4. When the investigating authority of a Party receives a written application by or on behalf of its domestic industry for the initiation of an anti-dumping investigation in respect of a good from the other Party, the former Party shall notify the other Party of the application as far in advance of the initiation of such investigation as possible.

5. As soon as possible after accepting an application of an anti-subsidy investigation, and in any event before initiating an investigation, the Party shall provide written notification of its receipt of the application to the other Party and invite the other Party 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.

6. The investigation authority of a Party shall ensure, before a final determination is made, disclosure of all essential facts under consideration which form the basis for the decision whether to apply definitive measures. This is without prejudice to Article 6.5 of the Anti-Dumping Agreement and Article 12.4 of the SCM Agreement. Disclosures shall be made in writing and allow interested parties sufficient time to make their comments. The investigating authority shall give due consideration to the comments submitted by the interested parties.

7. The Parties agree, when imposing measures covered by this Chapter, to give priority, to the extent possible, to measures that cause minimal economic injury and do not create serious obstacles to the implementation of this Agreement.

Article 7.3. Global Safeguard Measures

1. Each Party retains its rights and obligations under Article XIX of GA TT 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.

2. A Party taking a global safeguard measure shall exclude imports of an originating good of the other Party as long as its share of imports of the product concerned in the importing Party does not exceed three (3) per cent of total imports of the concerned product, provided that developing country Members with less than three (3) per cent import share collectively account for not more than nine (9) per cent of total imports of the product concerned.

3. Where, as a result of a global safeguard measure, a safeguard duty is imposed, the margin of preference shall be maintained.

Article 7.4. Cooperation and Institutional Arrangement

1. The Parties are encouraged to cooperate in the area of trade remedies, specifically in the dissemination of information to all relevant stakeholders and private parties.

2. The Parties shall establish a Subcommittee on Trade Remedies m accordance with Article 14.1.3 (Joint Committee).

Article 7.5. Bilateral Safeguards

Definitions

1. For the purposes of this Article: 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; 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 on allegation, conjecture or remote possibility, is clearly imminent; and bilateral safeguard measure means a measure described in paragraph 2.

General

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 a 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 causes 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 Parties agree that neither tariff rate quotas nor quantitative restrictions are permissible forms of bilateral safeguard measures.

Notification and Consultation

4. A Party shall notify the other Party m writing or by electronic communication: (a) within seven days of initiation of an investigation described m paragraph 7, (b) immediately upon making a finding of serious injury or threat thereof caused by increased imports; and (c) immediately upon application of provisional or a definitive bilateral safeguard measure or extending the measure.

5. In making the notifications referred to in paragraphs 4(b) and 4(c), the Party proposing to apply a safeguard measure shall provide the other Party with all pertinent information, which shall include evidence of serious injury or threat thereof caused by the increased imports, precise description of the good involved and the proposed measure and expected duration.

6. A Party proposing to apply a definitive safeguard measure shall provide adequate opportunity for prior consultations with the other Party as far in advance, of taking any such measure, with a view to reviewing the information arising from the investigation, exchanging views on the measure and reaching an agreement on the compensation set out in paragraph 20. The Parties shall in such consultations, review, inter alia, the information provided under paragraph 5, to determine:

(a) compliance with this Article;

(b) whether any proposed measure should be ta.ken; and

(c) the appropriateness of the proposed measure, including consideration of alternative measures.

Conditions and Limitations

7. 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 form part of this Agreement, mutatis mutandis.

8. In the investigation described in paragraph 7, 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 form part of this Agreement, mutatis mutandis.

9. Each Party shall ensure that its competent authorities complete any such .investigation within eight (8) months of its date of initiation which may be extended up to one year by the competent authority.

10. Neither Party may 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; or

(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 four years.

11. No bilateral safeguard measure shall be applied to the import of an originating good for a period of one year from the date of commencement of tariff reduction or tariff elimination for that originating good provided for under this Agreement.

12. When a Party terminates a bilateral safeguard measure, the rate of customs duty for the originating good subject to that bilateral safeguard measure shall be the rate that would have been in effect but for that bilateral safeguard measure.

13. No bilateral safeguard measure shall be applied again to the import of a product that has been previously subject to such measure for a period of time equal to the period during which the previous measure was applied or one year since the expiry of such measure, whichever is longer.

14. Notwithstanding the provisions of paragraph 13, a safeguard measure with a duration of 180 days or less may be applied again to the import of a product if:

(a) at least one year has elapsed since the date of introduction of a safeguard measure on the import of that product; and

(b) such a safeguard measure has not been applied on the same product more than twice in the four year period immediately preceding the date of introduction of the measure.

15. Where the expected duration of the bilateral safeguard measures is over one year, the Party applying the bilateral safeguard measure shall progressively liberalise it at regular intervals during its period of application.

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 to comment and submit their arguments with respect to such determinations.

18. The duration of any provisional measure shall not exceed 200 days, during which time the Party shall comply with the requirements of paragraphs 4, 5, 7 and 8.

19. The Party shall promptly refund any tariff increases if the investigation described in paragraph 7 does not result in a finding that the requirements of paragraph 2 are met. The duration of any provisional measure shall be counted as part of the period described in paragraph 10(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 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 of the consultations, 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 to talce action to suspend the application of concessions referred to in paragraph 21 shall not be exercised for: (a) The first two years that the measure is in effect; and (b) The first three years during which the bilateral safeguard measure is in effect, where it has been extended beyond two years, provided that the measure bas been taken as a result of an absolute increase in imports and that such measure conforms to the provisions of this Section.

24. The applying Party's obligation to provide compensation under paragraph 21 and the other Party's right to suspend concessions under paragraph 21 shall cease on the termination of the bilateral safeguard measure.

Article 7.6. Dispute Settlement

The Parties shall have recourse to the dispute settlement mechanism set by this agreement for any dispute under Article 5.

Chapter 8. INVESTMENT

Article 8.1. UAE-Kenya Bilateral Investment Agreement

1. The Parties note the existence of and reaffirm the Agreement Between the Government of the Republic of Kenya and the Government of the United Arab Emirates on the Promotion and Protection of Investments, signed at Abu Dhabi on 23 November 2014 ("UAE-Kenya Bilateral Investment Agreement").

2. The Parties agree to revise the existing UAE-Kenya Bilateral Investment Agreement with a view to making it more comprehensive in coverage.

Article 8.2. Promotion and Facilitation of Investments

The Parties affirm their desire to promote an attractive investment climate and expand trade in products and services. The Parties shall take appropriate measures to encourage and facilitate the exchange of goods and services and to secure favorable conditions for long-term economic development and diversification of trade and investment between the two countries.

Article 8.3. Subcommittee on Investment

The Parties shall establish a Subcommittee on Investment, which shall be composed of representatives of both Parties, in accordance with Article 14.1 (Joint Committee).

Article 8.4. Non-Application of Dispute Settlement

The Parties agree that nothing m this Chapter shall be subject to any dispute settlement mechanism.

Chapter 9. TRADE IN SERVICES

Article 9.1. Definitions

For the purposes of this Chapter:

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;

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;

airport operation and management services means the supply of air terminal, airfield and other airport infrastructure operation services on a fee or contract basis. Airport operation services do not include air navigation services;

commercial presence means any type of business or professional establishment, including 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;

ground-handling services means the supply at an airport, on a fee or contract basis, of the following: airline representation, administration and supervision; passenger handling; baggage handling; ramp services; catering (except the preparation of the food); air cargo and mail handling; fueling of an aircraft; aircraft servicing and cleaning; surface transport; and flight operations, crew administration and flight planning. Ground handling services do not include self-handling; security; line maintenance; aircraft repair and maintenance; or management or operation of essential centralised airport infrastructure such as de-icing facilities, fuel distribution systems, baggage handling systems, and fixed intra-airport transport systems;

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) 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);

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 Parties 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 Parties 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 ofa 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 Kenya;

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;

service supplier means any natural or juridical person 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:

(i) Mode 1 -from the territory of a Party into the territory of the other Party;

(ii) Mode 2 -in the territory of a Party to the service consumer of the other Party;

(iii) Mode 3-by a service supplier of a Party, through commercial presence in the territory of the other Party;

(iv) Mode 4 -by a service supplier of a Party, through presence of natural persons of a Party in the territory of the other Party;

Air traffic rights mean the right for scheduled and non-scheduled services to operate and/or to carry passengers, cargo and mail for remuneration or hfre 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 9.2. Objectives

Recognising the importance of trade in services for the growth and development of the Parties' economies, the objectives of this chapter are to: (a) progressively liberalise trade in services to provide market access for services and service suppliers of the Parties; and 2 Where the service is not supplied directly by a juridical person but through other forms of commercial presence such as a branch or a representative office, the service supplier (i.e. the juridical person) shall, nonetheless, through such presence be accorded the treatment provided for service suppliers under Lhe Agreement. Such rreatment shall be extended to the presence through which the service is supplied and need not be extended to any other parts of the supplier located outside the territory where the service is supplied. 9-4

(b) pursue services trade liberalisation in line with Article V of the GATS by expanding the depth and scope ofliberalisation and increasing and developing the export of services, while fully preserving the right of the Parties to regulate and to introduce new regulations. ARTICLE 9.3: Scope and Coverage 1. This Chapter shall apply to measures by Parties affecting trade in services. 2. This Chapter shall not app1y 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 govemment�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, provi.ded 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 of air transport services; (iii) computer reservation system services; ? 3 The sole fact of requiring a visa for natural persons of certain country and not for those of others shall noi be regarded as nullifying or impairing benefits under a specific commitment. 9-5 I I I I I I

(iv) ground-handling services; or (v) airport operation services. 3. The rights and obligations of the Parties in respect of Financial Services shall be governed by the Annex on Financial Services of the GA TS, which is hereby incorporated into and made part of this Agreement. 4. The rights and obligations of the Parties in respect of Telecommunications Services shall be governed by the Annex on Telecommunications Services of the GA TS, which is ~ereby incorporated into and made part of this Agreement. ARTICLE 9.4: Progressive Liberalisation 1. In pursuance of the objectives of this Agreement, the Parties shall enter into successive rounds of negotiations, beginning not later than one year from the date of entry into force of the Agreement and periodically thereafter, with a view to achieving a progressively higher level of liberalisation. 2. The process of liberalisation shall take place with due respect for national policy objectives and the level of development of each Party. Specific commitments assumed under this Article shall not be construed to require any Party to compensate for any inherent competitive disadvantages which result from the foreign character of the relevant services or service suppliers. 3. The process of progressive liberalisation will be directed towards increasing the general level of specific commitments undertaken by the Parties under this Agreement. ARTICLE 9.5: 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 9.7, 9.8, and 9.9. 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; 9-6

3. 4. (d) where appropriate, the time-frame for implementation of such commitments; and ( e) the date of entry into force of such commitments. Measures inconsistent with both Article 9.7 and Article 9.8 shall be inscribed .in the column relating to Article 9.7. In this case the inscription will be considered to provide a condition or qualification to Article 9.8 as well. The Parties' Schedules of Specific Commitments are set forth in Annexes 9A (UAE Schedule of Sp~cific Commitments) and 9B (Kenya Schedule of Specific Commitments). ARTICLE 9.6: Most-Favoured Nation Treatment 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 consider a request by other Party for incorporation herein of treatment no less favourable than that provided under the aforementioned agreement. Any such incorporation should maintain the overall balance of commitments undertaken by each Party under this Agreement. ARTICLE 9.7: Market Access 1. With respect to market access through the modes of supply identified in the definition of "trade in services" contained in Article 9 .1, each Party shall accord services and service 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 wbjcb a Party shaU 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: 4 If a Party undertakes a market-access commitment in relation to the supply of a service th.rough the mode of supply referred 10 in paragraph (a) of the definition of"trade in services?� in Article 9.1 and if the cross-border movement of capital is an essential part of the service itself, that Party is thereby committed to allow such movement of capital. If a Party undertakes a market-access commitment in relation to the supply of a service through the mode of supply referred to in paragraph (c) of the definition of "trade in services" in Article 9.1 (Definitions), it is thereby committed to allow related transfers of capital into its territory. ~ 9-7 I I I I I I I I I I I

limitations on the number of service suppliers whether in the fom1 of numerical quotas, monopolies, exclusive service suppliers or the requirements of an economic needs test; limitations on the total value of service transactions or assets in the form of numerical quotas or the requirement of an economic needs test; 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 suppJjer 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 oflegal 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 9.8: 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 forma!Jy different treatment to that it accords to its own like services and service suppliers. 5 This subparagraph does not cover measures of a Party which limit inputs for the supply of services. 6 Specific commitments assumed under this Article shall not be construed to require either Party to compensate for any inherent competitive disadvantages which result from the foreign character of the relevant services or service suppliers. CK 9-8

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 9.9: Additional Commitments The Parties may negotiate commitments with respect to measures affecting trade in services not subject to scheduling under Articles 9.7 and 9.8, including those regarding qualification, standards or licensing matters. Such commitments shall be inscribed in that Party's Schedule of Specific Commitments. ARTICLE 9.10: 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 of the requesting Party making its request. lo 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 Article 14.l (Joint Committee). ARTICLE 9.11: Domestic Regulation 1. Each Party may regulate and introduce new regulations on services and services suppliers within its territory in order to meet national policy objectives, in so far as such regulations do not impair any rights and obligations arising from this Agreement. 2. In 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. 3. (a) Each Party shall maintain or institute as soon as 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 9-9 I I I

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 provision 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. 4. Where authorisation is required for the supply of a service on which a specific commitment und~r 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 timefrarne; (c) on request of the applicant, provide without undue delay information concerning the status of the application; and ( d) if an application is terminated or denied, to the extent possible, inform the applicant in writing and without delay the reasons for such action. The applicant will have the possibility of resubmitting, at its discretion, a new application. 5. 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 of licensing procedures, not in themselves a restriction on the supply of the service. 9-10

6. 7. 8. In determining whether a Party is in confonnity with the obligation under paragraph 5, account shall be taken of international standards of relevant international organisations applied by that Party. 7 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. 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 9.12: 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 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. 3. A Party shall not accord recognition in a manner which would constitute a means of discrimination between the other Party and non-parties in the application of its standards or criteria for the authorisation, licensing or certification of service suppliers, or a disguised restriction on trade in services. 4. The Parties agree to encourage, where possible, the relevant bodies in their respective territories responsible for issuance and recognition of professional and vocational qualifications to: 7 The tenn "relevant international organisations" refers to international bodfos whose membership is open to the relevant bodies of the Parties to this Agreement. 9-11 I I I I I I I I I

(a) strengthen cooperation and to explore possibilities for mutual recognition of respective professional and vocational qualifications; and (b) pursue mutually acceptable standards and criteria for licensing and certification with respect to service sectors of mutual importance to the Parties. ARTICLE 9.13: Payments and Transfers l. Except under the circumstances envisaged in Article 9 .16, a Party shall not apply restrictions on international transfers and payments for current transactions relating to its specific commitments. 2. Nothing in this Chapter shall affect the rights and obligations of the Parties as members of the International Monetary Fund under the Articles of Agreement of the Fund, including the use of exchange actions which are in conformity with the Articles of Agreement, provided that a Party shall not impose restrictions on any capital transactions inconsistently with its specific commitments regarding such transactions, except under Article 9 .16 or at the request of the International Monetary Fund. ARTICLE 9.14: Monopolies and Exclusive Service Suppliers The rights and obligations of the Parties in respect of monopolies and exclusive service suppliers shall be governed by paragraphs I, 2, and 5, of Article VIII of the GATS, which are hereby incorporated into and made part of this Agreement. ARTICLE 9.15: Business Practices l. The Parties recognise that certain business practices of service suppliers, other than those falling under monopolies and exclusive service suppliers, may restrain competition and thereby restrict trade in services. 2. Each Party shall, upon request of the other Party, enter into consultations with a view to eliminating practices referred to in paragraph 1. The Party addressed shall accord full and sympathetic consideration to such a request and shall. cooperate through the supply of publicly available non-confidential information of relevance to the matter in question. The Party addressed shall also provide other information available to the requesting Party, subject to its domestic law and to the conclusion of satisfactory agreement concerning the safeguarding of its confidentiality by the requesting Party. 9-12

ARTICLE 9.16: Restrictions to Safeguard the Balance-of-Payments 1. The Parties shall endeavour to avoid the imposition of restrictions to safeguard the balance of payments. 2. Where either of the Parties to this Agreement is in serious balance of payments difficulties, or under threat thereof, it may adopt or maintain restrictive measures with regard to trade in services, including on payments and transfers. 3. The rights and obligations� of the Parties in respect of such restrictions shall be governed by paragraphs 1 to 3 of Article XII of the GA TS, which are hereby incorporated into and made part of this Agreement. A Party adopting or maintaining such restrictions shall promptly notify the Joint Committee thereof. ARTICLE 9.17: Denial of Benefits 1. A Party may deny the benefits of this Chapter to a service supplier that is a juridical person, if persons of a non-Party own or control that juridical person and the denying Party: (a) does not maintain diplomatic relations with the non-Party and that non-Party is not a Member of the WTO; or (b) adopts or maintains measures with respect to the non-Party or a person of the non-Party that prohibit transactions with the enterprise or that would be violated or circumvented if the benefits of this Agreement were accorded to the enterprise or to its investments. 2. In the case of the supply of a maritime transport service, if it establishes that the service is supplied: (a) by a vessel registered under the laws of a non-Party, and (b) by a person which operates and/or uses the vessel in whole or in part but which is of a non-Party; 3. Subject to prior notification and consultation, a Party may deny the benefits of this Chapter to services and service suppliers of the other Party where the service is being supplied by a juridical person of a non-party, or a person of the other Party without real and continuous links with the economy of the other Party or with negligible or no business operations in the territory of the other Party. 9-13 I I

ARTICLE 9.18: Monitoring and Evaluation 1. The Joint Committee in accordance with Article 14 (Joint Committee) shall establish the Subcommittee on Trade in Services, which shall carry out such functions as may be assigned to it by the Joint Committee to facilitate the operation of this chapter and further its objectives, including considering additional Annexes that may be proposed by the Parties. 2. The Subcommittee on Trade in Services shall meet regularly to monitor and evaluate the implementation of this chapter. 3. With the objective of further liberalising trade in services between them, the Parties agree to jointly review, their Schedules of Specific Commitments, taking into account any services liberalisation developments as a result of on-going work under the auspices of the WTO. ARTICLE 9.19: Annexes The following Annexes form an integral part of this Chapter: ? Annex 9A -UAE Schedule of Specific Commitments ? Annex 9B -Kenya Schedule of Specific Commitments

Chapter 10. DIGITAL TRADE

ARTICLE 10.1: Definitions For the purposes of this Chapter: CHAPTER 10  authentication means the process or act of verifying the identity of a party to an electronic commw1ication or transaction and ensuring the integrity of an electronic comrnuojcation; customs duty includes any duty or charge of any kind imposed on or in connection with the importation of a good, and any surtax or surcharge imposed in connection with such importation, but does not include any: (a) charge eqwvalent to an internal tax imposed consistently with paragraph 2 of Article ID of the GA TT 1994; (b) fee or other charge in connection with the importation commensurate with the cost of services rendered; or (c) antidumping or countervailing duty; digital product means a computer programme, text, video, image, sound recordmg or other product that is digitally encoded, produced for commercial sale or distribution, and that can be transmitted electronically; 1? 2 digital or electronic signature means data in digital or electronic form that is in, affixed to, or logically or cryptographically associated with, a digital or electronic document, and that may be used to identify or verify the signatory in relation to the digitaJ or electronic document and indicate the signatory's approval of the information contained in the digital or electronic document; electronic transmission or transmitted electronically means a transmission made using any electromagnetic means, including by photonic means; open data means non-proprietary information, including data, made freely available to the public by the central level of government; 1 For greater certainty, digital product does not include a digitised representation of a financial instrument, including money. 2 The definition of digital product should not be understood to reflect a Party's view on whether trade in digital products through electronic transmission should be categorised as trade in services or trade in goods. DK 10-1 I I I I I I

I personal data means any information, including data, about an identified or identifiable natural person; trade administration documents means forms issued or controlled by a Party that must be completed by or for an importer or exporter in connection with the import or export of goods;and unsolicited commercial electronic message means an electronic message which is sent for commercial or marketing purposes to an electronic address, without the consent of the recipient or despite the explicit rejection of the recipient, through an Internet access service supplier or, to the extent provided for under the laws and regulations of each Party, other telecommunications service. ? ARTICLE 10.2: Objectives The objectives of this Chapter are to: (a) foster an environment conducive to the further advancement of digital trade, including electronic commerce and the digital transformation of the global economy;(b) facilitate, strengthen, expand and diversify Information Communication Technology and digital trade within the framework of this Agreement subject to the laws, regulations, and rules enforced in each Party; ( c) encourage trusted, safe, ethical and responsible adoption and use of emerging technologies to support and promote digital trade; and (d) promote and facilitate digital trade between the Parties by, inter alia, reducing barriers to digital trade. ARTICLE 10.3: Scope I. This Chapter shall apply to measures adopted or maintained by a Party that affect trade by electronic means. 2. This Chapter shall not apply to: (a) government procurement; or (b) information held or processed by or on behalf of a Party, or measures related to such information, including measures related to its coll.ection. 3. For greater certainty, the Parties affirm that measures affecting the supply of a service delivered or performed electronically are subject to the relevant provisions of Chapter 9 (Trade in Services) and its Annexes, including any 10-2

exceptions or limitations set out in this Agreement that are applicable to such prov1s1ons. ARTICLE 10.4: Customs Duties 1. Each Party shall maintain its current practice of not imposing customs duties on digital or electronic transmissions, between a person of a Party and a person of the other Party in accordance with the WTO Ministerial Decision in relation to Electronic Commerce 2. The moratorium under paragraph 1 shall depend on further outcomes in the WTO Ministerial Decisions on customs duties on electronjc transmission with.in the framework of the Work Programme on Electronjc Commerce. 3. For greater certainty, paragraph 1 shall not preclude a Party from imposing internal taxes, fees or other charges on content transmitted digitally or electronically, provided that such taxes, fees, or charges are imposed in a manner consistent with this Agreement. ARTICLE 10.5: Non-Discriminatory Treatment of Digital Products 1. A Party shall not accord less favourable treatment to certain digital products than it accords to other like iligital products: (a) on the basis that (i) the digital products receiving less favourable treatment are created, produced, published, stored, transmitted, contracted for, commissioned, or first made available on commercial terms, in the territory of the other Party; or (ii) the author, performer, producer, developer, or distributor of such digital products is a person of the other Party; or (b) so as otherwise to afford protection to the other like digital products that are created, produced, published, stored, transmitted, contracted for, commissioned, or first made available on commercial terms, in its territory. 2. A Party shall not accord less favourable treatment to digital products: (a) created, produced, published, stored, transmitted, contracted for, commissioned, or first made available on commercial terms, in the territory of the other Party than it accords to like digital products created, 10-3 ?.::.-t::.....z I I I I

produced, published, contracted for, commissioned, or first made available on commercial terms in the territory of a non-Party; or (b) whose author, performer, producer, developer, or distributor of such digital products is a person of the other Party than it accords to like digital products whose author, performer, producer, developer, or distributor of such digital products is a person of a non-Party. 3. Paragraphs 1 and 2 of this Article are subject to relevant exceptions, limitations or reservations set out in this Agreement or its Annexes, if any. 4. This Article does not apply to measures affecting the electronic transmission of a series of text, video, images, sound recordings, and other products scheduled by a content provider for aural and/or visual reception, and for which the content consumer bas no choice over the scheduling of the series. ARTICLE 10.6: Domestic Electronic Transactions Framework l. Each Party shall endeavour to maintain a legal framework governing electronic transactions consistent with the principles of the UNCITRAL Model Law on Electronic Commerce (1996) ("UNCITRAL Model Law"). 2. Each Party shall endeavour to: (a) avoid any unnecessary regulatory burden on electronic transactions; and (b) facilitate input by interested persons in the development and review of its legal framework for electronic transactions, including in relation to trade documentation. ARTICLE 10.7: Authentication 1. Except in circumstances otherwise provided for under its law, a Party shall not deny the legal validity of a signature solely on the basis that the signature is in digital or electronic form. 2. Neither Party shall adopt or maintain measures regarding authentication that would: (a) prohibit parties to an electronic transaction from mutually detennining the appropriate authentication methods for that transaction; or (b) prevent parties to an electronic transaction from having the opportunity to establish before judicial or administrative authorities that their transaction complies with any legal requirements with respect to authentication. 10-4

3. Notwithstanding paragraph 2, a Party may require that, for a particular category of transactions, the method of authentication meets certain performance standards or is certified by an authority accredited in accordance with its law. 4. The Parties shall encourage the use of interoperable means of authentication. ARTICLE 10.8: Paperless Trad.ing Each Party shall endeavour to: (a) make trade administration documents available to the public in digital or electronic form; and (b) accept trade administration documents submitted electronically as the legal equivalent of the paper version of those documents. ARTICLE 10.9: Online Consumer Protection 1. The Parties recognise the importance of adopting and maintaining transparent and effective measures to protect consumers from misleading, deceptive, and fraudulent commercial practices when they engage in digital trade. 2. Each Party shall endeavour to adopt or maintain consumer protection laws to proscribe misleading, deceptive, and fraudulent commercial activities that cause harm or potential harm to consumers engaged in digital trade. 3 ARTICLE 10.10: Personal Data Protection 1. The Parties recognise the economic and social benefits of protecting the personal data of persons who conduct or engage in electronic transactions and the contribution that this makes to enhancing consumer confidence in digital trade. 2. To this end, each Party shall endeavour to adopt or maintain a legal framework that provides for the protection of the personal data of the users of digital trade. 4 In the development of any legal framework for the protection of personal data, 3 For greater certainty, a Party may comply with the obligation in this paragraph by adopting or maintaining measures such as generally applicable consumer protection laws or regulations or sector-or medium�specific laws or regulations regarding consumer protection. 4 For greater certainty, a Party may comply with the obligation in this paragraph by adopting or maintaining measures such as a comprehensive privacy, personal information or personal data protection laws, sector�specific laws covering privacy, or laws that provide for the enforcement of voluntary undertakings by enterprises relating to privacy. 10-5 I I

each Party should endeavour to take into account principles and guidelines of relevant international organisations. To this end, each Party shall endeavour to adopt or maintain a legal framework that provides for safeguards to ensure the protection of the personal data of the users of digital trade .. Nothing in this Agreement shall affect the protection of personal data and privacy afforded by the Parties' respective safeguards. 3. The Parties shall endeavour to develop collaboration mechanisms and frameworks for cross-border complaints resolution, investigations, enforcement on personal data protection for digital trade. ARTICLE 10.11: Principles on Access to and Use of the Internet for Digital Trade To support the development and growth of digital trade, each Party recognizes that consumers in its territory should be able to: (a) access and use services and applications of their choice, unless prohibited by the Party's law; (b) run services and applications of their choice, subject to the Party's law, including the needs of legal and regulatory enforcement activities; and (c) connect their choice of devices to the Internet, provided that such devices do not harm the network and are not otherwise prohibited by the Party's law. ARTICLE 10.12: Cross-Border Flow of Information 1. Recognizing the importance of the free flow of information in facilitating trade, and acknowledging the importance of protecting personal data, the Parties shall endeavour to refrain from imposing or maintaining unjustifiable barriers to electronic information flows across borders. 2. For greater certainty, either Party may adopt or maintain measures inconsistent with paragraph I to achieve a legitimate public policy objective or protect security interests, provided that the measure is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination, or a disguised restriction on digital trade. ARTICLE 10.13: Open Data 1. The Parties recognise that facilitating public access to and use of open data contributes to stimulating economic and social benefit, competitiveness, 10-6

2. productivity improvements and innovation. To the extent that a Party chooses to make available open data, it shall endeavour to ensure: (a) that the information is appropriately anonymised, contains descriptive metadata and is in a machine readable and open fom1at that allows it to be searched, retrieved, used, reused and redistributed freely by the public; and (b) to the extent practicable, that the information is made available in a spatially enabled format with reliable, easy to use and freely available AP!s and is regularly updated. The Parties shall endeavour to cooperate to identify ways in which each Party can expand access to and use of open data, with a view to enhancing and generating business and research opportunities. ARTICLE 10.14: Digital Government 1. The Parties recognise that technology can enable more efficient and agile government operations, improve the quality and reliability of government services, and enable governments to better serve the needs of their citizens and other stakeholders. 2. To th.is end, the Parties shall endeavour to develop and implement strategies to digitally transfom1 their respective government operations and services, which may include: (a) adopting open and inclusive government processes focusing on accessibility, transparency, and accountability in a manner that overcomes digital divides; (b) promoting cross-sectoral and cross-governmental coordination and collaboration on digital agenda issues; (c) shaping government processes, services and policies with digital inclusivity in mind; (d) providing a unified digital platform and common digital enables for government service delivery; (e) leveraging emerging technologies to build capabilities in anticipation of disasters and crises and facilitating proactive responses; (f) generating public value from government data by applying 1t m the planning, delivering and monitoring of public policies, and adopting rules and ethical principles for the trustworthy and safe use of data; 10-7 -\_.;;->-I I I I I I I I I

(g) making government data and policy-making processes available for the public, in accordance to each Party's laws and policies; and (h) promoting initiatives to raise the level of digital capabilities and skills of both the populace and the government workforce. 3. Recognising that the Parties can benefit by sharing their experiences with digital government initiatives, the Parties shall endeavour to cooperate on activities relating to the digital transformation of government and government services, which may include: (a) exchanging information and experiences on digital government strategies and policies; (b) sharing best practices on digital government and the digital delivery of government services; and (c) providing advice or training, including through exchange of officials, to assist the other Party in building digital government capacity. ARTICLE 10.15: Digital and Electronic Invoicing 1. The Parties recognise the importance of digital and electronic invoicing to increase the efficiency, accuracy, and reliability of commercial transactions. Each Party also recognises the benefits of ensuring that the systems used for digital and electronic invoicing within its territory are interoperable with the systems used in the other Party's territory. 2. Each Party shall endeavour to ensure that the implementation of measures related to digital and electronic invoicing in its territory supports cross-border interoperability between the Parties' digital and electronic invoicing frameworks. To this end, each Party shall endeavour to base its measures relating to digital and electronic invoicing on international frameworks. 3. The Parties recognise the economic importance of promoting the global adoption of digital and electronic invoicing systems, including interoperable international frameworks. To this end, the Parties shall endeavour to: (a) promote, encourage, support or facilitate the adoption of digital and electronic invoicing by enterprises; (b) promote the existence of policies, infrastructure and processes that support digital and electronic invoicing; (c) generate awareness of, and build capacity for, digital and electronic invoicing; and I 0-8 -~

(d) share best practices and promote the adoption of interoperable international digital and electronic invoicing systems. ARTICLE 10.16: Digital and Electronic Payments 1. Recognising the rapid growth of digital. and electronic payments, in particular those provided by non-bank, non-financial institutions and financial technology enterprises, the Parties shall endeavour to support the development of efficient, safe and secure cross-border digital and electronic payments by: (a) fostering the adoption and use of internationally accepted standards for digital and electronic payments; (b) promoting interoperability and the interlinking of digital electronic payment infrastructures; and (c) encouraging innovation and competition m digital and electronic payments services. 2. To this end, each Party shall endeavour to: (a) make publicly available its laws and regulations of general applicability relating to digital and electronic payments, including in relation to regulatory approval, licensing requirements, procedures and technical standards; (b) finalise decisions on regulatory or licensing approvals relating to digital and electronic payments in a timely manner; (c) not arbitrarily or unjustifiably discriminate between financial institutions and non-financial institutions in relation to access to services and infrastructure necessary for the operation of digital and electronic payment systems; ( d) adopt or utilize international standards for electronic data exchange between financial institutions and services suppliers, in accordance with each Party's laws and regulations, to enable greater interoperability between digital and electronic payment systems; ( e) facilitate the use of open platforms and architectures such as tools and protocols provided for through Application Programming Interfaces ("APls") and encourage payment service providers to safely and securely make APis for their products and services available to third parties, where possible, to facilitate greater interoperability, innovation and competition in electronic payments; and 10-9 I I I I I

(f) facilitate innovation and competition and the introduction of new financial and electronic payment products and services in a timely manner, such as through adopting regu.latory and industry sandboxes. ARTICLE 10.17: Digita.l Identities Recognising that cooperation between the Parties on digital identities for natural persons and enterprises will promote connectivity and further growth of digital trade, and recognjsing that each Party may take different legal and techrucal approaches to digital identities, the Parties shall endeavour to pursue mechanisms to promote compatibility between their respective digital identity regimes. This may include: (a) developing appropriate frameworks and common standards to foster technical interoperabiEty between each Party's implementation of digital identities; (b) developing comparable protection of digital identities under each Party's respective legal frameworks, or the recognition of their legal effects, whether accorded autonomously or by agreement; ( c) supporting the development of international frameworks on digital identity regimes; and (d) exchanging knowledge and expertise on best practices relating to digital identity policies and regulations, technical implementation and security standards, and the promotion of the use of digital identities. ARTICLE 10.18: Cooperation 1. Recognising the importance of digital trade to their collective economies, the Parties shall endeavour to maintain a dialogue on regulatory matters relating to digital trade with a view to sharing information and experiences, as appropriate, including on related laws, regulations, and their implementation, and best practices with respect to digital trade, includmg in relation to: (a) online consumer protection; (b) personal data protection; (c) anti-money laundering and sanctions compliance for digital trade; (d) unsolicited commercial electronic messages; ( e) authentication; 10-10

(f) intellectual property concerns with respect to digital trade; (g) challenges for small and medium-sized enterprises in digital trade; and (h) digital government. 2. The Parties have a shared vision to promote secure digital trade and recognise that threats to cybersecurity undermine confidence in digital trade. Accordingly, the Parties recognise the importance of: (a) BuiJding the capabilities of their government agencies responsible for computer security incident response; (b) Using existing collaboration mechanisms to cooperate to identify and mitigate malicious intrusions or dissemination of malicious code that affect the electronic networks of the Parties; and (c) Promoting the development of a strong public and private workforce in the area of cybersecurity, including possible initiatives relating to mutual recognition of qualifications. I 0-11

I CHAPTERll MICRO, SMALL AND MEDIUM-SIZED ENTERPRISES ARTICLE 11.1: General Principles 1. The Parties, recognizing the fundamental role of "micro, small and medium-sized enterprises ("MSMEs") in maintaining dynamism and enhancing competitiveness of their respective economies, shall foster close cooperation between their MSMEs and cooperate in promoting jobs and growth in MSMEs. 2. The Parties recognize the integral role of the private sector in the MSME cooperation to be implemented under this Chapter. 3. The definition of MSME and its application will be subject to the eristing laws and regulations of each Party. ARTICLE 11.2: Cooperation to Increase Trade and Investment Opportunities for MSMEs With a view to more robust cooperation between the Parties to enhance commercial opportunities for MSMEs, each Party shall seek to increase trade and investment opportunities, and in particular shall: (a) identify and promote priority sectors and value chains that will enhance MSMEs participation in international trade; (b) promote cooperation between the Parties' small business support infrastructure, including dedicated MSMEs centres, incubators and accelerators, export assistance centres (production centres, aggregation 1, value addition, information and export logistics), and other centres as appropriate; ( c) create an international netv,rork for sharing best practices, exchanging market research, and promoting MSME participation in international trade, as well as business growth in local markets; 1 Aggregation centers are points where entrepreneurs collect their products for purpose of storage to prolong freshness of the produce. In addition, the collection centers facilitate bulking of products from MSMEs in order to achieve appropriate quantities for the market. 11-1 -c--=-

(d) promote linkages between the Parties' MSMEs with large corporates in order to enhance MSMEs participation in international trade through sub�contracting; ( e) strengthen collaboration with the other Party on act1v1t.Les to promote MSMEs owned by women and youth, as well as start-ups, and promote partnership among these MSMEs and their �participation in international trade; (f) enhance cooperation with the other Party to exchange information and best practices in areas including improving MSME access to capital and credit, MSME participation in covered government procurement opportunities, and helping MSMEs adapt to changing market conditions; and (g) encourage participation in purpose-built mobile or web-based platforms, for business entrepreneurs and counselJors to share information and best practices to help MSMEs link with international suppliers, buyers, and other potential business partners. ARTICLE 11.3: Information Sharing 1. Each Party shall establish or maintain its own free, publicly accessible website containing information regarding this Agreement, including: (a) the text of this Agreement; (b) a summary of this Agreement; and (c) information designed for MSMEs that contains: (i) a description of the provisions in this Agreement that the Party considers to be relevant to MSMEs; and (ii) any additional information that would be useful for MSMEs interested in benefitting from the opportunities provided by this Agreement. 2. Each Party shall include in its website links or information through automated electronic transfer to: (a) the equivalent websites of the other Party; and (b) the websites of its own government agencies and other appropriate entities that provide information the Party considers useful to any person interested in trading, investing, or doing business in that Party's territory. 11-2 I I I I

I I 3. Subject to each Party's laws and regulations, the information described m paragraph 2(b) may include: (a) customs regulations, procedures, or enquiry points; (b) regulations or procedures concerning intellectual property, trade secrets, and patent protection rights; ? (c) technical regulations, standards, quality or conformity assessment procedures; (d) sanitary or phytosanitary measures relating to importation or exportation; ( e) foreign investment regulations; (f) business registration; (g) trade promotion programs; (h) competitiveness programs; (i) SME investment and financing programs; (j) taxation, accounting; (k) government procurement opportunities; or (I) other information which the Party considers to be useful for MSMEs. 4. Each Party shall regularly review the information and links on the website referred to in paragraphs 1 and 2 to ensure the information and links are up-to�date and accurate. 5. To the extent possible, each Party shall make the information in this Article available in English. If this information is available in another authentic language of this Agreement, the Party shall endeavour to make this information available, as appropriate. ARTICLE 11.4: Subcommittee on MSME Issues 1. The Parties hereby establish the Subcommittee on MSME Issues ("MSME Subcommittee"), comprising national and local government, as well as private sector, representatives of each Party. 2. The MSME Subcommittee shall: 11-3

(a) identify ways to assist MSME in the Parties' territories to take advantage of the commercial opportunities resulting from this Agreement and to strengthen MSME competitiveness; (b) identify and recommend ways for further cooperation between the Parties to develop and enhance partnerships betwee1? MSME s of the Parties; (c) exchange and discuss each Party's experiences and best practices in supporting and assisting MSME exporters with respect to, among other things, training programs, trade education, trade finance, trade missions, trade facilitation, digital trade, identifying commercial partners in the territories of the Parties, and establishing good business credentials; (d) promote seminars, workshops, webinars, mentorship sessions, or other activities to inform MSME of the benefits available to them under this Agreement; (e) explore opportunities for capacity building to facilitate each Party's work in developing and enhancing MSME export counselling, assistance, and training programs; (f) recommend additional information that a Party may include on the website referred to in Article 11.3; (g) review and coordinate its work program with the work of other subcommittees, working groups, and other subsidiary bodies established under this Agreement, as well as of other relevant international bodies, to avoid duplication of work programs and to identify appropriate opportunities for cooperation to improve the ability of MSMEs to engage in trade and investment opportunities resulting from this Agreement; (h) collaborate with and encourage subcommittees, working groups and other subsidiary bodies established under this Agreement to consider MSME�related commitments and activities into their work; (i) review the implementation and operation of this Chapter and MSME�related provisions within this Agreement and report findings and make recommendations to the Joint Committee that can be included in future work and MSME assistance programs as appropriate; U) facilitate the development of programs to assist MSMEs to participate and integrate effectively into the Parties' regional and global supply chains; (k) promote the participation of MSMEs in digital trade in order to take advantage of the opportunities resulting from this Agreement and rapidly access new markets; (~ VI~ 11-4 I I I I I I I

I (m) facilitate the exchange of information on entrepreneurship education and awareness programs for youth and women to promote the entrepreneurial environment in the territories of the Parties; submit on an annual basis, unless the Parties decide otherwise, a report of its activities and make appropriate rec<?mmendations to the Joint Committee; and (n) consider any other matter pertammg to MSMEs as the MSMEs Subcommittee may decide, including issues raised by MSMEs regarding their ability to benefit from this Agreement. 3. The MSMEs Subcommittee shall convene within one year of the date of entry into force of this Agreement. 4. The MSME Subcommittee may seek to collaborate with appropriate experts and international donor organizations in carrying out its programs and activities. 5. The MSME Subcommittee shall report to the Joint Committee established under Chapter 14 (Administration of the Agreement). 6. The MSME Subcommittee shall establish its terms of reference at its first meeting and may revise those terms as needed, and shall thereafter meet as needed at its own discretion or at the discretion of the Joint Committee. ARTICLE 11.5: Non-Application of Dispute Settlement Chapter 16 (Dispute Settlement) shall not apply to any matter or dispute arising from this Chapter. Any disagreement arising out of the implernentati.on of this Chapter shall be settled amicably within the framework of the Joint Committee. 11-5

CHAPTER12 ECONOMIC AND DEVELOPMENT COOPERATION ARTICLE 12.1: General Provision l . The Parties undertake to promote and strengthen an open trade and investment environment that seeks to improve welfare, reduce poverty, raise living standards, and create new employment opportunities in support of development. 2. The Parties acknowledge the importance of development in promoting inclusive economic growth, as well as the instrumental role that trade and investment can play in contributing to economic development and prosperity. 3. The Parties acknowledge that economic growth and development contribute to achieving the objectives of this Agreement of promoting economic integration. 4. The Parties also acknowledge that effective domestic coordination of trade, investment and development policies can contribute to sustainable economic growth. 5. The Parties recognize the potential for joint development activities between the Parties to reinforce efforts to achieve sustainable development goals. 6. The Parties reaffirm that development cooperation is a core element of their partnership and an essential factor for the realisation of the objectives of this Agreement. 7. The Parties agree to consider their respective developmental needs and how they can increase production and supply capacity, foster the structural transformation and competitiveness of their economies, enhance economic diversification, and add value, in order to promote sustainable development and enhanced trade between the Parties. 8. The Parties commit to cooperate in order to facilitate the implementation of this Agreement and to support related development strategies. 9. For the purposes of the implementation of this Agreement, the Parties shall endeavour to jointly and individually mobilize resources m accordance with Article 12.6.2. ARTICLE 12.2: Objectives I. The Parties shall promote cooperation under th.is Agreement for their mutual benefit in order to liberalize and facilitate trade and investment between them and foster economic growth. 12-1 c::::::::=---I I I I

2. Economic and development cooperation under this Chapter shall be built upon a common understanding between the Parties to support the implementation of this Agreement, with the objective of maximising its benefits, supporting pathways to trade and investment facilitation and openness to contribute to the sustainable inclusive economic growth and prosperity of the Parties. 3. The economic and development cooperation shall endeavour to: (a) enhance the competitiveness of the Parties' economies; (b) contribute to transforming the structure of the Parties' economies by establishing a strong, competitive and diversified economic base through enhancing production, distribution, transport, marketing, value addition and post-harvest technology; (c) develop trade capacity as well as capacity to attract investment; (d) enhance trade and investment policies; (e) build supply capacity and enabling the smooth implementation of this Agreement; (f) enhance technical cooperation between the Parties; and (g) promote collaboration and mutual support on economic and development matters at multilateral levels. ARTICLE 12.3: Scope 1. 2. Economic and development cooperation under this Chapter shall support the effectiveness and efficiency of the implementation and utilisation of this Agreement through activities that relate to trade and investment. Economic and development cooperation under this Chapter shall focus on, inter aha, the following areas: (a) manufacturing industry; (b) trade and investment promotion; (c) tourism; (d) human resource development; (e) ICT and the digital economy; (f) financial services; (g) infrastructure and logistics enhancement; (h) agriculture and livestock; 12-2

(i) private sector development; (j) fisheries and blue economy; (k) water, environment and the green economy; (1) health; (m) energy; (n) SPS; (o) TBT; (p) customs and trade facilitation; ( q) transport; (r) shipping and maritime; (s) export market and product development; and (t) structured commodities tracling. 3. The Parties may agree in the Annual Work Program on Economic and Development Cooperation Activities to modify the above list, including by adding other areas for economic and development cooperation. ARTICLE 12.4: Means of Cooperation The Parties shall endeavour to encourage technical, technological and scientific, economic and development cooperation, through the following: (a) joint organization of conferences, seminars, workshops, meetings, training sessions and outreach and education programs; (b) exchange of delegations, professionals, technicians and specialists from the academic sector, institutions dedicated to research, private sector and govern.mental agencies, including study visits and internship programs for professional training; (c) dialogue and exchange of experiences between the Parties' private sector and agencies involved in trade promotion; (d) initiation of the knowledge-sharing platform aiming to transfer experience and best practices in the field of government development and modernization to other countries through UAE's Government Experience Exchange Programme; (e) promoting joint business initiatives between entrepreneurs of the Parties; 12-3 I I I

(f) exchanges on technical matters including through the uses of expertise from academic institutions and other similar entities; and (g) any other form of cooperation that may be agreed by the Parties. ARTICLE 12.5: Competition Policy J. The Parties recognise the importance of free and undistorted competition in their trade relations. The Parties may cooperate to exchange information relating to the development of competition policy, subject to their domestic laws and regulations and available resources. The Parties may conduct such cooperation through their competent authorities. 2. The Parties may consult on matters related to anti-competitive practi.ces and their adverse effects to trade and investment. The consultations shall be without prejudice to the autonomy of each Pa.rty to develop, maintain and enforce its domestic competition laws and regulations. ARTICLE 12.6: Resources 1. Resources for economic and development cooperation under this Chapter shall be provided in a manner as agreed by the Parties and in accordance with the laws and regulations of the Parties. 2. The Parties, on the basis of mutual benefit, may consider cooperation with, and contributions from, external parties to support the implementation of the Annual Work Program. ARTICLE 12.7: Committee on Economic and Development Cooperation 1. For the purposes of the effective implementation and operation of this Chapter, the Parties hereby establish a Committee on Economic and Development Cooperation in accordance with Article 14.1.3 (Joint Committee). 2. The Subcommittee on Economic and Development Cooperation shall undertake the following functions: (a) monitor and assess the implementation of this Chapter; (b) identify new opportunities and agree on new ideas for prospective cooperation or capacity building activities; (c) formulate and develop Annual Work Programme proposals and their implementation mechanisms; 12-4

coordinate, monitor and review progress of the Annual Work Programme to assess its overall effectiveness and contribution to the implementation and operation of this Chapter; suggest amendments to the Annual Work Programme through periodic evaluations; (f) cooperate with other subcommittees and/or subsidiary bodies established under this Agreement to perform stocktaking, monitoring, and benchmarking on any issues related to the implementation of this Agreement, as well as to provide feedback and assistance in the implementation and operation of this Chapter; and (g) report to and, if deemed necessary, consult with the Joint Committee in relation to the implementation and operation of this Chapter. ARTICLE 12.8: Annual Work Program on Economic and Development Cooperation Activities 1. The Committee on Economic and Development Cooperation shall prepare and adopt an Annual Work Program on Economic and Development Cooperation Activities ("Annual Work Program") based on proposals submitted by the Parties. 2. Each activity in an Annual Work Program developed under this Chapter shall: (i) be guided by the objectives agreed in Article 12.2; (ii) be related to trade or investment and support the implementation of this Agreement; (iii) involve both the Parties; (iv) address the mutual priorities of the Parties; (v) and avoid duplicating existing economic cooperation activities. ARTICLE 12.9: Non-application of Chapter 16 (Dispute Settlement) Chapter 16 (Dispute Settlement) shall not apply to any matter or dispute arising from this Chapter. Any differences arising out of the implementation of this Chapter, shall be settled amicably within the framework of the Joint Committee. 12-5

CBAPTER13 INTELLECTUAL PROPERTY ARTICLE 13.l: Definitions SECTION A General Provisions For the purposes of this Chapter: intellectual property refers to all categories of intellectual property that are the subject of Sections one through seven of Part II of the TRIPS Agreement; national means, in respect oftbe relevant right, a person of a Party that would meet the criteria for eligibility for protection provided for in the agreements listed in Article 13.5 of this agreement or the TRIPS Agreement; and WIPO means the World Intellectual Property Organization. ARTICLE 13.2: Objectives The Parties shall endeavour to promote, support, protect and enforce intellectual property rights so as to contribute to the promotion of trade, investment, technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations. ARTICLE 13.3: Principles The Parties may adopt appropriate measures to prevent the abuse of intellectual property rights by right holders or resort to practices that unreasonably restrain trade or adversely affect the international transfer of technology provided that such measures are consistent with this Agreement. ARTICLE 13.4: Nature and Scope of Obligations Each Party shall give effect to the provisions of this Chapter. A Party may, but shall not be obliged to, provide more extensive protection for, or enforcement of, intellectual property rights under its law than is required by this Chapter and the 13-1