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;
(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 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 GATT 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 GATT 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 cause (3) of serious injury or threat thereof. (4)
Article 7.3. Cooperation In Trade Remedies Investigations
1. 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;
(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 that 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.
Chapter 8. TRADE IN SERVICES
Article 8.1. Definitions
For the purpose of this Chapter:
Aircraft repair and maintenance services mean such activities 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;
Computer 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 of a Party if more than 50 percent of the equity interest in it is beneficially owned by persons of that Party;
(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 resident (1) 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;
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, nor 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 (2)
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 of a Party to the service consumer of the other Party;
(c) by a service supplier of a 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, 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.
Article 8.2. 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 permanent 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.
Article 8.3. Schedules of Specific Commitments
1. Each Party shall set out in a schedule, called its Schedule of Specific Commitments, the specific 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 case 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 8A and 8B (Schedules of Specific Commitments).
Article 8.4. Most-Favoured Nation Treatment
1. 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 GATS, as well as treatment granted in accordance with Article VII of the GATS or prudential measures in accordance with the GATS 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 (GAFTA); or
(c) Treatment granted by Georgia to services and service suppliers of the European Union Member States under the Association Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and Georgia, of the other part.
3. The rights and obligations of the Parties in respect of advantages accorded to adjacent countries shall be governed by paragraph 3 of Article 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-Party, it shall negotiate, upon request by the other Party, the incorporation into this Agreement of a treatment no less 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
1. With respect to market access through the modes of supply identified in the definition of "trade in services" contained in Article 8.1 (Definitions) each Party shall accord services and servic suppliers of the other Party treatment no less favourable than that provided for under the terms, limitations and conditions agreed and specified in its Schedule 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 of a regional subdivision or on the basis of its entire territory, unless otherwise specified in its schedule 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 expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test; (5)
(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 of legal entity or joint venture through which a service supplier may supply a service; and
(f) 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
1. 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 1 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.
Article 8.8. 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 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
1. 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 of an 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 timeframe; 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;
(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 GATS, with a view to incorporating them into this Chapter.
Article 8.10. Recognition
1. 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 experience 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.