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 TFA 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;
(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 4.13. Review and Appeal
1. 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 independent (3) 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 1 notifies the person in writing of its detennination or decision in the review or appeal, and the reasons for the determination or decision.
Article 4.14. Customs Cooperation
1. 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 shall facilitate 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
1. Nothing in this Agreement shall be construed to require a Party to furnish or allow access to confidential 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 information 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 information obtained pursuant to this Chapter and shall protect that information from disclosure that could prejudice the competitive position of the persons providing the information.
Chapter 5. SANITARY AND PHYTOSANITARY MEASURES
Article 5.1. Definitions
1. 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
1. The objectives of this Chapter are to:
(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.
Article 5.3. Scope
1. This Chapter shall apply to all sanitary and phytosanitary measures of a 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
1. 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
1. 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.
Article 5.7. Emergency Measures
1. 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
1. 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 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 of a good into that Party's territory.
Article 5.9. Cooperation
1. 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.
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
1. 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
1. 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 of this Chapter; and
(d) share information on any sanitary or phytosanitary issue that has arisen between them.
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.
Chapter 6. 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.
Article 6.3. Scope
1. This Chapter shall apply to standards, technical regulations, and conformity 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).
Article 6.4. Affirmation of the TBT Agreement
The Parties affirm their existing rights and obligations with respect to each other under the TBT Agreement.
Article 6.5. Standards
1. 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 conformity 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 (IEC), the International Telecommunication Union (ITU) and the Codex Alimentarius 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
1. 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.
Article 6.7. Conformity Assessment Procedures
1. 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 recognition 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 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
1. 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 1, 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.
Article 6.9. Transparency
1. 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. Information Exchange and Technical Discussions
1. 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.
Chapter 7. TRADE REMEDIES
Article 7.1. Anti-Dumping and Countervailing Measures
General
1. 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.