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Sri Lanka - Thailand FTA (2024)
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Article 13.15. Compliance Review

1. If the responding Party considers that it has eliminated the non-conformity that the Arbitral Panel has found, it shall provide written notice to the complaining Party with a description of how non-conformity has been removed. If the complaining Party disagrees, it may refer the matter to the original Arbitral Panel within 60 days after its receipt of such written notice.

2. The Arbitral Panel shall release its report within 90 days after the referral of the matter.

3. If the Arbitral Panel decides that the responding Party has eliminated the non-conformity, the complaining Party shall promptly reinstate any benefits it has suspended under Article 13.14 (Non-Implementation — Compensation and Suspension of Concessions or other Obligations).

4. If the Arbitral Panel rules that measures taken to comply are in conformity with the rulings and recommendations of the Arbitral Panel, the suspension of obligations shall be terminated immediately. If the Panel rules otherwise, the measures shall remain in place until such further request to the Arbitral Panel.

Article 13.16. Expenses

1. Unless the Parties agree otherwise, each Party shall bear the costs of its appointed panelist and its own expenses and legal costs.

2. Unless the Parties agree otherwise, the costs of the chair of the Arbitral Panel and other expenses associated with the conduct of the Arbitral shall be borne in equal parts by the Parties.

Chapter 14. INSTITUTIONAL AND FINAL PROVISIONS

Section I. ADMINISTRATION AND INSTITUTIONAL PROVISIONS

Article 14.1. Free Trade Commission

1. The Parties hereby establish a Free Trade Commission (hereinafter referred to as the "Commission").

2. The Commission shall be composed of relevant government officials of each Party and shall be co-chaired by:

(a) in the case of Thailand, the Director-General of the Department of Trade Negotiations of Ministry of Commerce for Thailand, or their respective designee; and

(b) in the case of Sri Lanka, Secretary of the Ministry of Trade or their respective designee.

Article 14.2. Duties of the Commission

1. The Commission shall:

(a) review the implementation and operation of this Agreement;

(b) consider and, as appropriate, decide on specific matters relating to the operation and implementation of this Agreement, including matters reported by committees or working groups established under this Agreement;

(c) supervise and coordinate the work of committees, working groups and contact points established under this Agreement;

(d) take such other action as the Parties may agree.

2. The Commission may:

(a) establish, refer matters and delegate responsibilities to any committee or working group;

(b) consider and adopt any modifications of the rules of origin established in Annex 3B (Product Specific Rules).

Article 14.3. Procedures of the Commission

1. Unless the Parties agree otherwise, the Commission shall convene at least once a year in regular session and meet alternately in the territory of each Party.

2. Unless the Parties agree otherwise, the Commission shall also meet in special session within 45 days after the request in writing of a Party.

3. The Commission shall establish its rules and procedures at its first meeting.

4. All decisions of the Commission shall be taken by mutual agreement of the Parties.

Section II. EXCEPTIONS

Article 14.4. General Exceptions

1. For the purposes of Chapter 2 (Trade in Goods), Chapter 3 (Rules of Origin), Chapter 4 (Customs Procedures and Trade Facilitation), Chapter 5 (Sanitary and Phytosanitary Measures), and Chapter 6 (Technical Barriers to Trade), Article XX of GATT 1994 and its interpretive note are incorporated into and made part of this Agreement, mutatis mutandis.

2. For the purposes of Chapter 8 (Trade in Services), Article XIV of GATS, including its footnotes, is incorporated into and made part of this Agreement, mutatis mutandis.

3. Nothing in this Agreement shall be construed as to prevent a Party from taking action authorised by the WTO Dispute Settlement Body. This is referring to a suspension of concession. A Party taking such action shall inform the Commission to the fullest extent possible of measures taken and of their termination.

Article 14.5. Security Exceptions

1. Nothing In this Agreement shall be construed to:

(a) require any Party to furnish any information the disclosure of which it considers contrary to its essential security interests;

(b) prevent any Party from taking any action which it considers necessary for the protection of its essential security interests:

(i) relating to fissionable materials or the materials from which they are derived;

(ii) relating to the traffic in arms, ammunition, and implements of war and to such traffic in other goods and materials, or relating to the supply of services, as carried on directly or indirectly for the purpose of supplying or provisioning a military establishment;

(iii) taken in time of national emergency or war or other emergency in international relations; or

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

2. A Party shall inform the Commission to the fullest extent possible of measures taken under subparagraphs (b) and (c) of paragraph 1 and of their termination.

Article 14.6. Taxation Measures

1. Except as provided in this Article, nothing in this Agreement shall apply to taxation measures.

2. This Agreement shall only grant rights or impose obligations with respect to taxation measures where corresponding rights and obligations are also granted or imposed under the WTO Agreement.

3. Nothing in this Agreement shall affect the rights and obligations of a Party under any tax convention or other arrangements relating to taxation in force between the Parties. In the event of any inconsistency relating to a taxation measure between this Agreement and any such convention or arrangements, the latter shall prevail to the extent of the inconsistency. Any consultations between the Parties about whether an inconsistency relates to a taxation measure shall include representatives of the competent tax authorities of each Party.

4. For the purposes of this Article, taxation measures do not include any import or customs duties.

Section III. FINAL PROVISIONS

Article 14.7. Annexes, Notes, and Footnotes

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

Article 14.8. General Review

The Parties shall undertake a general review of the implementation and operation of this Agreement in the fifth calendar year following the calendar year in which the Agreements enters into force and every fifth calendar year thereafter, unless otherwise agreed by the Parties.

Article 14.9. Amendments

1. The Parties may agree, in writing, to amend the Agreement.

2. An amendment to this Agreement shall be approved by the Parties in accordance with their respective legal requirements and procedures, and shall enter into force 60 days after the date of the latter notification by either Party to the other Party that it has completed its legal requirements and procedures or after such other period as the Parties may agree.

3. When so agreed, and approved in accordance with the legal requirements and procedures of each Party, such amendment shall constitute an integral part of this Agreement.

Article 14.10. Entry Into Force

Unless the Parties agree otherwise, this Agreement shall enter into force on the thirtieth day after the date of the latter notification by either Party to the other Party that it has completed its internal legal requirements and procedures for the entry into force of this Agreement.

Article 14.11. Termination

1. This Agreement shall remain in force unless terminated.

2. Either Party may terminate this Agreement by written notification to the other Party. This Agreement shall terminate 180 days after the date of such notification, or after such other period as the Parties may agree.

3. Within 30 days after the notification under paragraph 2, either Party may request a consultation regarding whether the termination of any provision of this Agreement should take effect at a later date than that provided under paragraph 2. .

Conclusion

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

DONE at Colombo, Sri Lanka, in duplicate in the English language on this third day of February 2024.

FOR THE GOVERNMENT OF THE KINGDOM OF THAILAND

Nalin Fernando

Minister for Trade, Commerce and Food Security

FOR THE GOVERNMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

M.P. Phumtham Wechayachai 

Deputy Prime Minister and Minister for Commerce

Previous page Page 16
  • Chapter   1 INITIAL PROVISIONS AND GENERAL DEFINITIONS 1
  • Article   1.1 Objectives 1
  • Article   1.2 Establishment of a Free Trade Area 1
  • Article   1.3 Relation to other Agreements 1
  • Article   1.4 Definitions of General Application 1
  • Chapter   2 TRADE IN GOODS 1
  • Article   2.1 Scope 1
  • Article   2.2 National Treatment 1
  • Article   2.3 Customs Value 1
  • Article   2.4 Reduction or Elimination of Customs Duties 1
  • Article   2.5 Standstill Clause 1
  • Article   2.6 Accelerated Tariff Elimination 1
  • Article   2.7 Classification of Goods 1
  • Article   2.8 HS Transposition of Schedules of Tariff Commitments 1
  • Article   2.9 Administrative Fees and Formalities 1
  • Article   2.10 Non-Tariff Measures 1
  • Article   2.11 Import Licensing Procedures 1
  • Article   2.12 State Trading Enterprises 1
  • Article   2.13 Modification and Withdrawal of Concessions 1
  • Article   2.14 Restrictions to Safeguard the Balance of Payments 1
  • Article   2.15 Committee on Trade In Goods 1
  • Chapter   3 RULES OF ORIGIN 1
  • Section   I GENERAL PROVISIONS 1
  • Article   3.1 Definitions 1
  • Article   3.2 Origin Criteria 2
  • Article   3.3 Wholly Obtained or Produced Goods 2
  • Article   3.4 Goods Not Wholly Produced or Obtained 2
  • Article   3.5 Qualifying Value Content (QVC) 2
  • Article   3.6 Indirect Material/Neutral Elements 2
  • Article   3.7 Minimal Operations and Processes That Do Not Confer Origin 2
  • Article   3.8 Cumulation of Origin 2
  • Article   3.9 De Minimis 2
  • Article   3.10 Fungible Goods or Materials 2
  • Article   3.11 Accessories, Spare Parts, Tools, and Instructional or other Information Materials 2
  • Article   3.12 Treatment of Packages, Packing Materials, and Containers 2
  • Article   3.13 Direct Consignment 2
  • Article   3.14 Sets 2
  • Section   II OPERATIONAL CERTIFICATION PROCEDURES 2
  • Article   3.15 General Requirements for Certificate of Origin 2
  • Article   3.16 Issuance of the Certificate of Origin 2
  • Article   3.17 Validity of Certificates of Origin 2
  • Article   3.18 Certificate of Origin 2
  • Article   3.19 Application for Certificate of Origin 2
  • Article   3.20 Obligations of the Competent Authority 2
  • Article   3.21 Treatment of Erroneous Declaration In the Certificate of Origin 2
  • Article   3.22 Loss of the Certificate of Origin 3
  • Article   3.23 Waiver of Certificates of Origin 3
  • Article   3.24 Treatment of Minor Discrepancies 3
  • Article   3.25 Claims for Preferential Treatment 3
  • Article   3.26 Verification of Origin 3
  • Article   3.27 Verification Visit 3
  • Article   3.28 Determination of Origin and Preferential Tariff Treatment 3
  • Article   3.29 Preservation of Certificates of Origin and Supporting Documents 3
  • Article   3.30 Confidentiality 3
  • Article   3.31 Exhibitions 3
  • Article   3.32 Sanctions Against False Declaration 3
  • Article   3.33 Obligations of the Importer 3
  • Article   3.34 Obligations of the Exporter 3
  • Article   3.35 Third Party Invoices 3
  • Article   3.36 Importation by Instalments 3
  • Article   3.37 Cooperation between Competent Authorities 3
  • Article   3.38 Settlement of Disputes 3
  • Article   3.39 Transitional Provisions for Goods In Transit 3
  • Article   3.40 Review and Appeal 3
  • Article   3.41 Committee on Rules of Origin 3
  • Chapter   4 CUSTOMS PROCEDURES AND TRADE FACILITATION 3
  • Article   4.1 Objectives 3
  • Article   4.2 Scope 3
  • Article   4.3 Definitions 3
  • Article   4.4 Pre-arrival Processing 3
  • Article   4.5 Advance Rulings 3
  • Article   4.6 Customs Procedures 3
  • Article   4.7 Customs Clearance 4
  • Article   4.8 Trade Facilitation Measures for Authorised Operators 4
  • Article   4.9 Risk Management 4
  • Article   4.10 Expedited Shipments 4
  • Article   4.11 Time Release Studies 4
  • Article   4.12 Temporary Admission of Goods 4
  • Article   4.13 Use of Automated Systems 4
  • Article   4.14 Review and Appeal 4
  • Article   4.15 Penalties Disciplines 4
  • Article   4.16 Enquiry Points 4
  • Article   4.17 Publication 4
  • Article   4.18 Customs Cooperation 4
  • Article   4.19 Post-Clearance Audit 4
  • Article   4.20 Electronic Payment 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 General Provision 4
  • Article   5.5 Harmonization 4
  • Article   5.6 Equivalence 4
  • Article   5.7 Risk Analysis 4
  • Article   5.8 Adaptation to Regional Conditions, Including Pest-or Disease- Free Areas and Areas of Low Pest or Disease Prevalence 4
  • Article   5.9 Transparency 4
  • Article   5.10 Import Checks 5
  • Article   5.11 Certification 5
  • Article   5.12 Audit 5
  • Article   5.13 Technical Consultation 5
  • Article   5.14 Cooperation 5
  • Article   5.15 Working Group on Sanitary and Phytosanitary Measures 5
  • Article   5.16 Competent Authorities and Contact Points 5
  • Article   5.17 Dispute Settlement 5
  • Chapter   6 TECHNICAL BARRIERS TO TRADE 5
  • Article   6.1 Objectives 5
  • Article   6.2 Scope 5
  • Article   6.3 Definitions 5
  • Article   6.4 Affirmation of the TBT Agreement 5
  • Article   6.5 International Standards 5
  • Article   6.6 Standards 5
  • Article   6.7 Technical Regulations 5
  • Article   6.8 Conformity Assessment Procedures 5
  • Article   6.9 Transparency 5
  • Article   6.10 Cooperation 5
  • Article   6.11 Technical Discussions 5
  • Article   6.12 Market Surveillance 5
  • Article   6.13 Marking and Labelling 5
  • Article   6.14 Contact Points 5
  • Chapter   7 TRADE REMEDIES 5
  • Section   I ANTI-DUMPING AND COUNTERVAILING MEASURES 5
  • Article   7.1 Anti-Dumping Measures 5
  • Article   7.2 Countervailing Measures 5
  • Article   7.3 Practices Relating to Anti-dumping and Countervailing Duty Proceedings 6
  • Section   II COOPERATION 6
  • Article   7.4 Areas of Cooperation 6
  • Section   III GLOBAL SAFEGUARD MEASURES 6
  • Article   7.5 Global Safeguards 6
  • Section   IV BILATERAL SAFEGUARD MEASURES 6
  • Article   7.6 Definitions 6
  • Article   7.7 Application of Bilateral Safeguard Measures 6
  • Article   7.8 Conditions and Limitations on Imposition of a Bilateral Safeguard Measure 6
  • Article   7.9 Provisional Measures 6
  • Article   7.10 Compensation 6
  • Article   7.11 Administration of Emergency Action Proceedings 6
  • Article   7.12 Non-Application of Dispute Settlement 6
  • Chapter   8 TRADE IN SERVICES 6
  • Article   8.1 Definitions 6
  • Article   8.2 Scope and Coverage 6
  • Article   8.3 Market Access 7
  • Article   8.4 National Treatment 7
  • Article   8.5 Additional Commitments 7
  • Article   8.6 Schedule of Specific Commitments 7
  • Article   8.7 Modification of Schedules 7
  • Article   8.8 Domestic Regulation 7
  • Article   8.9 Recognition 7
  • Article   8.10 Monopolies and Exclusive Service Suppliers 7
  • Article   8.11 Business Practices 7
  • Article   8.12 Emergency Safeguard Measures 7
  • Article   8.13 Payments and Transfers 7
  • Article   8.14 Restrictions to Safeguard Balance of Payments 7
  • Article   8.15 Transparency 7
  • Article   8.16 Disclosure of Confidential Information 7
  • Article   8.17 Denial of Benefits 7
  • Article   8.18 Contact Points 7
  • Article   8.19 Committee on Trade In Services 7
  • Article   8.20 Miscellaneous Provisions 7
  • Chapter   9 INVESTMENT 7
  • Article   9.1 Definitions 7
  • Article   9.2 Scope and Coverage 7
  • Article   9.3 National Treatment 8
  • Article   9.4 Most-Favoured-Nation Treatment 8
  • Article   9.5 Treatment of Investment 8
  • Article   9.6 Compensation for Losses 8
  • Article   9.7 Performance Requirements 8
  • Article   9.8 Senior Management and Boards of Directors 8
  • Article   9.9 Reservations and Non-Conforming Measures 8
  • Article   9.10 Transparency 8
  • Article   9.11 Expropriation and Compensation 8
  • Article   9.12 Transfers 8
  • Article   9.13 Subrogation 8
  • Article   9.14 Denial of Benefits 8
  • Article   9.15 Promotion of Investment 8
  • Article   9.16 Facilitation of Investment 8
  • Article   9.17 Special Formalities and Treatment of Information 8
  • Article   9.18 Temporary Safeguard Measures 8
  • Article   9.19 General Exceptions 8
  • Article   9.20 Security Exceptions 8
  • Article   9.21 Term of Bilateral Investment Treaty 8
  • Article   9.22 Corporate Social Responsibility 9
  • Article   9.23 Committee on Investment 9
  • Article   9.24 Settlement of Investment Disputes between a Party and an Investor of the other Party 9
  • Annex 9A  SCHEDULE OF RESERVATIONS AND NON-CONFORMING MEASURES FOR INVESTMENT 9
  • Annex 9A  THAILAND 9
  • LIST A  EXPLANATORY NOTES 9
  • LIST B  EXPLANATORY NOTES 10
  • ANNEX 9B  SCHEDULE OF RESERVATIONS AND NON-CONFORMING MEASURES FOR INVESTMENT. SRI LANKA 12
  • LIST A  Explanatory Notes 12
  • LIST B  Explanatory Notes 12
  • ANNEX 9C  PUBLIC DEBT 14
  • Chapter   10 INTELLECTUAL PROPERTY 14
  • Article   10.1 Affirmation of the TRIPS Agreement 14
  • Article   10.2 Cooperation 14
  • Chapter   11 ECONOMIC COOPERATION 14
  • Article   11.1 Objectives 14
  • Article   11.2 Scope 14
  • Article   11.3 Areas of Cooperation 14
  • Article   11.4 Implementation of Cooperation 14
  • Article   11.5 Revision, Modification or Amendment 14
  • Article   11.6 Dispute Settlement 14
  • Article   11.7 Relation to other Agreements 14
  • Chapter   12 TRANSPARENCY 14
  • Article   12.1 Definition 14
  • Article   12.2 Publication 14
  • Article   12.3 Provision of Information 15
  • Article   12.4 Confidentiality and Disclosure of Information 15
  • Article   12.5 Administrative Proceedings 15
  • Article   12.6 Review and Appeal 15
  • Article   12.7 Contact Points 15
  • Article   12.8 Relations to Specific Provisions 15
  • Chapter   13 DISPUTE SETTLEMENT 15
  • Article   13.1 Scope 15
  • Article   13.2 Choice of Forum 15
  • Article   13.3 Consultations 15
  • Article   13.4 Good Offices, Conciliation or Mediation 15
  • Article   13.5 Establishment of an Arbitral Panel 15
  • Article   13.6 Terms of Reference 15
  • Article   13.7 Composition of Arbitral Panels 15
  • Article   13.8 Functions of Arbitral Panels 15
  • Article   13.9 Rules of Procedures 15
  • Article   13.10 Suspension or Termination of Proceedings 15
  • Article   13.11 Initial Report 15
  • Article   13.12 Final Report 15
  • Article   13.13 Implementation of the Report 15
  • Article   13.14 Non-Implementation - Compensation and Suspension of Concessions or other Obligations 15
  • Article   13.15 Compliance Review 16
  • Article   13.16 Expenses 16
  • Chapter   14 INSTITUTIONAL AND FINAL PROVISIONS 16
  • Section   I ADMINISTRATION AND INSTITUTIONAL PROVISIONS 16
  • Article   14.1 Free Trade Commission 16
  • Article   14.2 Duties of the Commission 16
  • Article   14.3 Procedures of the Commission 16
  • Section   II EXCEPTIONS 16
  • Article   14.4 General Exceptions 16
  • Article   14.5 Security Exceptions 16
  • Article   14.6 Taxation Measures 16
  • Section   III FINAL PROVISIONS 16
  • Article   14.7 Annexes, Notes, and Footnotes 16
  • Article   14.8 General Review 16
  • Article   14.9 Amendments 16
  • Article   14.10 Entry Into Force 16
  • Article   14.11 Termination 16
    • Name
    Sri Lanka - Thailand FTA (2024)
    PDF Link
    Sri Lanka - Thailand FTA (2024)
    Signed date
    03 / Feb / 2024
    Treaty type
    Other International Investment Agreements
    Origin language
    en
    Party ISO codes
    LKA,THA
    Relationship with other documents
    Type Agreements Date of signature Date of entry in force
    IT_OVERLAP Sri Lanka - Thailand BIT (1996) 03 / Jan / 1996 14 / May / 1996
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