2. A Party shall, on request of the other Party, give due consideration to any sector-specific proposal for cooperation under this Chapter.
3. The Parties shall encourage cooperation between their respective organisations responsible for standardisation, conformity assessment, accreditation and metrology, whether they are public or private, with a view to facilitating trade.
Article 6.10. Information Exchange and Technical Discussions
1. A Party may request the other Party to provide information on any matter arising under this Chapter. A Party receiving a request under this paragraph shall provide that information within a reasonable period of time, and if possible, by electronic means.
2. A Party may request technical discussions with the other Party with the aim of resolving any matter that arises under this Chapter.
3. For greater certainty, a Party may request technical discussions with the other Party regarding technical regulations or conformity assessment procedures of regional or local governments on a level directly below that of the central government that may have a significant effect on trade.
4. Unless the Parties that participate in the technical discussions agree otherwise, the discussions and any information exchanged in the course of the discussions shall be confidential and without prejudice to the rights and obligations of the Parties under this Agreement, the WTO Agreement or any other agreement to which both Parties are party.
5. Requests for information or technical discussions and communications shall be conveyed through the respective contact points designated pursuant to Article 6.11.
Article 6.11. Contact Points
1. Within 60 days of the date of entry into force of this Agreement, each Party shall designate a contact point for matters arising under this Chapter and under Chapter 5 (Sanitary and Phytosanitary Measures).
2. A Party shall promptly notify the other Party of any change of its contact point or the details of the relevant officials.
3. The responsibilities of each contact point shall include:
(a) communicating with the other Party's contact points, including facilitating discussions, requests, and the timely exchange of information on matters arising under this Chapter;
(b) communicating with and coordinating the involvement of relevant government agencies, including regulatory authorities, in its territory on relevant matters pertaining to this Chapter; and
(c) consulting and if appropriate, coordinating with interested persons in its territory on relevant matters pertaining to this Chapter.
Chapter 7. TRADE REMEDIES
Article 7.1. Scope
1. With respect to the UAE, this Chapter shall apply to investigations and measures that are taken under the authority of the Minister of Economy pursuant to Articles (2) through (4) and (8) of Federal Law No. (1) of 2017 on Anti-dumping, Countervailing and Safeguard Measures.
2. With respect to Colombia, the investigative authority will be the Ministry of Trade, Industry, and Tourism pursuant to the law related to Anti-dumping, Countervailing and Safeguard Measures.
Article 7.2. Anti-Dumping and Countervailing Measures
General Provisions
1. The Parties recognise the right to apply measures consistent with Article VI of the GATT 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. A Party shall not have recourse to dispute settlement under Chapter 18 (Dispute Settlement) 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, and no later than 10 days before initiating an investigation, 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 in countervailing duties, 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 their national laws;
(d) In any proceeding in which the investigating authorities determine to conduct on the spot 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 at least 10 working days advance notice of the dates on which the authorities intend to conduct on the spot verification of the information; and
(ii) at least five working days prior to the on-the-spot 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; (3)
(e) If, in an anti-dumping or countervailing duty action that involves imports from the other 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 7.3. Bilateral Safeguard Measures
Definitions
1. For the purposes of this Article:
bilateral safeguard measure means a measure described in paragraph 0;
domestic industry means, with respect to an imported good, the producers as a whole of the like or directly competitive good operating within the territory of a Party, or those producers whose collective production of the like or directly competitive good constitutes a major proportion of the total domestic production of that good;
originating goods as referred to in Chapter 3 (Rules of Origin);
serious injury means a significant overall impairment in the position of a domestic industry;
threat of serious injury means serious injury that, on the basis of facts and not merely allegation, conjecture or remote possibility, is clearly imminent; and
transition period means, in relation to a particular good the period of the staged tariff elimination for that good.
General Provisions
2. If, as a result of the reduction or elimination of a customs duty under this Agreement, an originating good of the other Party is being imported into the territory of the other Party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions that the imports of such originating good from the other Party cause serious injury, or threat thereof, to a domestic industry producing a like or directly competitive good, the Party may:
(a) suspend the further reduction of any rate of customs duty on the good provided for under this Agreement;
(b) increase the rate of customs duty on the good to a level not to exceed the lesser of:
(i) the most-favoured-nation (MFN) applied rate of duty on the good in effect at the time the action is taken; and
(ii) the MFN applied rate of duty on the good in effect on the day immediately preceding the date this Agreement enters into force.
3. The Party that applies a bilateral safeguard measure may establish tariff quota for the product concerned under the agreed preference/concession established in this Agreement. If a quota is applied, such a measure shall not reduce the quantity of imports to a level below the average of imports before the existence of serious injury.
Notification and Consultation
4. A Party shall notify the other Party in writing or by electronic communication:
(a) immediately on initiation of an investigation described in paragraph 9;
(b) immediately upon making a finding of serious injury or threat thereof caused by increased imports;
(c) before applying provisional measures pursuant to paragraph 16; and
(d) no less than 20 days in advance of applying a definitive bilateral safeguard measure or extending a bilateral safeguard measure.
5. A Party shall consult with the other Party as far in advance of applying a bilateral safeguard measure as practicable, with a view to reviewing the information arising from the investigation and exchanging views on the measure.
6. In making the notification referred, to in subparagraph 4(b) the Party shall provide the other Party with a copy of the public version of its competent investigating authority?s report under paragraph 4(b).
7. If a Party whose goods are subject to a bilateral safeguard proceeding under this Chapter requests to hold consultations within 10 days from receipt of a notification as specified in subparagraphs 4(c) and
(d), the Party conducting that proceeding shall enter into consultations with the requesting Party with a view to finding an appropriate and mutually satisfactory solution.
8. The consultations under paragraph 7 shall take place in the Trade in Goods Subcommittee. In the absence of a decision or if no satisfactory solution is reached within 20 days of the notification being made, the Party may apply bilateral safeguard measures. The results of the discussions shall be reported to the Joint Committee.
Conditions and Limitations
9. A Party shall apply a safeguard measure only following an investigation by the Party?s competent authorities in accordance with Articles 3 and 4.2(c) of the Safeguards Agreement, and to this end, Articles 3 and 4.2(c) of the Safeguards Agreement are incorporated into and made a part of this Agreement, mutatis mutandis.
10. In the investigation described in paragraph 9, the Party shall comply with the requirements of Article 4.2(a) of the Safeguards Agreement, and to this end, Article 4.2(a) of the Safeguards Agreement is incorporated into and made a part of this Agreement, mutatis mutandis.
11. Each Party shall ensure that its competent authorities complete any such investigation within one year of its date of initiation.
12. A Party shall not apply a bilateral safeguard measure:
(a) except to the extent, and for such time, as may be necessary to prevent or remedy serious injury and to facilitate adjustment;
(b) for a period exceeding two years, except that the period may be extended by up to two years if the competent authorities of the importing Party determine, in conformity with the procedures specified in this Article, that the measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the industry is adjusting, provided that the total period of application of a bilateral safeguard measure, including the period of initial application and any extension thereof, shall not exceed three years; or
(c) beyond the expiration of the transition period, except with the consent of the other Party.
13. No bilateral safeguard measure shall be applied again to the import of a product which has been previously subject to such measure for a period of time equal to the period during which the previous measure was applied.
14. Where the expected duration of the bilateral safeguard measure is over one year, the importing Party shall progressively liberalise it at regular intervals.
15. When a Party terminates a bilateral safeguard measure, the rate of customs duty shall be the rate that, according to the Party?s Schedule to Annex 2B (Reduction or Elimination of Customs Duties), would have been in effect but for the measure.
Provisional Measures
16. In critical circumstances where delay would cause damage that would be difficult to repair, a Party may apply a bilateral safeguard measure on a provisional basis pursuant to a preliminary determination by its competent authorities that there is clear evidence that imports of an originating good from the other Party have increased as the result of the reduction or elimination of a customs duty under this Agreement, and such imports have caused serious injury, or threat thereof, to the domestic industry.
17. If a Party's competent authorities make a preliminary determination, the Party shall make such determination available to interested parties, and shall provide interested parties at least 15 days after such disclosure to comment and submit their arguments with respect to such determinations. A Party may not apply a provisional measure until at least 45 days after the date its competent authorities initiate an investigation.
18. The duration of any provisional measure shall not exceed 200 days, during which time the Party shall comply with the requirements of paragraphs 9 and 10.
19. The Party applying the provisional safeguard measure shall promptly refund any tariff increases if the investigation described in paragraph 9 does not result in a finding that the requirements of paragraph 0 are met. The duration of any provisional measure shall be counted as part of the period described in paragraph 11(b).
Compensation
20. No later than 30 days after it applies a bilateral safeguard measure, a Party shall afford an opportunity for the other Party to consult with it regarding appropriate trade liberalising compensation in the form of concessions having substantially equivalent trade effects or equivalent to the value of the additional duties expected to result from the bilateral safeguard measure. The applying Party shall provide such compensation as the Parties mutually agree.
21. If the Parties are unable to agree on compensation within 30 days after consultations begin, the Party against whose originating good the measure is applied may suspend the application of concessions with respect to originating goods of the applying Party that have trade effects substantially equivalent to the bilateral safeguard measure. The Party exercising the right of suspension may suspend the application of concessions only for the minimum period necessary to achieve the substantially equivalent effects.
22. A Party against whose good the bilateral safeguard measure is applied shall notify the Party applying the bilateral safeguard measure in writing at least 30 days before it suspends concessions in accordance with paragraph 21.
23. The right of suspension referred in paragraph 21 shall not be exercised for the first 24 months during which a bilateral safeguard measure is in effect, provided that the safeguard measure has been applied as a result of an absolute increase in imports and conforms to the provisions of this Agreement.
24. The applying Party 's obligation to provide compensation under paragraph 20 and the other Party 's right to suspend concessions under paragraph 21 shall terminate on the date the bilateral safeguard measure terminates.
Article 7.4. Global Safeguard Measures
1. Each Party retains its rights and obligations under Article XIX of GATT 1994 and the 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 (4) of serious injury or threat thereof. (5)
2. Neither Party may apply, with respect to the same good, at the same time:
(a) a bilateral safeguard measure as provided in Article 7.3; and
(b) a measure under Article XIX of GATT 1994 and the Safeguards Agreement.
3. The following conditions and limitations shall apply to a proceeding that may result in global safeguard measures under paragraph 1:
(a) the Party initiating such a proceeding shall, without delay, deliver to the other Party written notice thereof;
(b) upon termination of the measure, the rate of a customs duty or tariff quota shall be the rate which would have been in effect had the measure not been imposed.
4. A Party shall not have recourse to dispute settlement under Chapter 18 (Dispute Settlement) for any matter arising under this Article.
Chapter 8. GOVERNMENT PROCUREMENT
Article 8.1. Government Procurement
1. The Parties recognise the importance of cooperation in the area of Government Procurement in accordance with their respective laws and regulations.
2. Either Party may request the other Party to enter into discussions to negotiate a new chapter on Government Procurement, which if successfully negotiated and finalised, shall form an integral part of this Agreement. In the course of such negotiations, the Parties shall give due consideration to their respective laws, regulations, and best practices.
Chapter 9. INVESTMENT
Article 9.1. UAE-Colombia Bilateral Investment Treaty
The Parties commit to intensify, to their mutual benefit, economic cooperation between them with respect to investments made by investors of a Party in the territory of the other Party. The Parties further recognise the importance of promoting such investments through favourable and transparent conditions, including under future agreements between the Parties.
Article 9.2. Promotion of Investment
The Parties affirm their commitment to promote an attractive investment climate.
Article 9.3. Technical Council
The Parties shall establish a UAE-Colombia Technical Council on Investment (hereinafter referred to as the "Council"), which shall be composed of representatives of both Parties. The side of the UAE will be chaired by the Under Secretary of the UAE Ministry of Finance, or their authorised representative, and the side of Colombia will be chaired by the Viceminister of Trade of Colombia, or their authorised representative.
Article 9.4. Objectives of the Council
The objectives of the Council are to:
(a) promote and enhance investment cooperation and facilitation between the Parties;
(b) monitor investment and trade relations, to identify opportunities for expanding investment, and to identify issues relevant to investment that may be appropriate for further discussion in the Council;
(c) hold consultations on specific investment matters of interest to the Parties;
(d) work toward the promotion of investment flows;
(e) identify and work toward the removal of impediments and facilitate investment flows; and
(f) seek the views of the private sector, where appropriate, on matters related to the work of the Council.
Article 9.5. Role of the Council
The Council shall meet at such venue and time-period as the Parties agree. A Party may refer a specific investment matter to the Council by delivering a written request to the other Party that includes a description of the matter concerned. The Council shall take up the matter promptly after the request is delivered, unless the requesting Party agrees to postpone the discussion of the matter. The Parties shall avail themselves of the opportunity to discuss the matter and shall endeavour to resolve the matter amicably in the Council keeping in mind the objective of promoting and facilitating investment.
Article 9.6. Non-Application of Dispute Settlement
A Party shall not have recourse to dispute settlement under Chapter 18 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 10. TRADE IN SERVICES
Article 10.1. Definitions
For the purposes 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 of a juridical 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;
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;
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 juridical 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) or State entities of the other Party;
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: