Australia - China FTA (2015)
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ANNEX 10-A. Specific commitments on the movement of natural persons

Section A. Australia's Specific Commitments

1. Australia requires a natural person of China seeking temporary entry to its territory under the provisions of Chapter 10 (Movement of Natural Persons) and this Annex to obtain appropriate immigration formalities prior to entry. Grant of temporary entry in accordance with this Annex is contingent on meeting eligibility requirements contained within Australia's migration law and regulations, as applicable at the time of an application for grant of temporary entry. Eligibility requirements for grant of temporary entry in accordance with paragraphs 5 through 11 of this Annex include, but are not limited to, employer nomination and occupation requirements.

BUSINESS VISITORS OF CHINA

2. Entry and temporary stay shall be granted to business visitors of China referred to in paragraph 4(a) for a period of up to 90 days.

3. Entry and temporary stay shall be granted to business visitors of China referred to in paragraph 4(b) for a period of up to six months, with the possibility of further stay for up to one year.

4. A business visitor of China means a natural person of China who is:

(a) seeking to travel to Australia for business purposes, including for investment purposes, whose remuneration and financial support for the duration of the visit must be derived from sources outside Australia, and who must not engage in making direct sales to the general public or in supplying goods or services themselves; or

(b) a service seller, who is a natural person not based in Australia whose remuneration and financial support for the duration of the visit must be derived from sources outside Australia, and who is a sales representative of a service supplying enterprise, seeking temporary entry for the purpose of negotiating for the sale of services or entering into agreements to sell services for that service supplying enterprise.

INTRA-CORPORATE TRANSFEREES OF CHINA

5. Entry and temporary stay shall be granted to intra-corporate transferees of China referred to in paragraph 6(a), (b) and (c) for a period of up to four years, with the possibility of further stay.

6. An intra-corporate transferee of China means an employee of an enterprise of China established in Australia through a branch, subsidiary or affiliate which is lawfully and actively operating in Australia, who is transferred to fill a position in the branch, subsidiary or affiliate of the enterprise in Australia, and who is:

(a) an executive or a senior manager, who is a natural person responsible for the entire or a substantial part of the operations of the enterprise in Australia, receiving general supervision or direction principally from higher-level executives, the board of directors or stockholders of the enterprise, including directing the enterprise or a department or subdivision of it; supervising and controlling the work of other supervisory, professional or managerial employees; and having the authority to establish goals and policies of the department or subdivision of the enterprise; or

(b) a specialist, who is a natural person with advanced trade, technical or professional skills and experience who must be assessed as having the necessary qualifications, or alternative credentials accepted as meeting Australia's standards, for that occupation, and who must have been employed by the employer for not less than two years immediately preceding the date of the application for temporary entry.

(c) a manager, who is a natural person within an enterprise who primarily directs the enterprise or a department or subdivision of the enterprise, supervises and controls the work of other supervisory, professional or managerial employees, has the authority to hire and fire or take other personnel actions (such as promotion or leave authorisation), and exercises discretionary authority over day-to-day operations. This does not include a first-line supervisor unless the employees supervised are professionals.

INDEPENDENT EXECUTIVES OF CHINA

7. Entry and temporary stay shall be granted to independent executives of China for a period of up to four years.

8. An independent executive of China means an executive of an enterprise headquartered in China who is establishing a branch or subsidiary of that enterprise in Australia, and who is a natural person that will be responsible for the entire or a substantial part of the enterprise's operations in Australia, receiving general supervision or direction principally from higher-level executives, the board of directors or stockholders of the enterprise, including directing the enterprise or a department or subdivision of it; supervising and controlling the work of other supervisory, professional or managerial employees; and having the authority to establish goals and policies of the department or subdivision of the enterprise.

CONTRACTUAL SERVICE SUPPLIERS OF CHINA

9. Entry and temporary stay shall be granted to contractual service suppliers of China for a period of up to four years, with the possibility of further stay.

10. Accontractual service supplier of China means a natural person of China who has trade, technical or professional skills and experience and who is assessed as having the necessary qualifications, skills and work experience accepted as meeting Australia's standards for their nominated occupation and is:

(a) an employee of an enterprise of China that has concluded a contract for the supply of a service within Australia and which does not have a commercial presence within Australia; or

(b) engaged by an enterprise lawfully and actively operating in Australia in order to supply a service under a contract within Australia.

11. Entry and temporary stay shall be granted for a period of up to four years, with the possibility of further stay, for up to a combined total of 1,800 per year, of Chinese chefs, Wushu martial arts coaches, Mandarin language tutors and Traditional Chinese Medicine practitioners, entering as contractual service suppliers of China.

INSTALLERS AND SERVICERS OF CHINA

12. Entry and temporary stay shall be granted to installers and servicers of China for a period of up to three months.

13. A natural person of China is an installer or servicer of machinery and/or equipment where such installation and/or servicing by the supplying company is a condition of purchase of the said machinery or equipment. An installer or servicer must abide by Australian workplace standards and conditions and cannot perform services which are not related to the installation or servicing activity which is the subject of the contract.

ACCOMPANYING SPOUSES AND DEPENDANTS

14. ‘For anatural person of China who has been granted the right of entry and temporary stay under this Chapter for a period of longer than 12 months and who has a spouse or dependant, Australia shall, upon application, grant the accompanying spouse or dependant the right of entry and temporary stay, movement and work for an equal period to that of the natural person.

Section B. China's Specific Commitments

(See China's Schedule of Specific Commitments in Annex III.)

Chapter 11. Intellectual Property

Article 11.1. Purpose and Principles

The purpose of this Chapter is to increase the benefits from trade and investment through the protection and enforcement of intellectual property rights. The Parties recognise that:

(a) establishing and maintaining transparent intellectual property systems and promoting and maintaining adequate and effective protection and enforcement of intellectual property rights provides certainty to rights holders and users;

(b) protecting and enforcing intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology;

(c) intellectual property protection promotes economic and _ social development and can reduce distortion and obstruction to international trade;

(d) intellectual property systems should support open, innovative and efficient markets, including through the effective creation, utilisation, protection and enforcement of intellectual property rights, appropriate limitations and exceptions, and an appropriate balance between the legitimate interests of rights holders, users and the public interest;

(e) intellectual property systems should not themselves become barriers to legitimate trade;

(f) appropriate measures, provided they are consistent with the provisions of the TRIPS Agreement (1) and this Chapter, may be needed to prevent the abuse of intellectual property rights by right holders, or the resort to ptactices which unreasonably restrain trade, are anticompetitive or adversely affect the international transfer of technology; and

(g) appropriate measures to protect public health and nutrition may be adopted provided they are consistent with the TRIPS Agreement and this Chapter.

(1) For greater certainty, "TRIPS Agreement" includes any amending protocol in force and any waiver made between the Parties of any provision of the TRIPS Agreement granted by WTO Members in accordance with the WTO Agreement.

Article 11.2. Definitions

For the purposes of this Chapter, unless the contrary intention appears:

(a) intellectual property rights refers to copyright and related rights, rights in trade marks, geographical indications, industrial designs, patents and layout-designs (topographies) of integrated circuits, rights in plant varieties, and rights in undisclosed information, as defined and described in the TRIPS Agreement;

(b) national of a Party includes, in respect of the relevant right, an entity of that Party that would meet the criteria for eligibility for protection provided for in the agreements listed in Article 1.3 of the TRIPS Agreement;

(c) TRIPS Agreement means the Agreement on Trade-Related Aspects of Intellectual Property Rights, contained in Annex 1C to the WTO Agreement; and

(d) WIPO means the World Intellectual Property Organization.

Article 11.3. Obligations Are Minimum Obligations

Each Party shall, at a minimum, give effect to the provisions of this Chapter. A Party may, but shall not be obliged to, provide more extensive protection for, and enforcement of, intellectual property rights than this Chapter requires, provided that this additional protection and enforcement is not inconsistent with the provisions of this Agreement. Each Party shall be free to determine the appropriate method of implementing the provisions of this Chapter within its own legal system and practice.

Article 11.4. International Agreements

Each Party affirms its commitment to the TRIPS Agreement and any other multilateral agreement relating to intellectual property to which both Parties are party.

Article 11.5. National Treatment

1. In respect of intellectual property rights covered in this Chapter, each Party shall accord to nationals of the other Party treatment no less favourable than it accords to its own nationals with regard to the protection of such intellectual property rights, subject to the exceptions provided under the TRIPS Agreement and those multilateral agreements concluded under the auspices of WIPO to which the Parties are party.

2. For the purposes of this Article, "protection" includes matters affecting the availability, acquisition, scope, maintenance and enforcement of intellectual property rights, as well as those matters affecting the use of intellectual property rights covered by this Chapter.

3. A Party may derogate from paragraph 1 in relation to its judicial and administrative procedures, including requiring a national of the other Party to designate an address for service in its territory, or to appoint an agent in its territory, provided that such derogation is:

(a) necessary to secure compliance with laws and regulations that are not inconsistent with this Chapter; and

(b) not applied in a manner that would constitute a disguised restriction on trade.

4. Paragraph 1 shall not apply to procedures provided in multilateral agreements to which either Party is a party concluded under the auspices of the WIPO in relation to the acquisition or maintenance of intellectual property rights.

Article 11.6. Transparency

1. To assist with the transparency of the operation of its intellectual property system, each Party shall make its granted or registered patent for invention, utility model, industrial design, plant variety protection, geographical indication and trade mark databases available on the internet.

2. In addition, each Party shall endeavour to publish and make available on the internet patent for invention, trade mark, plant variety protection and geographical indication applications.

Article 11.7. Intellectual Property and Public Health

1. The Parties recognise the principles established in the Declaration on the TRIPS Agreement and Public Health adopted on 14 November 2001 (hereinafter referred to as the "Doha Declaration") by the Ministerial Conference of the WTO and confirm that the provisions of this Chapter are without prejudice to the Doha Declaration.

2. The Parties reaffirm their commitment to contribute to the international efforts to the implementation of the Decision of the WTO General Council of 30 August 2003 on the implementation of paragraph 6 of the Doha Declaration, as well as the Protocol amending the TRIPS Agreement, done at Geneva on 6 December 2005.

Article 11.8. Exhaustion

Nothing in this Chapter shall affect the freedom of the Parties to determine whether, and under what conditions, the exhaustion of intellectual property rights applies. The Parties agree to further discuss relevant issues relating to the exhaustion of patent rights.

Article 11.9. Procedures on Acquisition and Maintenance

Each Party shall:

(a) continue to work to enhance its examination and registration systems, including through improving examination procedures and quality systems;

(b) provide applicants with a communication in writing of the reasons for any refusal to grant or register an intellectual property right;

(c) provide an opportunity for interested parties to oppose the grant or registration of an intellectual property right, or to seek either revocation, cancellation or invalidation of an existing intellectual property right;

(d) require that opposition, revocation, cancellation or invalidation decisions be reasoned and in writing; and

(e) for the purposes of this Article, "writing" and "communication in writing" includes writing and communications in an electronic form.

Article 11.10. Amendments, Corrections and Observations on Patent Applications

Each Party shall provide patent applicants with opportunities to make amendments, corrections and observations in connection with their applications in accordance with each Party's laws, regulations and rules.

Article 11.11. Month Publication

Each Party shall publish, and make available online, any patent for invention application promptly after the expiry of 18 months from its filing date or from its earliest priority date, if priority has been claimed, unless the application has been published earlier or has been withdrawn, abandoned or refused.

Article 11.12. Types of Signs as Trade Marks

The Parties agree to cooperate on the means to protect types of signs as trade marks, including visual and sound signs.

Article 11.13. Certification and Collective Trade Marks

Each Party shall provide for the protection of both collective and certification trade marks.

Article 11.14. Well-known Trade Marks

The Parties shall provide protection for well-known trade marks at least in accordance with Article 16.2 and 16.3 of the TRIPS Agreement and Article 6 bis of the Paris Convention for the Protection of Industrial Property, done at Paris on 20 March 1883.

Article 11.15. Geographical Indications

Each Party recognises that geographical indications may be protected through a trade mark or sui generis system or other legal means.

Article 11.16. Plant Breeders' Rights

The Parties, through their competent agencies, shall cooperate to encourage and facilitate the protection and development of plant breeders' rights with a view to:

(a) better harmonising the plant breeders' rights administrative systems of both Parties, including enhancing the protection of species of mutual interest and exchanging information;

(b) reducing unnecessary duplicative procedures between their respective plant breeders' rights examination systems; and

(c) contributing to the reform and further development of the international plant breeders' rights laws, standards and practices, including within the South East Asian region.

Article 11.17. Genetic Resources, Traditional Knowledge and Folklore

1. Subject to each Party's international obligations and its laws, the Parties may establish appropriate measures to protect genetic resources, traditional knowledge and folklore.

2. The Parties agree to further discuss relevant issues concerning genetic resources, traditional knowledge and folklore, taking into account future developments in their respective laws and in multilateral agreements.

Article 11.18. Protection of Undisclosed Information (2)

1. In the course of ensuring effective protection against unfair competition, each Party shall protect undisclosed information in accordance with paragraph 2.

2. Natural and legal persons shall have the possibility of preventing information lawfully within their control from being disclosed to, acquired by, or used by others without their consent in a manner contrary to honest commercial practices (3), so long as such information:

(a) is secret, in that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question;

(b) has commercial value because it is secret; and

(c) has been subject to reasonable steps under the circumstances, taken by the person lawfully in control of the information, to keep it secret.

(2) It is understood that, consistent with the TRIPS Agreement, protection of undisclosed information includes protection of confidential information that is otherwise undisclosed and provided in commercial situations, such as architectural drawings or proprietary commercial-in-confidence information.
(3) For the purposes of this provision, "a manner contrary to honest commercial practices" shall mean, at least, practices such as breach of contract, breach of confidence and inducement to breach, and includes the acquisition of undisclosed information by third parties who knew, or were grossly negligent in failing to know, that such practices were involved in the acquisition.

Article 11.19. Collective Management of Copyright

Each Party shall foster the establishment of appropriate bodies for the collective management of copyright and shall encourage such bodies to operate in a manner that is efficient, publicly transparent and accountable to their members.

Article 11.20. Service Provider Liability

Each Party may take appropriate measures to limit the liability of, or remedies available against, internet service providers for copyright infringement by the users of their online services or facilities, where the internet service providers take action to prevent access to the materials infringing copyright in accordance with the laws and regulations of the Party.

Article 11.21. Enforcement

1. Each Party commits to implementing effective intellectual property enforcement systems with a view to eliminating trade in goods and services infringing intellectual property rights.

2. Each Party shall provide for criminal procedures and penalties in accordance with the TRIPS Agreement to be applied at least in cases of wilful trademark counterfeiting or copyright piracy on a commercial scale. Remedies available shall include imprisonment and/or monetary fines sufficient to provide a deterrent, and consistent with the level of penalties applied for crimes of a corresponding gravity.

Article 11.22. Border Measures

1. Each Party shall ensure that the requirements necessary for a right holder to initiate procedures to suspend the release of goods suspected of being counterfeit trade mark or pirated copyright goods shall not unreasonably deter recourse to these procedures.

2. Where its competent authorities have made a determination that goods are counterfeit trade mark or pirated copyright goods (or have detained such suspected goods), each Party shall provide that its competent authorities have the authority to inform the right holder of at least the names and addresses of the consignor and the consignee, and of the quantity of the goods in question.

3. Each Party shall provide that its customs authorities may initiate border measures ex officio with respect to imported or exported goods suspected of being counterfeit trade mark or pirated copyright goods.

4. Each Party shall ensure that its laws, regulations or policies permit relevant competent authorities, on receipt of information or complaints, to take measures in accordance with its laws to prevent the export of counterfeit trademark or pirated copyright goods.

5. The Parties may exclude from the application of this Article the importation or exportation of small quantities of goods which are considered to be of a non- commercial nature.

Article 11.23. Cooperation — General

1. Each Party shall, on request of the other Party, exchange information:

(a) relating to intellectual property policies in their respective administrations;

(b) on changes to, and developments in the implementation of, their national intellectual property systems; and

(c) on the administration and enforcement of intellectual property rights.

2. Each Party shall, on request of the other Party, consider intellectual property tights issues and questions of interest to private stakeholders.

3. The Parties will consider opportunities for continuing cooperation under established arrangements in areas of mutual interest that aim to improve the operation of the intellectual property rights system, including administrative processes, in each other's jurisdictions. This cooperation could include, but is not necessarily limited to:

(a) work sharing in patent examination;

(b) enforcement of intellectual property rights;

(c) raising public awareness on intellectual property issues;

(d) improvement of patent examination quality and efficiency; and

(e) reducing the complexity and cost of obtaining the grant of a patent. 4. Each Party will consider requests for assistance from the other Party in a public health crisis in accordance with Article 11.7.

Article 11.24. Consultative Mechanism: Committee on Intellectual Property

1. For the purposes of the effective implementation and operation of this Chapter, the Parties hereby establish a Committee on Intellectual Property ("the Committee").

2. The functions of the Committee shall be to: (a) review and monitor the implementation and operation of this Chapter;

(b) discuss any issues related to intellectual property covered by this Chapter; and

(c) report its findings to the FTA Joint Commission.

3. The Committee shall be composed of representatives of each Party. 4. The Committee shall meet at such venues and times and by such means as may be agreed by the Parties.

Chapter 12. Electronic Commerce

Article 12.1. Purpose and Objective

1. The Parties recognise the economic growth and opportunities provided by electronic commerce, the importance of avoiding barriers to its use and development, and the applicability of relevant WTO rules.

2. The objective of this Chapter is to promote electronic commerce between the Parties, including by encouraging cooperation on electronic commerce.

3. The Parties shall endeavour to ensure that bilateral trade through electronic commerce is no more restricted than other forms of trade.

Article 12.2. Definitions

For the purposes of this Chapter:

(a) digital certificates are electronic documents or files that are issued or otherwise linked to a party to an electronic communication or transaction for the purpose of establishing the party's identity;

(b) electronic signature means data in electronic form in, affixed to or logically associated with, a data message, which may be used to identify the signatory in relation to the data message and to indicate the signatory's approval of the information contained in the data message;

(c) electronic version of a document means a document in electronic format prescribed by a Party, including a document sent by facsimile transmission;

(d) personal information means information about an individual whose identity is apparent, or can reasonably be ascertained, from the information;

(e) trade administration documents means forms issued or controlled by the Government of a Party which must be completed by or for an importer or exporter in relation to the import or export of goods;

(f) UNCITRAL means the United Nations Commission on International Trade Law; and

(g) unsolicited commercial electronic message means an electronic message (including a voice service) which is sent for commercial purposes to an electronic address without the consent of the recipient (including where consent has been explicitly refused or withdrawn) using an internet carriage service or other telecommunications service.

Article 12.3. Customs Duties

1. Each Party shall maintain its practice of not imposing customs duties on electronic transmissions between the Parties, consistent with paragraph 5 of the WTO Ministerial Decision of 7 December 2013 in relation to the Work Programme on Electronic Commerce (WT/MIN(13)/32-WT/L/907).

2. Each Party reserves the right to adjust its practice referred to in paragraph 1 in accordance with any further WTO Ministerial Decisions in relation to the Work Programme on Electronic Commerce.

  • Chapter   1 Initial provisions and definitions 1
  • Article   1 Establishment of a free trade area 1
  • Article   1.2 Relation to other agreements 1
  • Article   1.3 General definitions 1
  • Chapter   2 Trade in goods 1
  • Article   2.1 Scope 1
  • Article   2.2 Definitions 1
  • Article   2.3 National treatment on internal taxation and regulation 1
  • Article   2.4 Elimination of customs duties 1
  • Article   2.5 Classification of goods 1
  • Article   2.6 Customs valuation 1
  • Article   2.7 Non-tariff measures 1
  • Article   2.8 Import licensing 1
  • Article   2.9 Administrative fees and formalities 1
  • Article   2 Administration of trade regulations 1
  • Article   2.11 Export subsidies 1
  • Article   2.12 Transparency and review of non-tariff measures 1
  • Article   2.13 Country specific tariff quota 1
  • Article   2.14 Special agricultural safeguard measures 1
  • Article   2.15 Committee on trade in goods 1
  • Article   2.16 Dispute settlement 1
  • Annex 2-A  Country specific tariff quota 1
  • Annex 2-B  Special agricultural safeguard measures 1
  • Chapter   3. Rules of origin and implementation procedures 1
  • Section   A Rules of origin 1
  • Article   3.1 Definitions 1
  • Article   3.2 Originating goods 2
  • Article   3.3 Wholly obtained goods 2
  • Article   3.4 Change in tariff classification 2
  • Article   3.5 Regional value content 2
  • Article   3.6 Cumulation 2
  • Article   3.7 De minimis 2
  • Article   3.8 Accessories, spare parts and tools 2
  • Article   3.9 Fungible materials 2
  • Article   3.10 Packing, packages and containers 2
  • Article   3.11 Neutral elements 2
  • Article   3.12 Minimal operations or processes 2
  • Article   3 Direct consignment 2
  • Section   B Implementation procedures 2
  • Article   3.14 Certificate of origin 2
  • Article   3.15 Declaration of origin 2
  • Article   3.16 Claims for preferential tariff treatment 2
  • Article   3.17 Minor errors or discrepancies 2
  • Article   3.18 Waiver of certificate of origin or declaration of origin 2
  • Article   3.19 Amendments to certificates or declarations of origin 2
  • Article   3.20 Retention of origin documents 2
  • Article   3.21 Verification of origin 2
  • Article   3.22 Denial of preferential tariff treatment 2
  • Article   3.23 Goods transported en route after exportation 2
  • Article   3.24 Review 2
  • ANNEX 3-A  Certificate of origin 3
  • ANNEX 3-B  Declaration of origin china-australia free trade agreement 3
  • Chapter   4 Customs procedures and trade facilitation 3
  • Article   4.1 Scope 3
  • Article   4.2 Definitions 3
  • Article   4.3 Customs procedures and facilitation 3
  • Article   4.4 Cooperation 3
  • Article   4.5 Risk management 3
  • Article   4.6 Application of information technology 3
  • Article   4.7 Transparency 3
  • Article   4.8 Review and appeal 3
  • Article   4.9 Advance rulings 3
  • Article   4.10 Release of goods 3
  • Article   4.11 Perishable goods 3
  • Article   4.12 Temporary admission of goods 3
  • Article   4.13 Acceptance of copies 3
  • Article   4.14 Consultation 4
  • Chapter   5 Sanitary and phytosanitary measures 4
  • Article   5.1 Objectives 4
  • Article   5.2 Scope 4
  • Article   5.3 Definitions 4
  • Article   5.4 International obligations 4
  • Article   5.5 Transparency 4
  • Article   5.6 Cooperation 4
  • Article   5.7 Regionalisation and equiv alence 4
  • Article   5.8 Control, inspection and approval procedures 4
  • Article   5.9 Technical assistance and capacity building 4
  • Article   5.10 Consultation and dispute settlement 4
  • Article   5.11 Committee on sanitary and phytosanitary measures 4
  • Chapter   6 Technical barriers to trade 4
  • Article   6.1 Objectives 4
  • Article   6.2 Scope 4
  • Article   6.3 Definitions 4
  • Article   6.4 Affirmation of the tbt agreement 4
  • Article   6.5 International standards 4
  • Article   6.6 Technical regulations 4
  • Article   6.7 Conformity assessment procedures 4
  • Article   6.8 Transparency 4
  • Article   6.9 Trade facilitation 4
  • Article   6.10 Information exchange 4
  • Article   6.11 Cooperation and technical assistance 4
  • Article   6.12 Consultation and dispute settlement 4
  • Article   6.13 Committee on technical barriers to trade 4
  • Chapter   7 Trade Remedies 5
  • Article   7.1 Definitions 5
  • Article   7.2 Application of a Bilateral Safeguard Measure 5
  • Article   7.3 Scope and Duration of Bilateral Safeguard Measures 5
  • Article   7.4 Investigation Procedures and Transparency Requirements 5
  • Article   7.5 Provisional Bilateral Safeguard Measures 5
  • Article   7.6 Notification and Consultation 5
  • Article   7.7 Compensation 5
  • Article   7.8 Global Safeguard 5
  • Article   7.9 Anti-dumping Measures 5
  • Article   7.10 Subsidies and Countervailing Measures 5
  • Chapter   8 Trade In Services 5
  • Section   Scope and Definitions 5
  • Article   8.1 Scope 5
  • Article   8.2 Definitions 5
  • Section   II Scheduling Approach 5
  • Article   8.3 Scheduling of Commitments 5
  • Section   A Positive Listing Approach 5
  • Article   8.4 Schedule of Specific Commitments 5
  • Article   8.5 National Treatment 5
  • Article   8.6 Market Access 5
  • Article   8.7 Most-favoured-nation Treatment 6
  • Article   8.8 Additional Commitments 6
  • Section   B Negative Listing Approach 6
  • Article   8.9 Schedule of Non-conforming Measures 6
  • Article   8.10 National Treatment 6
  • Article   8.11 Market Access 6
  • Article   8.12 Most-favoured-nation Treatment 6
  • Section   III Other Provisions 6
  • Article   8.13 Domestic Regulation 6
  • Article   8.14 Recognition 6
  • Article   8.15 Qualifications Recognition Cooperation 6
  • Article   8.16 Payments and Transfers 6
  • Article   8.17 Denial of Benefits 6
  • Article   8.18 Transparency 6
  • Article   8.19 Telecommunication Services 6
  • Article   8.20 Committee on Trade In Services 6
  • Article   8.21 Contact Points 6
  • Article   8.22 Modification of Schedules 6
  • Article   8.23 Monopolies and Exclusive Service Suppliers 6
  • Article   8.24 Review 6
  • Article   8.25 Cooperation 6
  • ANNEX 8-A  Sector coverage under article 8.7 6
  • ANNEX 8-B  Financial services 7
  • Article   1 Scope 7
  • Article   2 Definitions 7
  • Article   3 Domestic Regulation 7
  • Article   4 Recognition 7
  • Article   5 Regulatory Transparency 7
  • Article   6 Dispute Settlement 7
  • Article   7 Committee on Financial Services 7
  • Article   8 Consultations 7
  • Chapter   9 Investment 7
  • Section   A Investment 7
  • Article   9 Definitions 7
  • Article   9.2 Scope 7
  • Article   9.3 National Treatment 7
  • Article   9.4 Most-favoured-nation Treatment (2) 7
  • Article   9.5 Non-conforming Measures (4) 7
  • Article   9.6 Denial of Benefits 7
  • Article   9.7 Committee on Investment 7
  • Article   9.8 General exceptions 8
  • Article   9.9 Future work program 8
  • Section   B Investor-state dispute settlement 8
  • Article   9 Definitions 8
  • Article   9.11 Consultations 8
  • Article   9.12 Submission of a claim to arbitration 8
  • Article   9.13 Consent of each party to arbitration 8
  • Article   9.14 Conditions and limitations on consent of each party 8
  • Article   9.15 Constitution of the tribunal 8
  • Article   9.16 Conduct of the arbitration 8
  • Article   9.17 Transparency of arbitral proceedings 8
  • Article   9.18 Governing law 8
  • Article   9.19 Interpretation of annexes 9
  • Article   9.20 Expert reports 9
  • Article   9.21 Consolidation 9
  • Article   9.22 Awards 9
  • Article   9.23 Appellate review 9
  • Article   9.24 Annexes and footnotes 9
  • Article   9.25 Service of documents 9
  • ANNEX 9-A  Code of conduct 9
  • ANNEX 9-B  Service of documents on a party under section b 9
  • Chapter   10 Movement of natural persons 9
  • Article   10.1 Scope 9
  • Article   10.2 Definitions 9
  • Article   10.3 Expeditious application procedures 9
  • Article   10.4 Grant of temporary entry 9
  • Article   10.5 Transparency 9
  • Article   10.6 Committee on movement of natural persons 9
  • Article   10.7 Dispute settlement 9
  • Article   10.8 Relation to other chapters 9
  • ANNEX 10-A  Specific commitments on the movement of natural persons 10
  • Section   A Australia's specific commitments 10
  • Section   B China's specific commitments 10
  • Chapter   11 Intellectual property 10
  • Article   11.1 Purpose and principles 10
  • Article   11.2 Definitions 10
  • Article   11.3 Obligations are minimum obligations 10
  • Article   11.4 International agreements 10
  • Article   11.5 National treatment 10
  • Article   11.6 Transparency 10
  • Article   11.7 Intellectual property and public health 10
  • Article   11.8 Exhaustion 10
  • Article   11.9 Procedures on acquisition and maintenance 10
  • Article   11.10 Amendments, corrections and observations on patent applications 10
  • Article   11.11 Month publication 10
  • Article   11.12 Types of signs as trade marks 10
  • Article   11.13 Certification and collective trade marks 10
  • Article   11.14 Well-known trade marks 10
  • Article   11.15 Geographical indications 10
  • Article   11.16 Plant breeders' rights 10
  • Article   11.17 Genetic resources, traditional knowledge and folklore 10
  • Article   11.18 Protection of undisclosed information (2) 10
  • Article   11.19 Collective management of copyright 10
  • Article   11.20 Service provider liability 10
  • Article   11.21 Enforcement 10
  • Article   11.22 Border measures 10
  • Article   11.23 Cooperation — general 10
  • Article   11.24 Consultative mechanism: committee on intellectual property 10
  • Chapter   12 Electronic commerce 10
  • Article   12.1 Purpose and objective 10
  • Article   12.2 Definitions 10
  • Article   12.3 Customs duties 10
  • Article   12.4 Transparency 11
  • Article   12.5 Domestic regulatory frameworks 11
  • Article   12.6 Electronic authentication and digital certificates 11
  • Article   12.7 Online consumer protection 11
  • Article   12.8 Online data protection 11
  • Article   12.9 Paperless trading 11
  • Article   12.10 Cooperation on electronic commerce 11
  • Article   12.11 Dispute settlement provisions 11
  • Chapter   13 Transparency 11
  • Article   13.1 Definitions 11
  • Article   13.2 Publication 11
  • Article   13.3 Notification and provision of information 11
  • Article   13.4 Administrative proceedings 11
  • Article   13.5 Review and appeal 11
  • Chapter   14 Institutional provisions 11
  • Article   14.1 Functions of the fta joint commission 11
  • Article   14 Rules of procedure of the fta joint commission 11
  • Article   14 Contact point 11
  • Chapter   15 Dispute settlement 11
  • Article   15.1 Cooperation 11
  • Article   15.2 Scope of application 11
  • Article   15.3 Contact points 11
  • Article   15.4 Choice of forum 11
  • Article   15.5 Consultations 11
  • Article   15.6 Good offices, mediation and conciliation 11
  • Article   15.7 Establishment and composition of an arbitral tribunal 11
  • Article   15.8 Functions of arbitral tribunals 11
  • Article   15.9 Rules of interpretation 11
  • Article   15.10 Rules of procedure of an arbitral tribunal 12
  • Article   15.11 Suspension or termination of proceedings 12
  • Article   15 Report of the arbitral tribunal 12
  • Article   15.13 Implementation of the final report 12
  • Article   15.14 Reasonable period of time 12
  • Article   15.15 Compliance review 12
  • Article   15.16 Compensation and suspension of concessions and obligations 12
  • Article   15.17 Post suspension review 12
  • ANNEX 15-A  Code of conduct 12
  • ANNEX 15-B  Model rules of procedure for the arbitral tribunal 12
  • Attachment to Annex 15 B  Model rules of procedure for the arbitral tribunal  12
  • Chapter   16 General provisions and exceptions 12
  • Article   16.1 Disclosure and confidentiality of information 12
  • Article   16.2 General exceptions 12
  • Article   16.3 Security exceptions 12
  • Article   16.4 Taxation 12
  • Article   16.5 Review of agreement 13
  • Article   16.6 Measures to safeguard the balance-of-payments 13
  • Article   16.7 Competition cooperation 13
  • Article   16.8 Government procurement 13
  • Chapter   17 Final provisions 13
  • Article   17.1 Annexes 13
  • Article   17.2 Entry into force 13
  • Article   17.3 Amendments 13
  • Article   17.4 Termination 13
  • Article   17.5 Authentic texts 13
  • ANNEX III  13
  • Part   1 Schedule of non-conforming measures 13
  • Schedule of australia 13
  • Section   A 13
  • 1 13
  • 2 13
  • 3 13
  • 4 14
  • 5 14
  • 6 14
  • 7 14
  • 8 14
  • 9 14
  • 10 14
  • 11 14
  • 12 14
  • 13 14
  • 14 14
  • 15 14
  • 16 14
  • 17 14
  • 18 15
  • 19 15
  • 20 15
  • 21 15
  • 22 15
  • 23 15
  • 24 15
  • 25 15
  • 26 15
  • 27 15
  • 28 15
  • 29 15
  • 30 15
  • 31 16
  • 32 16
  • 33 16
  • 34 16
  • 35 16
  • Section   B 16
  • 1 16
  • 2 16
  • 3 16
  • 4 16
  • 5 16
  • 6 16
  • 7 16
  • 8 17
  • 9 17
  • 10 17
  • 11 17
  • 12 17
  • 13 17
  • 14 17
  • 15 17
  • 16 17
  • 17 17
  • 18 17
  • 19 17
  • 20 17
  • 21 18
  • Part   2 Schedule of specific commitments on services  18
  • Schedule of the people's republic of china  18
  • ATTACHMENT 1  Reference paper scope 18
  • ATTACHMENT 2  Distribution services  18
  • ATTACHMENT 3  Insurance: definition of "master policy"  18
  • Memorandum of understanding between the government of australia and the government of the people's republic of china on an investment facilitation arrangement 18