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China - Maldives FTA (2017)
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If the Arbitral Tribunal under the Article 155 finds that the Party complained against fails to bring the measure found to be inconsistent with this Agreement into compliance with the recommendations of the Arbitral Tribunal within the reasonable period of time established, or the Party complained against express in writing that it will not implement the recommendations, and the Parties to the dispute fail to reach an agreement on compensation, within 20 days after entering into negotiations for compensation, the complaining Party may suspend the application of concessions or other obligations to the Party complained against. The complaining Party shall notify the Party complained against 30 days before suspending concessions or other obligations. The notification shall indicate the level and scope of the suspension of concessions or other obligations.

The level of the suspension of concessions or other obligations shall be equivalent to the level of the nullification or impairment.

In considering what concessions or other obligations to be suspended:

the complaining Party shall first seek to suspend concessions or other obligations in the same sector(s) as that affected by the measure that the Arbitral Tribunal has found to be inconsistent with the obligations derived of this Agreement; and

if the complaining Party considers that it is not practicable or effective to suspend concessions or other obligations in the same sector(s), it may suspend concessions or other obligations in other sectors. The communication in which it announces such a decision shall indicate the reasons on which it is based.

Upon written request of the Party concerned, the original Arbitral Tribunal shall determine whether the level of concessions or other obligations to be suspended by the complaining Party is excessive pursuant to paragraph 2. If the Arbitral Tribunal cannot be established with its original members, the proceeding set out in Article 148 shall be applied.

The Arbitral Tribunal shall present its determination within 60 days from the request made pursuant to paragraph 4, or if an Arbitral Tribunal cannot be established with its original members, from the date on which the last arbitrator is appointed.

The complaining Party may not suspend the application of concessions or other obligations before the issuance of the arbitral Tribunal’s determination pursuant to this Article.

Article 157. Post Suspension

Without prejudice to the procedures in Article 156, if the Party complained against considers that it has eliminated the non-conformity that the Arbitral Tribunal has found, it may 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 Tribunal within 60 days after receipt of such written notice. Otherwise, the complaining Party shall promptly stop the suspension of concessions or other obligations.

The Arbitral Tribunal shall present its report within 60 days after the referral of the matter. If the Arbitral Tribunal concludes that the Party complained against has

eliminated the non-conformity, the complaining Party shall promptly stop the suspension of concessions or other obligations.

Article 158. Private Rights

No Party may provide for a right of action under its domestic law against the other Party on the ground that a measure of the other Party is inconsistent with this Agreement.

Chapter 14. CHAPTER 14 EXCEPTIONS

Article 159. General Exceptions

1. For the purposes of Chapters 3 (Trade in Goods), 4 (Rules of Origin and Origin Implementation Procedures), 5 (Customs Procedures and Trade Facilitation), 6 (Technical Barriers to Trade and Sanitary and Phytosanitary Measures) and 7 (Trade Remedies), Article XX of GATT 1994 and its interpretative notes 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.

Article 160. Essential Security

Nothing in this Agreement shall be construed to:

(a) require a Party to furnish or allow access to any information the disclosure of which it determines to be contrary to its essential security interests; or

(b) preclude a Party from applying measures that it considers in good faith necessary for the fulfillment of its obligations under the United Nations Charter with respect to the maintenance or restoration of international peace or security, or the protection of its own essential security interests.

Article 161. Taxation

1. For the purposes of this Article:

(a) tax convention means a convention for the avoidance of double taxation or other international taxation agreement or arrangement to which the Parties are party.

(b) taxation measures do not include:

(i) a customs duty defined in Article 4; or

(ii) the measures listed in subparagraphs (b) and (c) of the definition of customs duty set out in Article 4.

2. Except as otherwise provided for in this Article, nothing in this Agreement shall apply to taxation measures.

3. (a) Nothing in this Agreement shall affect the rights and obligations of the Parties under any tax convention to which the Parties are party. In the event of any inconsistency relating to a taxation measure between this Agreement and any such convention, that convention shall prevail to the extent of the inconsistency.

(b) In the case of a tax convention between the Parties, the competent authorities under that convention shall have sole responsibility for determining whether any inconsistency exists between this Agreement and that convention.

4. This Agreement shall only grant rights or impose obligations with respect to taxation measures:

(a) where corresponding rights or obligations are also granted or imposed under the WTO Agreement;

(b) under Article 108.

5. For the purposes of this Article, competent authorities mean:

(a) for China, the Ministry of Finance and State Administration of Taxation; and

(b) for Maldives, the Maldives Inland Revenue Authority.

Article 162. Disclosure of Information

Nothing in this Agreement shall be construed to require a Party to furnish or allow access to confidential information, the disclosure of which would impede law enforcement, or otherwise be contrary to the public interest, or which would prejudice the legitimate commercial interests of particular enterprises, public or private.

Article 163. Measures to Safeguard the Balance of Payments

Where the Party is in serious balance of payments and external financial difficulties or threat thereof, it may, in accordance with the WTO Agreement and consistent with the Articles of Agreement of the International Monetary Fund, adopt measures deemed necessary.

Chapter 15. FINAL PROVISIONS

Article 164. Annexes

The Annexes to this Agreement constitute an integral part of this Agreement.

Article 165. Entry Into Force

This Agreement shall enter into force 30 days after the date on which the Parties exchange, through diplomatic channels, written notifications certifying that they have completed their respective necessary internal requirements, or on such other date as the Parties may agree.

Article 166. Amendments

1. The Parties may agree in writing to amend this Agreement. Any amendment shall enter into force in accordance with the procedures required for entry into force of this Agreement.

2. If any provision of the WTO Agreement or any other agreement to which the Parties are party that has been incorporated into this Agreement is amended, the Parties shall consult on whether to amend this Agreement, unless this Agreement provides otherwise.

Article 167. Termination

1. This Agreement shall remain in force unless either Party notifies the other Party in writing to terminate this Agreement. Such termination shall take effect 180 days following the date of receipt of the notification.

2. Within 30 days of a notification under paragraph 1, either Party may request consultations regarding whether the termination of any provision of this Agreement should take effect on a later date than provided under paragraph 1. Such consultations shall commence within 30 days of a Party’s delivery of such request.

Article 168. Authentic Texts

This Agreement is done in duplicate in the Chinese and English languages. Both texts of this Agreement shall be equally authentic.

Conclusion

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

Done at Beijing, on December 7, 2017, in duplicate, each Party shall keep one copy in Chinese and English languages.

For the Government of The People’s Republic of China

For the Government of The Republic of Maldives

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  • Chapter   1 GENERAL PROVISIONS 1
  • Article   1 Establishment of a Free Trade Area 1
  • Article   2 Relation to other Agreements 1
  • Article   3 Geographical Applicability 1
  • Chapter   2 GENERAL DEFINITIONS 1
  • Article   4 General Definitions 1
  • Chapter   3 TRADE IN GOODS 1
  • Article   5 Definitions 1
  • Article   6 Scope 1
  • Article   7 National Treatment 1
  • Article   8 Elimination of Customs Duties 1
  • Article   9 Accelerated Elimination of Customs Duties 1
  • Article   10 Import and Export Restrictions 1
  • Article   11 Administrative Fees and Formalities 1
  • Article   12 Non-Tariff Measures 1
  • Article   13 State Trading Enterprises 1
  • Article   14 Contact Points 1
  • Article   15 Committee on Trade In Goods 1
  • Chapter   4 RULES OF ORIGIN AND ORIGIN IMPLEMENTATION PROCEDURES 1
  • Section   A Rules of Origin 1
  • Article   16 Definitions 1
  • Article   17 Originating Goods 1
  • Article   18 Goods Wholly Obtained or Produced 1
  • Article   19 Regional Value Content 1
  • Article   20 Accumulation 1
  • Article   21 Minimal Operations or Processes 1
  • Article   22 De Minimis 1
  • Article   23 Fungible Materials 1
  • Article   24 Neutral Elements 2
  • Article   25 Packing, Packages and Containers 2
  • Article   26 Accessories, Spare Parts and Tools 2
  • Article   27 Direct Consignment 2
  • Section   B Origin Implementation Procedures 2
  • Article   28 Certificate of Origin 2
  • Article   29 Retention of Origin Documents 2
  • Article   30 Obligations Regarding Importations 2
  • Article   31 Refund of Import Customs Duties or Deposit 2
  • Article   32 Waiver of Certificate of Origin 2
  • Article   33 Verification of Origin 2
  • Article   34 Denial of Preferential Tariff Treatment 2
  • Article   35 Article 35: Electronic Origin Data Exchange System 2
  • Article   36 Self-Declaration of Origin 2
  • Article   37 Contact Points 2
  • Article   38 Consultation 2
  • Chapter   5 CUSTOMS PROCEDURES AND TRADE FACILITATION 2
  • Article   39 Definitions 2
  • Article   40 Scope and Objectives 2
  • Article   41 Facilitation 2
  • Article   42 Transparency 2
  • Article   43 Customs Valuation 2
  • Article   44 Tariff Classification 2
  • Article   45 Cooperation 2
  • Article   46 Advance Rulings 2
  • Article   47 Review and Appeal 2
  • Article   48 Application of Information Technology 2
  • Article   49 Risk Management 2
  • Article   50 Release of Goods 2
  • Article   51 Perishable Goods 3
  • Article   52 Single Window 3
  • Article   53 Consultation 3
  • Article   54 Committee on Customs 3
  • Chapter   6 TECHNICAL BARRIERS TO TRADE AND SANITARY AND PHYTOSANITARY MEASURES 3
  • Article   55 Scope and Definitions 3
  • Article   56 Objectives 3
  • Article   57 Affirmation 3
  • Article   58 Transparency 3
  • Article   59 Measures at the Border 3
  • Article   60 Article 60: Cooperation 3
  • Article   61 Contact Points 3
  • Article   62 Consultation and Dispute Settlement 3
  • Chapter   7 TRADE REMEDIES 3
  • Section   A General Trade Remedies 3
  • Article   63 Anti-dumping and Countervailing Measures 3
  • Article   64 Global Safeguard Measures 3
  • Section   B Bilateral Safeguard Measures 3
  • Article   65 Definitions 3
  • Article   66 Application of a Bilateral Safeguard Measure 3
  • Article   67 Scope and Duration of Bilateral Safeguard Measures 3
  • Article   68 Investigation Procedures and Transparency Requirements 3
  • Article   69 Provisional Measures 3
  • Article   70 Notification and Consultation 3
  • Article   71 Compensation 3
  • Chapter   8 TRADE IN SERVICES 3
  • Article   72 Definitions 3
  • Article   73 Scope and Coverage (2) 4
  • Article   74 National Treatment 4
  • Article   75 Market Access 4
  • Article   76 Additional Commitments 4
  • Article   77 Domestic Regulation 4
  • Article   78 Recognition 4
  • Article   79 Transparency 4
  • Article   80 Monopolies and Exclusive Service Suppliers 4
  • Article   81 Business Practices 4
  • Article   82 Subsidies 4
  • Article   83 Payments and Transfers 4
  • Article   84 Article 84: Restrictions to Safeguard the Balance of Payments 4
  • Article   85 Article 85: General Exceptions 4
  • Article   86 Security Exceptions 4
  • Article   87 Schedules of Specific Commitments 4
  • Article   88 Modification of Schedules 4
  • Article   89 Review 4
  • Article   90 Committee on Trade In Services 4
  • Article   91 Annexes 4
  • Chapter   9 INVESTMENT 4
  • Section   A Investment 4
  • Article   92 Scope and Coverage 4
  • Article   93 National Treatment (10) 4
  • Article   94 Most-Favored-Nation Treatment (11) 4
  • Article   95 Minimum Standard of Treatment (12) 4
  • Article   96 Compensation for Losses 5
  • Article   97 Expropriation and Compensation (13) 5
  • Article   98 Transfers (14) 5
  • Article   99 Performance Requirements 5
  • Article   100 Non-Conforming Measures 5
  • Article   101 Special Formalities and Information Requirements 5
  • Article   102 Subrogation 5
  • Article   103 Denial of Benefits 5
  • Article   104 Essential Security 5
  • Article   105 Protection of Confidential Information 5
  • Article   106 Measures to Safeguard the Balance of Payments 5
  • Article   107 Prudential Measures 5
  • Article   108 Taxation 5
  • Article   109 Promotion of Investment 5
  • Article   110 Facilitation of Investment 5
  • Article   111 Committee on Investment 5
  • Section   B Investor-State Dispute Settlement 5
  • Article   112 Consultations 5
  • Article   113 Submission of a Claim to Arbitration 5
  • Article   114 Consent of Each Party to Arbitration 6
  • Article   115 Conditions and Limitations on Consent of Each Party 6
  • Article   116 Constitution of the Tribunal 6
  • Article   117 Governing Law 6
  • Article   118 Awards 6
  • Article   119 Service of Documents 6
  • Section   C Definitions 6
  • Article   120 Definitions 6
  • Chapter   10 ECONOMIC AND TECHNICAL COOPERATION 6
  • Section   A General Provisions 6
  • Article   121 Objectives 6
  • Article   122 Scope 6
  • Article   123 Mechanisms for Cooperation 6
  • Article   124 Non-Application of Dispute Settlement 6
  • Section   B Areas of Cooperation 6
  • Article   125 Trade and Investment Promotion 6
  • Article   126 Tourism Cooperation 6
  • Article   127 Fisheries and Agriculture Cooperation 6
  • Article   128 Industry Cooperation 6
  • Article   129 Traditional Medicine Cooperation 7
  • Article   130 Financial Cooperation 7
  • Article   131 Taxation Cooperation 7
  • Article   132 Research, Science and Technology Cooperation 7
  • Article   133 Cooperation In Capacity Building 7
  • Chapter   11 TRANSPARENCY 7
  • Article   134 Publication 7
  • Article   135 Notification and Provision of Information 7
  • Article   136 Administrative Proceedings 7
  • Article   137 Review and Appeal 7
  • Chapter   12 ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS 7
  • Article   138 Establishment of the China-Maldives Free Trade Area Joint Commission 7
  • Article   139 Functions of the FTA Joint Commission 7
  • Article   140 Rules of Procedure of the FTA Joint Commission 7
  • Article   141 Specialized Committees 7
  • Article   142 Contact Points 7
  • Chapter   13 DISPUTE SETTLEMENT 7
  • Article   143 Cooperation 7
  • Article   144 Scope of Application 7
  • Article   145 Choice of Forum 7
  • Article   146 Consultation 7
  • Article   147 Establishment of an Arbitral Tribunal 7
  • Article   148 Composition of an Arbitral Tribunal 7
  • Article   149 Functions of Arbitral Tribunal 7
  • Article   150 Rules of Procedure of an Arbitral Tribunal 7
  • Article   151 Suspension or Termination of Proceedings 7
  • Article   152 Report of Arbitral Tribunal 7
  • Article   153 Implementation of Arbitral Tribunal’s Report 7
  • Article   154 Reasonable Period of Time 7
  • Article   155 Compliance Review 7
  • Article   156 Suspension of Concessions or other Obligations 8
  • Article   157 Post Suspension 8
  • Article   158 Private Rights 8
  • Chapter   14 CHAPTER 14 EXCEPTIONS 8
  • Article   159 General Exceptions 8
  • Article   160 Essential Security 8
  • Article   161 Taxation 8
  • Article   162 Disclosure of Information 8
  • Article   163 Measures to Safeguard the Balance of Payments 8
  • Chapter   15 FINAL PROVISIONS 8
  • Article   164 Annexes 8
  • Article   165 Entry Into Force 8
  • Article   166 Amendments 8
  • Article   167 Termination 8
  • Article   168 Authentic Texts 8
    • Name
    China - Maldives FTA (2017)
    PDF Link
    China - Maldives FTA (2017)
    Signed date
    07 / Dec / 2017
    Date into force
    01 / Jan / 2025
    Treaty type
    Other International Investment Agreements
    Origin language
    en,zh
    Party ISO codes
    CHN,MDV
    Relationship with other documents
    Type Agreements Date of signature Date of entry in force
    IT_OVERLAP Investment Facilitation for Development (2024)
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