpose of provisioning a military establishment;

(iv) relating to the protection of critical public infrastructure, including, but not limited to, critical communications infrastructures, power infrastructures and water infrastructures, from deliberate attempts intended to disable or degrade such infrastructures;

(v) taken in time of domestic emergency, or war or other emergency in international relations; or

(c) to prevent any Party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security.

Article 16.3. Taxation

1. Nothing in this Agreement shall apply to any taxation measure. (2)

(2) For the avoidance of doubt, provisions where corresponding rights and obligations are also granted or imposed under the WTO Agreement shall apply to taxation measures. 

2. Nothing in this Agreement shalI affect the rights and obligations of a Party under any tax convention. In the event of any inconsistency between this Agreement and any such tax convention, that tax convention shall prevail to the extent of the inconsistency.

Chapter 17. ADMINISTRATION OF THE AGREEMENT

Article 17.1. Joint Committee

1. The Parties hereby establish a Joint Committee.

2. The Joint Committee:

(a) shall be composed of representatives of Georgia and the UAE. The Parties shall be represented by senior officials designated by them for this purpose, unless otherwise agreed by the Parties; and

(b) may establish standing or ad hoc sub-committees or working groups and assign any of its powers thereto.

3. The functions of the Joint Committee shall be as follows:

(a) to review and assess the results and overall operation of this Agreement in the light of its objectives and the experience gained during its application;

(b) to consider and recommend any amendments to this Agreement that may be proposed by either Party, including the modification of concessions made under this Agreement;

(c) to endeavour to amicably resolve disputes between the Parties arising from the interpretation or application of this Agreement;

(d) to supervise and coordinate the work of all sub-committees and working groups established under this Agreement;

(e) to consider any other matter that may affect the operation of this Agreement;

(f) if requested by either Party, to propose a mutually agreed interpretation of the provisions of this Agreement;

(g) to adopt decisions or make recommendations as envisaged by this Agreement; and

(h) to carry out any other functions as may be agreed by the Parties.

Article 17.2. Rules of Procedures of the Joint Committee

1. The Joint Committee shall meet within one year from the entry into force of this Agreement. Thereafter, it shall meet whenever necessary, but normally once every two years, to consider any matter relating to this Agreement. The regular sessions of the Joint Committee shall be held alternately in the territories of either Party. The regular sessions shall be chaired successively by each Party.

2. The Joint Committee shall also hold special sessions without undue delay from the date of a request thereof from either Party. The special sessions shall be chaired by the host Party requesting the session.

3. The Joint Committee shall ordinarily meet at the level of senior officials unless otherwise agreed by the Parties, or there is a specific request by either Party to convene the meeting at a higher level.

4. The Joint Committee shall take decisions and make recommendations on any matter within its functions as set out in Article 17.1 (Joint Committee), by mutual agreement. The implementation of the decisions shall be subject to compliance with either Party's applicable internal legal requirements and procedures.

Article 17.3. Communications

1. For the purpose of facilitating communication between the Parties on any matter covered by this Agreement, the following contact points are designated:

(a) For Georgia, Ministry of Economy and Sustainable Development; and

(b) For the UAE, the Ministry of Economy.

2. All official communications in relation to this Agreement shall be in the English language. 

Chapter 18. FINAL PROVISIONS

Article 18.1. Annexes and Footnotes

The Annexes and footnotes to this Agreement constitute an integral part of this Agreement.

Article 18.2. Amendments

1. The Parties may agree in writing to amend this Agreement.

2. Either Party may submit proposals for amendments to this Agreement to the Joint Committee for its consideration and recommendation.

3. Amendments to this Agreement shall, after consideration by the Joint Committee, enter into force in accordance with the procedure required for the entry into force of this Agreement. Such amendments shall constitute an integral part of this Agreement.

4. If any amendment is made to the provisions of the WTO Agreement or any other international agreement, to which both Parties are party and that has been incorporated into this Agreement, the Parties shall consult on whether to amend this Agreement accordingly, unless this Agreement provides otherwise.

Article 18.3. Accession

Any country or group of countries may accede to this Agreement subject to such terms and conditions as may be agreed between the country or group of countries and the Parties and subject to the following approval in accordance with the applicable internal legal requirements and procedures of each Party and such acceding country or group of countries.

Article 18.4. Duration and Termination

1. This Agreement shall be valid for an indefinite period.

2. Either Party may terminate this Agreement by written notification to the other Party, and such termination shall take effect six months after the date of the notification.

Article 18.5. Entry Into Force

1. This Agreement is subject to ratification, acceptance or approval in accordance with the respective internal legal procedure of each Party.

2. The Parties shall notify each other on the completion of their internal procedure necessary for the entry into force of the Agreement in writing, through diplomatic channels, within a period of 30 days from such completion.

3. This Agreement shall enter into force 30 days after the receipt of the last written notification on the completion of an internal procedure.

Article 18.6. Authentic Texts

This Agreement is done in triplicate in Arabic, Georgian and English languages. All texts shall be equally authentic. In case of any divergence, the English text shall prevail.

Conclusion

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement.

DONE in Dubai, United Arab Emirates, on the 10th day of October 2023.

FOR GEORGIA

H.E. LEVAN DAVITASHVILI

VICE PRIME MINISTER, MINISTER OF ECONOMY AND SUSTAINABLE DEVELOPMENT

FOR THE UNITED ARAB EMIRATES

DR. THANI BIN AHMAD AL ZEYOUDI

MINISTER OF STATE FOR FOREIGN TRADE

Attachments

ANNEX 18A. ENERGY RESOURCES SECTOR

In connection with this Agreement, the Parties have reached the following understandings:

(a) The UAE is an independent, sovereign, federal State, with seven sovereign Member Emirates (Member Emirates), and pursuant to its Constitution, each Member Emirate retains full sovereignty, sovereign rights and exclusive jurisdiction in its territory over its natural resources and wealth of which the Energy Resources Sector is the subject matter of this Annex. For the purposes of this Annex, "Energy Resources Sector" shall mean all hydrocarbons such as oil, gas, and condensates, derivates and primary by-products thereof with respect to ownership, management, exploration, development and production, exploitation (including reservoir management), transportation, storage, refining and processing, and distribution up to and including retail distribution.

(b) In recognition of the foregoing, this Agreement shall not grant any rights to Georgia or create any obligations for the UAE or any of its Member Emirates with regard to the Energy Resources Sector. Accordingly, the Energy Resources Sector is excluded from all aspects and provisions of this Agreement, including Chapter 15 (Dispute Settlement). All matters pertaining to the Energy Resources Sector of any of the Member Emirates are within the exclusive jurisdiction of the Member Emirates, and all determinations and decisions of each Member Emirate made by such Member Emirate's competent authorities pertaining to the Energy Resources Sector (Competent Authorities) that are the subject of its jurisdiction shall be final, binding and not subject to review or challenge.

(c) Subsequent to the date of entry into effect of this Agreement and in the event that the UAE with the concurrence of the Member Emirates' Competent Authorities grants any rights excluded by this Annex to a third country with respect to the Energy Resources Sector by a regional trade agreement, such rights shall be granted to Georgia.

(d) Notwithstanding the above, in the event of a difference in the interpretation or application of this Annex, the UAE and Georgia commit to have recourse to consultations at the request of either Party. For the purpose of such consultations, Article 15.6 (Consultations) of this Agreement except paragraph 8, shall apply mutatis mutandis. The Parties shall make every attempt through consultation to arrive at a mutually satisfactory resolution within 60 days from the request.

(e) In the event that the UAE and Georgia fail to achieve a mutually agreed solution within 60 days following recourse to consultations, or if the UAE fails to comply with the mutually agreed solution within the agreed timeframe, the only recourse of Georgia shall be that it may suspend benefits under this Agreement proportionate to the trade effects which the measure in question causes or threatens to cause. Moreover, Georgia shall repeal its compensatory measure to the extent that the UAE's measure in question ceases to apply. The above-mentioned procedure shall also apply in case of any dispute relating to whether the Georgian's compensatory measure is proportionate, with the UAE likewise ultimately having the right to suspend benefits proportionately. (f) The UAE and Georgia further agree that this Annex shall constitute an integral part of this Agreement and that, in the unlikely event of any inconsistency between this Annex and any provisions of this Agreement, this Annex shall prevail to the extent of that inconsistency. 

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  • Chapter   I INITIAL PROVISIONS AND GENERAL DEFINITIONS 1
  • Article   1.1 General Definitions 1
  • Article   1.2 Establishment of a Free Trade Area 1
  • Article   1.3 Objectives 1
  • Article   1.4 Geographical Scope 1
  • Article   1.5 Relation to other Agreements 1
  • Article   1.6 Local Government 1
  • Article   1.7 Transparency 1
  • Article   1.8 Confidential Information 1
  • Chapter   2 TRADE IN GOODS 1
  • Article   2.1 Scope and Coverage 1
  • Article   2.2 Definitions 1
  • Article   2.3 National Treatment on Internal Taxation and Regulation 1
  • Article   2.4 Reduction or Elimination of Customs Duties 1
  • Article   2.5 Acceleration or Improvement of Tariff Commitments 1
  • Article   2.6 Classification of Goods and Transposition of Schedules 1
  • Article   2.7 Temporary Admission 1
  • Article   2.8 Duty-Free Entry of Commercial Samples of Negligible Value and Printed Advertising Materials 1
  • Article   2.9 Goods Returned or Re-Entered after Repair or Alteration 1
  • Article   2.10 Import and Export Restrictions 1
  • Article   2.11 Import Licensing 1
  • Article   2.12 Customs Valuation 1
  • Article   2.13 Export Subsidies 1
  • Article   2.14 Transparency 1
  • Article   2.15 Restrictions to Safeguard the Balance-of-Payments 1
  • Article   2.16 Administrative Fees and Formalities 1
  • Article   2.17 Non-Tariff Measures 1
  • Article   2.18 State Trading Enterprises 1
  • Article   2.19 Exchange of Data 1
  • Article   2.20 Subcommittee on Trade In Goods 1
  • Chapter   3 RULES OF ORIGIN 2
  • Section   A Origin Determination 2
  • Article   3.1 Definitions 2
  • Article   3.2 Originating Goods 2
  • Article   3.3 Wholly Obtained or Produced Goods 2
  • Article   3.4 Sufficient Working or Production 2
  • Article   3.5 Intermediate Goods 2
  • Article   3.6 Accumulation 2
  • Article   3.7 Tolerance 2
  • Article   3.8 Insufficient Operations 2
  • Article   3.9 Indirect Materials 2
  • Article   3.10 Accessories, Spare Parts, Tools 2
  • Article   3.11 Packaging Materials and Containers for Retail Sale 2
  • Article   3.12 Packaging Materials and Containers for Shipment 2
  • Article   3.13 Fungible Goods and Materials 2
  • Article   3.14 Sets of Goods 2
  • Section   B SECTION B Territoriality and Transit 2
  • Article   3.15 Principle of Territoriality 2
  • Article   3.16 Outward Processing 2
  • Article   3.17 Transit and Transshipment 2
  • Article   3.18 Free Economic Zones or Free Zones 2
  • Article   3.19 Third Party Invoicing 2
  • Section   C Origin Certification 2
  • Article   3.20 Proof of Origin 2
  • Article   3.21 Certificate of Origin In Paper Format 2
  • Article   3.22 Electronic Data Origin Exchange System 3
  • Article   3.23 Origin Declaration 3
  • Article   3.24 Application for Certificate of Origin 3
  • Article   3.25 Examination of Application for a Certificate of Origin 3
  • Article   3.26 Treatment of Erroneous Declaration In the Certificate of Origin 3
  • Article   3.27 Importation by Instalments 3
  • Article   3.28 Certificate of Origin Issued Retrospectively 3
  • Article   3.29 Loss of the Certificate of Origin 3
  • Article   3.30 Presentation of the Certificate of Origin 3
  • Article   3.31 Treatment of Minor Discrepancies 3
  • Section   D Cooperation and Origin Verification 3
  • Article   3.32 Notification 3
  • Article   3.33 Denial of Preferential Tariff Treatment 3
  • Article   3.34 Retroactive Check 3
  • Article   3.35 Verification Visits 3
  • Article   3.36 Record Keeping Requirement 3
  • Article   3.37 Confidentiality 3
  • Article   3.38 Contact Points 3
  • Section   E Consultation and Modifications 3
  • Article   3.39 Consultation and Modifications 3
  • Chapter   4 CUSTOMS PROCEDURES & TRADE FACILITATION 3
  • Article   4.1 Definitions 3
  • Article   4.2 Scope 3
  • Article   4.3 General Provisions 3
  • Article   4.4 Publication and Availability of Information 3
  • Article   4.5 Risk Management 3
  • Article   4.6 Paperless Communications 3
  • Article   4.7 Advance Rulings 3
  • Article   4.8 Penalties 3
  • Article   4.9 ARTICLE 4.9 Release of Goods 3
  • Article   4.10 Authorized Economic Operators 4
  • Article   4.11 Border Agency Cooperation 4
  • Article   4.12 Expedited Shipments 4
  • Article   4.13 Review and Appeal 4
  • Article   4.14 Customs Cooperation 4
  • Article   4.15 Confidentiality 4
  • Chapter   5 SANITARY AND PHYTOSANITARY MEASURES 4
  • Article   5.1 Definitions 4
  • Article   5.2 Objectives 4
  • Article   5.3 Scope 4
  • Article   5.4 General Provisions 4
  • Article   5.5 Equivalence 4
  • Article   5.6 Risk Assessment 4
  • Article   5.7 Emergency Measures 4
  • Article   5.8 Transparency 4
  • Article   5.9 Cooperation 4
  • Article   5.10 Competent Authorities and Contact Points 4
  • Article   5.11 Sub-committee on Sanitary and Phytosanitary Measures 4
  • Chapter   6 TECHNICAL BARRIERS TO TRADE 4
  • Article   6.1 Definitions 4
  • Article   6.2 Objectives 4
  • Article   6.3 Scope 4
  • Article   6.4 Affirmation of the TBT Agreement 4
  • Article   6.5 Standards 4
  • Article   6.6 Technical Regulations 4
  • Article   6.7 Conformity Assessment Procedures 4
  • Article   6.8 Cooperation 4
  • Article   6.9 Transparency 4
  • Article   6.10 Information Exchange and Technical Discussions 4
  • Article   6.11 Contact Points 4
  • Chapter   7 TRADE REMEDIES 4
  • Article   7.1 Anti-Dumping and Countervailing Measures 4
  • Article   7.2 Global Safeguard Measures 5
  • Article   7.3 Cooperation In Trade Remedies Investigations 5
  • Chapter   8 TRADE IN SERVICES 5
  • Article   8.1 Definitions 5
  • Article   8.2 Scope and Coverage 5
  • Article   8.3 Schedules of Specific Commitments 5
  • Article   8.4 Most-Favoured Nation Treatment 5
  • Article   8.5 Market Access 5
  • Article   8.6 National Treatment 5
  • Article   8.7 Additional Commitments 5
  • Article   8.8 Modification of Schedules 5
  • Article   8.9 Domestic Regulation 5
  • Article   8.10 Recognition 5
  • Article   8.11 Payments and Transfers 6
  • Article   8.12 Monopolies and Exclusive Service Suppliers 6
  • Article   8.13 Business Practices 6
  • Article   8.14 Restrictions to Safeguard the Balance-of-Payments 6
  • Article   8.15 Denial of Benefits 6
  • Article   8.16 Review 6
  • Article   8.17 Annexes 6
  • ANNEX 8E  FINANCIAL SERVICES 6
  • Article   1 Scope and Definitions 6
  • Article   2 Clearance and Payment Systems 6
  • Article   3 Prudential Carve-Out 6
  • Article   4 Recognition 6
  • Article   5 New Financial Services 6
  • Article   6 Exchange of Information 6
  • Article   7 Knowledge Sharing 6
  • Article   8 Data Processing 6
  • Article   9 Specific Exceptions 6
  • Article   10 Expeditious Application Procedures 6
  • Article   11 Dispute Settlement 6
  • Chapter   9 DIGITAL TRADE 6
  • Article   9.1 Definitions 6
  • Article   9.2 Objectives 6
  • Article   9.3 General Provisions 6
  • Article   9.4 Customs Duties 6
  • Article   9.5 Non-Discriminatory Treatment of Digital Products 6
  • Article   9.6 Domestic Electronic Transactions Framework 6
  • Article   9.7 Authentication 6
  • Article   9.8 Paperless Trading 7
  • Article   9.9 Online Consumer Protection 7
  • Article   9.10 Personal Data Protection 7
  • Article   9.11 Principles on Access to and Use of the Internet for Digital Trade 7
  • Article   9.12 Unsolicited Commercial Electronic Messages 7
  • Article   9.13 Cross-Border Flow of Information 7
  • Article   9.14 Open Data 7
  • Article   9.15 Digital Government 7
  • Article   9.16 Digital and Electronic Invoicing 7
  • Article   9.17 Digital and Electronic Payments 7
  • Article   9.18 Digital Identities 7
  • Article   9.19 Artificial Intelligence 7
  • Article   9.20 Cooperation 7
  • Chapter   10 INVESTMENT 7
  • Article   10.1 Georgia-UAE Bilateral Investment Agreement 7
  • Article   10.2 Objectives and Promotion of Investment 7
  • Article   10.3 Non-Application of Chapter 15 (Dispute Settlement) 7
  • Article   10.4 Non-Application of other Lnternational Treaties 7
  • Chapter   11 INTELLECTUAL PROPERTY 7
  • Section   A General Provisions 7
  • Article   11.1 Definitions 7
  • Article   11.2 Objectives 7
  • Article   11.3 Principles 7
  • Article   11.4 Nature and Scope of Obligations 7
  • Article   11.5 International Agreements 7
  • Article   11.6 Intellectual Property and Public Health 7
  • Article   11.7 National Treatment 7
  • Article   11.8 Transparency 8
  • Article   11.9 Application of Chapter to Existing Subject 8
  • Article   11.10 Exhaustion of Intellectual Property Rights 8
  • Section   B Cooperation 8
  • Article   11.11 Cooperation Activities and Initiatives 8
  • Article   11.12 Patent Cooperation 8
  • Section   C Trademarks 8
  • Article   11.13 Types of Signs Registrable as Trademarks 8
  • Article   11.14 Collective and Certification Marks 8
  • Article   11.15 Use of Identical or Similar Signs 8
  • Article   11.6 Exceptions 8
  • Article   11.17 Well-Known Trademarks 8
  • Article   11.18 Procedural Aspects of Examination, Opposition and Cancellation 8
  • Article   11.19 Electronic Trademarks System 8
  • Article   11.20 Classification of Goods and Services 8
  • Article   11.21 Term of Protection for Trademarks 8
  • Article   11.22 Non-Recordal of a License 8
  • Section   D Country Names 8
  • Article   11.23 Country Names 8
  • Section   E Geographical Indications 8
  • Article   11.24 Recognition of Geographical Indications 8
  • Article   11.25 Administrative Procedures for the Protection of Geographical Indications 8
  • Article   11.26 Date of Protection of a Geographical Indication 8
  • Section   F Patents (5) 8
  • Article   11.27 Procedural Aspects of Examination, Opposition and Invalidation of Certain Registered Patent 8
  • Article   11.28 Amendments, Corrections, and Observations 8
  • Article   11.29 Exceptions 8
  • Section   G Industrial Design 8
  • Article   11.30 Industrial Design Protection 8
  • Article   11.31 Grace Period for Industrial Design 8
  • Article   11.32 Procedural Aspects of Examination, Opposition and Invalidation of Certain Registered Industrial Designs 8
  • Article   11.33 Amendments and Corrections 8
  • Article   11.34 Exceptions 8
  • Section   H Protection of Undisclosed Test or other Data 8
  • Article   11.35 Protection of Undisclosed Test or other Data for Pharmaceutical Products 8
  • Section   I Copyright and Related Rights 8
  • Article   11.36 General Provisions 8
  • Article   11.37 Term of Protection for Copyright and Related Rights 8
  • Article   11.38 Limitations and Exceptions 8
  • Article   11.39 Balance In Copyright and Related Rights Systems 8
  • Article   11.40 Contractual Transfers 8
  • Article   11.41 Obligations Concerning Protection of Technological Measures and Rights Management Information 8
  • Article   11.42 Collective Management 8
  • Section   J Enforcement 9
  • Article   11.43 General Obligation In Enforcement 9
  • Article   11.44 Border Measures 9
  • Chapter   12 GOVERNMENT PROCUREMENT 9
  • Article   12.1 Government Procurement 9
  • Article   12.2 Non-Application of Dispute Settlement 9
  • Chapter   13 SMALL AND MEDIUM-SIZED ENTERPRISES 9
  • Article   13.1 General Principles 9
  • Article   13.2 Cooperation to Increase Trade and Investment Opportunities for SMEs 9
  • Article   13.3 Information Sharing 9
  • Article   13.4 Non-Application of Dispute Settlement 9
  • Chapter   14 ECONOMIC COOPERATION 9
  • Article   14.1 Objectives 9
  • Article   14.2 Scope 9
  • Article   14.3 Competition Policy 9
  • Article   14.4 Means of Cooperation 9
  • Article   14.5 Non-application of Dispute Settlement 9
  • Chapter   15 DISPUTE SETTLEMENT 9
  • Article   15.1 Objective 9
  • Article   15.2 Cooperation 9
  • Article   15.3 Scope of Application 9
  • Article   15.4 Contact Points 9
  • Article   15.5 Request for Information 9
  • Article   15.6 Consultations 9
  • Article   15.7 Good Offices, Conciliation or Mediation 9
  • Article   15.8 Establishment of a Panel 9
  • Article   15.9 Composition of a Panel 9
  • Article   15.10 Decision on Urgency 9
  • Article   15.11 Requirements for Panelists 9
  • Article   15.12 Replacement of Panelists 9
  • Article   15.13 Functions of the Panel 9
  • Article   15.14 Terms of Reference 9
  • Article   15.15 Rules of Interpretation 9
  • Article   15.16 Procedures of the Panel 9
  • Article   15.17 Receipt of Information 9
  • Article   15.18 Interim Report 10
  • Article   15.19 Final Report 10
  • Article   15.20 Implementation of the Final Report 10
  • Article   15.21 Reasonable Period of Time for Compliance 10
  • Article   15.22 Compliance Review 10
  • Article   15.23 Temporary Remedies In Case of Non-Compliance 10
  • Article   15.24 Review of Any Measure Taken to Comply after the Adoption of Temporary Remedies 10
  • Article   15.25 Suspension and Termination of Proceedings 10
  • Article   15.26 Choice of Forum 10
  • Article   15.27 Costs 10
  • Article   15.28 Mutually Agreed Solution 10
  • Article   15.29 Time Periods 10
  • Article   15.30 Annexes 10
  • ANNEX 15A  RULES OF PROCEDURE FOR THE PANEL 10
  • ANNEX 15B  CODE OF CONDUCT FOR PANELISTS AND OTHERS ENGAGED IN DISPUTE SETTLEMENT PROCEEDINGS UNDER THIS AGREEMENT (1) 10
  • Chapter   16 EXCEPTIONS 10
  • Article   16.1 General Exceptions 10
  • Article   16.2 Security Exceptions 10
  • Article   16.3 Taxation 11
  • Chapter   17 ADMINISTRATION OF THE AGREEMENT 11
  • Article   17.1 Joint Committee 11
  • Article   17.2 Rules of Procedures of the Joint Committee 11
  • Article   17.3 Communications 11
  • Chapter   18 FINAL PROVISIONS 11
  • Article   18.1 Annexes and Footnotes 11
  • Article   18.2 Amendments 11
  • Article   18.3 Accession 11
  • Article   18.4 Duration and Termination 11
  • Article   18.5 Entry Into Force 11
  • Article   18.6 Authentic Texts 11
  • ANNEX 18A  ENERGY RESOURCES SECTOR 11