Japan - United Kingdom CEPA (2020)
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Title

Agreement between the United Kingdom of Great Britain and Northern Ireland and Japan for a Comprehensive Economic Partnership

Preamble

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND (hereinafter referred to as "the United Kingdom") and JAPAN (hereinafter referred to collectively as "the Parties"),

CONSCIOUS of their longstanding and strong partnership based on common principles and values,

and of their important economic, trade and investment relationship;

RECOGNISING the importance of strengthening their economic, trade and investment relations, in accordance with the objective of sustainable development in the economic, social and environmental dimensions, and of promoting trade and investment between them, mindful of the needs of the business communities of each Party, in particular small and medium-sized enterprises, and of high levels of environmental and labour protection through relevant internationally recognised standards and international agreements to which both Parties are party;

RECOGNISING that this Agreement contributes to enhancing consumer welfare through policies ensuring a high level of consumer protection and economic well-being;

REALISING that a dynamic and rapidly changing global environment brought about by globalisation and closer integration among economies in the world presents many new economic challenges and opportunities to the Parties, particularly the growing significance of digital trade based on the principle of the free flow of data;

RECOGNISING that their economies are endowed with conditions to complement each other and that this complementarity should contribute to further promoting the development of trade and investment between the Parties by making use of their respective economic strengths through bilateral trade and investment activities;

BELIEVING that creating a clearly established and secured trade and investment framework through mutually advantageous rules to govern trade and investment between the Parties would enhance the competitiveness of their economies, make their markets more efficient and vibrant and ensure predictable commercial environment for further expansion of trade and investment between them;

REAFFIRMING their commitment to the Charter of the United Nations and having regard to the principles articulated in the Universal Declaration of Human Rights;

RECOGNISING the importance of transparency in international trade and investment to the benefit of all stakeholders;

SEEKING to establish clear and mutually advantageous rules governing trade and investment between the Parties and to reduce or eliminate barriers thereto;

SEEKING to increase women's access to and ability to benefit from the opportunities created by this Agreement and to support the conditions for women to participate equitably in the domestic and global economy;

RESOLVED to contribute to the harmonious development and expansion of international trade and investment by removing obstacles thereto through this Agreement and to avoid creating new barriers to trade or investment between the Parties that could reduce the benefits of this Agreement;

BUILDING on their respective rights and obligations under the WTO Agreement and other multilateral, regional and bilateral agreements to which both Parties are party; and

DETERMINED to establish a legal framework for strengthening their economic partnership,

HAVE AGREED AS FOLLOWS:

Body

Chapter 1. GENERAL PROVISIONS

Article 1.1. Objectives

The objectives of this Agreement are to liberalise and facilitate trade and investment, as well as to promote a closer economic relationship between the Parties.

Article 1.2. General Definitions

For the purposes of this Agreement, unless otherwise specified:

(a) "Agreement on Agriculture" means the Agreement on Agriculture in Annex 1A to the WTO Agreement;

(b) "Agreement on Anti-Dumping" means the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 in Annex 1A to the WTO Agreement;

(c) "Agreement on Import Licensing Procedures" means the Agreement on Import Licensing Procedures in Annex 1A to the WTO Agreement;

(d) "Agreement on Safeguards" means the Agreement on Safeguards in Annex 1A to the WTO Agreement;

(e) "CPC" means the Provisional Central Product Classification (Statistical Papers Series M No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991);

(f) "customs authority" means:

(i) for the United Kingdom, Her Majesty's Revenue and Customs and any other authority responsible for customs matters within the customs territory of the United Kingdom; and

(ii) for Japan, the Ministry of Finance;

(g) "customs legislation" means any laws and regulations of a Party, governing the import, export and transit of goods and placing of goods under any other customs procedures, including measures of prohibitions, restrictions and controls falling under the competence of the customs authority;

(h) "customs territory" means:

(i) for the United Kingdom, the territories of the United Kingdom, the Bailiwicks of Guernsey and Jersey and the Isle of Man; and

(ii) for Japan, the territory with respect to which the customs legislation of Japan is in force;

(i) "days" means calendar days;

(j) "DSU" means the Understanding on Rules and Procedures Governing the Settlement of Disputes in Annex 2 to the WTO Agreement;

(k) "EU-Japan EPA" means the Agreement between the European Union and Japan for an Economic Partnership, done at Tokyo on 17 July 2018;

(l) "GATS" means the General Agreement on Trade in Services in Annex 1B to the WTO Agreement;

(m) "GATT 1994" means the General Agreement on Tariffs and Trade 1994 in Annex 1A to the WTO Agreement; for the purposes of this Agreement, references to articles in the GATT 1994 include the interpretative notes;

(n) "GPA" means the Agreement on Government Procurement in Annex 4 to the WTO Agreement (1);

(1) For greater certainty, the "GPA" shall be understood to be the GPA as amended by the Protocol Amending the Agreement on Government Procurement, done at Geneva on 30 March 2012.

(o) "Harmonized System" or "HS" means the Harmonized Commodity Description and Coding System, including its General Rules for the Interpretation, Section Notes, Chapter Notes and Subheading Notes;

(p) "IMF" means the International Monetary Fund;

(q) "measure" means any measure, whether in the form ofa law, regulation, rule, procedure, decision, practice, administrative action, or in any other form;

(r) "natural person of a Party" means a national of a Party in accordance with its applicable laws and regulations;

(s) "person" means a natural person or a legal person;

(t) "SCM Agreement" means the Agreement on Subsidies and Countervailing Measures in Annex 1A to the WTO Agreement;

(u) "SPS Agreement" means the Agreement on the Application of Sanitary and Phytosanitary Measures in Annex 1A to the WTO Agreement;

(v) "TBT Agreement" means the Agreement on Technical Barriers to Trade in Annex 1A to the WTO Agreement;

(w) "territory" means the area to which this Agreement applies in accordance with Article 1.3; (1)

1 This definition does not apply to "territory" used in subparagraph (h), Article 1.3 and Article 1.8.

(x) "TFEU" means the Treaty on the Functioning of the European Union;

(y) "TRIPS Agreement" means the Agreement on Trade-Related Aspects of Intellectual Property Rights in Annex 1C to the WTO Agreement;

(z) "WIPO" means the World Intellectual Property Organization;

(aa) "WTO" means the World Trade Organization; and

(bb) "WTO Agreement" means the Marrakesh Agreement Establishing the World Trade Organization, done at Marrakesh on 15 April 1994.

Article 1.3. Territorial Application

1. This Agreement applies:

(a) for the United Kingdom, to the territory of the United Kingdom; and

(b) for Japan, to the territory of Japan.

2. Unless otherwise specified, this Agreement also applies to all the areas beyond each Party's territorial sea, including the sea-bed and subsoil thereof, over which that Party exercises sovereign rights or jurisdiction in accordance with international law including the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 December 1982 and its laws and regulations which are consistent with international law.

3. As regards the provisions of this Agreement concerning customs matters, this Agreement also applies to those areas of the customs territory of the United Kingdom not covered by subparagraph 1(a).

4. Notwithstanding subparagraph 1(a) and paragraph 2, for the United Kingdom, the Protocol on Mutual Recognition applies to its customs territory.

5. To the extent that application of this Agreement is not provided for under paragraphs 1 to 4, at the time of entry into force of this Agreement, or at any time thereafter, this Agreement, or specified provisions of this Agreement, may be extended to such territories for whose international relations the Government of the United Kingdom is responsible, as may be agreed between the Governments of the Parties in an exchange of diplomatic notes.

6. At any time after an extension in accordance with paragraph 5, the United Kingdom may notify Japan that this Agreement shall no longer apply to a territory for whose international relations the Government of the United Kingdom is responsible. To this end, the procedure set out in paragraph 2 of Article 24.4 shall apply, mutatis mutandis.

Article 1.4. Taxation

1. For the purposes of this Article:

(a) "residence" means residence for tax purposes;

(b) "tax agreement" means an agreement for the avoidance of double taxation or any other international agreement or arrangement relating wholly or mainly to taxation to which a Party is party; and

(c) "taxation measure" means a measure in application of the tax legislation of a Party.

2. This Agreement applies to taxation measures only in so far as such application is necessary to give effect to the provisions of this Agreement.

3. Nothing in this Agreement shall affect the rights and obligations of a Party under any tax agreement. In the event of any inconsistency between this Agreement and any such tax agreement, the tax agreement shall prevail to the extent of the inconsistency. With regard to a tax agreement between the Parties, the relevant competent authorities under this Agreement and that tax agreement shall jointly determine whether an inconsistency exists between this Agreement and the tax agreement.

4. Any most-favoured-nation obligation in this Agreement shall not be applicable with respect to an advantage accorded by a Party pursuant to a tax agreement.

5. The Joint Committee established pursuant to Article 23.1 may decide on a different scope of the application of dispute settlement under Chapter 22 with respect to taxation measures.

6. Subject to the requirement that taxation measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between the Parties where like conditions prevail, or a disguised restriction on trade and investment, nothing in this Agreement shall be construed to prevent the adoption, maintenance or enforcement by a Party of any taxation measure aimed at ensuring the equitable or effective imposition or collection of taxes such as measures:

(a) distinguishing between taxpayers who are not in the same situation, in particular with regard to their place of residence or the place where their capital is invested; or

(b) preventing the avoidance or evasion of taxes pursuant to the provisions of any tax agreement or domestic tax legislation.

Article 1.5. Security Exceptions

1. Nothing in this Agreement shall be construed:

(a) as requiring a Party to provide any information the disclosure of which it considers contrary to its essential security interests;

(b) as preventing a Party from taking any action, which it considers necessary for the protection of its essential security interests, including action:

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

(ii) relating to the production of or trade in arms, ammunition and implements of war as well as to the production of or trade in other goods and materials as carried out directly or indirectly for the purpose of supplying a military establishment;

(iii) relating to the supply of services as carried out directly or indirectly for the purpose of provisioning a military establishment; or

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

(c) as preventing a Party from taking any action in pursuance of its obligations under the Charter of the United Nations for the purpose of maintaining international peace and security.

2. Notwithstanding paragraph 1,

(a) for the purposes of Chapter 10, Article III of the GPA applies; and

(b) for the purposes of Chapter 14, Article 14.62 applies.

Article 1.6. Confidential Information

1. Unless otherwise provided for in this Agreement, nothing in this Agreement shall require a Party to provide confidential information the disclosure of which would impede the enforcement of its laws and regulations, or otherwise be contrary to the public interest, or which would prejudice legitimate commercial interests of particular enterprises, public or private.

2. When, under this Agreement, a Party provides the other Party with information which is considered as confidential under its laws and regulations, the other Party shall maintain the confidentiality of the information provided, unless the Party providing the information agrees otherwise.

Article 1.7. Fulfilment of Obligations and Delegated Authority

1. Each Party shall ensure that all necessary measures are taken in order to give effect to the provisions of this Agreement.

2. Unless otherwise specified in this Agreement, each Party shall ensure that any person or entity to which the Party has delegated regulatory or administrative authority to fulfil the Party's obligations under this Agreement acts in accordance with those obligations in the exercise of such delegated authority.

3. For greater certainty, neither Party shall be released from its obligations under this Agreement in the event of non-compliance with the provisions of this Agreement by any of its governmental levels or non-governmental bodies in the exercise of powers delegated by the Party to them.

Article 1.8. Laws and Regulations and Their Amendments

1. Where reference is made in this Agreement to laws and regulations of a Party, those laws and regulations shall be understood to include amendments thereto, unless otherwise specified.

2. Unless otherwise specified, where reference is made in this Agreement to laws and regulations of the European Union, it shall be understood as a reference to those laws and regulations of the European Union as incorporated or implemented in the laws and regulations of the United Kingdom in accordance with the European Union (Withdrawal) Act 2018 and includes subsequent amendments by the United Kingdom, if they exist, to those laws and regulations before the date of entry into force of this Agreement.

3. As regards the provisions of this Agreement which, in accordance with paragraphs 3 to 5 of Article 1.3, apply to a territory for whose international relations the Government of the United Kingdom is responsible:

(a) unless otherwise specified, where reference is made to laws and regulations of the European Union, it shall, in respect of that territory, be understood as a reference to those laws and regulations of the European Union as incorporated or implemented in the laws and regulations of that territory on the day following the date on which the EU-Japan EPA ceases to apply to the United Kingdom and includes any subsequent amendments, if they exist, to those laws and regulations before the date on which the provisions of this Agreement containing the reference begins to apply to that territory; and

(b) where reference is made to laws and regulations of the United Kingdom, it shall, in respect of that territory, be understood as a reference to the corresponding laws and regulations of that territory.

Article 1.9. Relation to other Agreements

1. The existing agreements between the Parties are not superseded or terminated by this Agreement.

2. Nothing in this Agreement shall require either Party to act in a manner inconsistent with its obligations under the WTO Agreement.

3. In the event of any inconsistency between this Agreement and any agreement other than the WTO Agreement to which both Parties are party, the Parties shall immediately consult with each other with a view to finding a mutually satisfactory solution.

4. Where international agreements (1) are referred to in or incorporated into this Agreement, in whole or in part, they shall be understood to include amendments thereto or their successor agreements entering into force for both Parties on or after the date of signature of this Agreement. If any matter arises regarding the implementation or application of the provisions of this Agreement as a result of such amendments or successor agreements, the Parties may, on request of either Party, consult with each other with a view to finding a mutually satisfactory solution to this matter as necessary.

5. (a) In the event of an inconsistency between this Agreement and the Protocol on Ireland/Northern Ireland to the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, signed in London and Brussels on 24 January 2020, this Agreement shall not prevent a Party from taking a particular measure not consistent with the obligations under this Agreement and relating to the inconsistency between this Agreement and that Protocol, provided that such a measure is not applied in a manner that would constitute a means of arbitrary or unjustified discrimination against the other Party or a disguised restriction on trade.

(b) In that event, a Party shall notify the other Party of such a measure and promptly provide, on request of the other Party, supplementary information or clarification thereon, and the Parties shall hold consultations, on request of either Party, in relation to the effects of the measure on this Agreement, and seek a mutually acceptable solution.

(1) The international agreements referred to in or incorporated into this Agreement shall be understood to include their most recent amendments having entered into force for both Parties before the date of signature of this Agreement.

Chapter 2. TRADE IN GOODS

Section A. General Provisions

Article 2.1. Objective

The objective of this Chapter is to facilitate trade in goods between the Parties and to progressively liberalise trade in goods in accordance with the provisions of this Agreement.

Article 2.2. Scope

Unless otherwise provided for in this Agreement, this Chapter applies to trade in goods between the Parties.

Article 2.3. Definitions

For the purposes of this Chapter:

(a) "export licensing procedures" means administrative procedures, whether or not referred to as licensing, used by a Party for the operation of export licensing regimes requiring the submission of an application or other documentation, other than that required for customs procedures, to the relevant administrative body as a prior condition for exportation from that Party;

(b) "non-automatic import or export licensing procedures" means licensing procedures where approval of the application is not granted for all persons who fulfil the requirements of the Party concerned for engaging in import or export operations involving the goods subject to those licensing procedures; and

(c) "originating" means qualifying as originating in a Party under the provisions of Chapter 3.

Article 2.4. Customs Duty

Each Party shall reduce or eliminate customs duties pursuant to paragraph 1 of Article 2.8. For the purposes of this Chapter, "customs duties" means any duty or charge of any kind imposed on or in connection with the importation of a good, including any form of surtax or surcharge imposed on or in connection with such importation, but does not include any:

(a) charge equivalent to an internal tax imposed in accordance with Article III of GATT 1994;

(b) duty applied in accordance with Articles VI and XIX of GATT 1994, the Agreement on Anti-Dumping, the SCM Agreement, the Agreement on Safeguards and Article 22 of the DSU; and

(c) fees or other charges imposed in accordance with Article 2.16.

Article 2.5. Agricultural Safeguards

1. Agricultural goods qualifying as originating goods of a Party (hereinafter referred to as “originating agricultural goods") shall not be subject to any duties applied by the other Party pursuant to a special safeguard measure taken under the Agreement on Agriculture.

2. Agricultural safeguard measures on the originating agricultural goods under this Agreement may be applied in accordance with Section C of Part 3 of Annex 2-A.

Section B. National Treatment and Market Access for Goods

Article 2.6. Classification of Goods

The classification of goods in trade between the Parties shall be in conformity with the Harmonized System.

Article 2.7. National Treatment

Each Party shall accord national treatment to the goods of the other Party in accordance with Article Il of GATT 1994. To that end, Article III of GATT 1994 is incorporated into and made part of this Agreement, mutatis mutandis.

Article 2.8. Reduction and Elimination of Customs Duties on Imports

1. Unless otherwise provided for in this Agreement, each Party shall reduce or eliminate customs duties on originating goods of the other Party in accordance with Annex 2-A.

2. Where a Party reduces its most-favoured-nation applied rate of customs duty, that duty rate shall apply to an originating good of the other Party if, and for as long as, it is lower than the customs duty rate on the same good calculated in accordance with Annex 2-A.

3. (a) The treatment of originating goods ofa Party classified under the tariff lines indicated with "S" in the Column "Note" in the Schedule of the United Kingdom in Section B of Part 2 of Annex 2-A and in the Schedule of Japan in Section D of Part 3 of Annex 2-A, shall be subject to review by the Parties in the fifth year following the date of entry into force of this Agreement or in a year on which the Parties otherwise agree, whichever comes first. The review shall proceed with a view to improving market access conditions through, for example, measures such as faster reduction or elimination of customs duties, streamlining of tendering processes, and improving the design and operation of the scheme set out in Section B of Part 3 of Annex 2, as well as addressing issues related to levies.

(b) The Parties shall commence a review of treatment of originating agricultural goods other than those covered by subparagraph (a) in the fifth year following the date of entry into force of this Agreement, with a view to improving market access conditions through, for example, measures such as faster reduction or elimination of customs duties, streamlining of tendering processes, and improving the design and operation of the scheme set out in Section B of Part 3 of Annex 2-A, as well as addressing issues related to levies.

4. Where a Party grants a larger or faster tariff reduction, higher quota or any other more favourable treatment than that provided for under this Agreement to a third country based on an international agreement for goods covered by subparagraph 3(a) which affects the balance in the United Kingdom's or Japan's market of such goods, the Parties shall, with a view to ensuring that the other Party obtains at least the same preference, commence such a review within three months of the date of entry into force of the international agreement between the United Kingdom and that third country or between Japan and that third country, and will conduct the review with the aim of concluding it within six months of the same date.

Article 2.9. Goods Re-entered after Repair and Alteration

1. A Party shall not apply a customs duty to a good, regardless of its origin, that re-enters its customs territory after having been temporarily exported from its customs territory to the customs territory of the other Party for repair or alteration, regardless of whether that repair or alteration could have been performed in the customs territory of the former Party, provided that the good concerned re-enters the customs territory of that former Party within the period as specified in its laws and regulations.

2. Paragraph 1 does not apply to a good in the customs territory of a Party under customs control without payment of import duties and taxes that is exported for repair or alteration and that does not re-enter the customs territory under customs control without payment of import duties and taxes.

3. A Party shall not apply a customs duty to a good, regardless of its origin, imported temporarily from the customs territory of the other Party for repair or alteration, provided that the good is re-exported from the customs territory of the importing Party within the period specified in its laws and regulations.

4. For the purposes of this Article, "repair" or "alteration" means any operation or process undertaken on a good to remedy operational defects or material damage and entailing the re-establishment of the good to its original function, or to ensure its compliance with technical requirements for its use. Repair or alteration of a good includes restoring and maintenance regardless of a possible increase in the value of the good, but does not include an operation or process that:

(a) destroys a good's essential characteristics or creates a new or commercially different good;

(b) transforms an unfinished good into a finished good; or

Page 1 Next page
  • Chapter   1 GENERAL PROVISIONS 1
  • Article   1.1 Objectives 1
  • Article   1.2 General Definitions 1
  • Article   1.3 Territorial Application 1
  • Article   1.4 Taxation 1
  • Article   1.5 Security Exceptions 1
  • Article   1.6 Confidential Information 1
  • Article   1.7 Fulfilment of Obligations and Delegated Authority 1
  • Article   1.8 Laws and Regulations and Their Amendments 1
  • Article   1.9 Relation to other Agreements 1
  • Chapter   2 TRADE IN GOODS 1
  • Section   A General Provisions 1
  • Article   2.1 Objective 1
  • Article   2.2 Scope 1
  • Article   2.3 Definitions 1
  • Article   2.4 Customs Duty 1
  • Article   2.5 Agricultural Safeguards 1
  • Section   B National Treatment and Market Access for Goods 1
  • Article   2.6 Classification of Goods 1
  • Article   2.7 National Treatment 1
  • Article   2.8 Reduction and Elimination of Customs Duties on Imports 1
  • Article   2.9 Goods Re-entered after Repair and Alteration 1
  • Article   2.10 Temporary Admission of Goods 2
  • Article   2.11 Customs Valuation 2
  • Article   2.12 Export Duties 2
  • Article   2.13 Standstill 2
  • Article   2.14 Export Competition 2
  • Article   2.15 Import and Export Restrictions 2
  • Article   2.16 Fees and Formalities Connected with Importation and Exportation 2
  • Article   2.17 Import and Export Licensing Procedures 2
  • Article   2.18 Remanufactured Goods 2
  • Article   2.19 Non-tariff Measures 2
  • Article   2.20 Restrictions to Safeguard the Balance of Payments 2
  • Article   2.21 General Exceptions 2
  • Section   C Facilitation of Wine Product Export 2
  • Article   2.22 Scope 2
  • Article   2.23 General Principle 2
  • Article   2.24 Authorisation of Oenological Practices - Phase One 2
  • Article   2.25 Authorisation of Oenological Practices — Phase Two 2
  • Article   2.26 Authorisation of Oenological Practices - Phase Three 2
  • Article   2.27 Self-certification 2
  • Article   2.28 Review, Consultations and Temporary Suspension of Self-certification 2
  • Article   2.29 Standstill 2
  • Article   2.30 Amendments 2
  • Section   D Other Provisions 2
  • Article   2.31 Exchange of Information 2
  • Article   2.32 Special Measures Concerning the Management of Preferential Tariff Treatment 2
  • Article   2.33 Committee on Trade In Goods 2
  • Article   2.34 Working Group on Wine 2
  • Chapter   3 RULES OF ORIGIN AND ORIGIN PROCEDURES 2
  • Section   A Rules of Origin 2
  • Article   3.1 Definitions 2
  • Article   3.2 Requirements for Originating Products 2
  • Article   3.3 Wholly Obtained Products 3
  • Article   3.4 Insufficient Working or Processing 3
  • Article   3.5 Accumulation 3
  • Article   3.6 Tolerances 3
  • Article   3.7 Unit of Qualification 3
  • Article   3.8 Accounting Segregation 3
  • Article   3.9 Sets 3
  • Article   3.10 Non-alteration 3
  • Article   3.11 Returning Products 3
  • Article   3.12 Accessories, Spare Parts, Tools and Instructional or other Information Materials 3
  • Article   3.13 Neutral Elements 3
  • Article   3.14 Packing Materials and Containers for Shipment 3
  • Article   3.15 Packaging Materials and Containers for Retail Sale 3
  • Section   B Origin Procedures 3
  • Article   3.16 Claim for Preferential Tariff Treatment 3
  • Article   3.17 Statement on Origin 3
  • Article   3.18 Importer's Knowledge 3
  • Article   3.19 Record Keeping Requirements 3
  • Article   3.20 Small Consignments and Waivers 4
  • Article   3.21 Verification 4
  • Article   3.22 Administrative Cooperation 4
  • Article   3.23 Mutual Assistance In the Fight Against Fraud 4
  • Article   3.24 Denial of Preferential Tariff Treatment 4
  • Article   3.25 Confidentiality 4
  • Article   3.26 Administrative Measures and Sanctions 4
  • Section   C Miscellaneous 4
  • Article   3.27 Committee on Rules of Origin and Customs-Related Matters 4
  • Article   3.28 Transitional Provisions for Products In Transit or Storage 4
  • Chapter   4 CUSTOMS MATTERS AND TRADE FACILITATION 4
  • Article   4.1 Objectives 4
  • Article   4.2 Scope 4
  • Article   4.3 Transparency 4
  • Article   4.4 Procedures for Import, Export and Transit 4
  • Article   4.5 Release of Goods 4
  • Article   4.6 Simplification of Customs Procedures 4
  • Article   4.7 Advance Rulings 4
  • Article   4.8 Appeal and Review 4
  • Article   4.9 Risk Management 4
  • Article   4.10 Post-clearance Audit 4
  • Article   4.11 Transit and Transhipment 4
  • Article   4.12 Customs Cooperation 4
  • Article   4.13 Temporary Admission 5
  • Article   4.14 Committee on Rules of Origin and Customs-Related Matters 5
  • Chapter   5 TRADE REMEDIES 5
  • Section   A General Provisions 5
  • Article   5.1 Definitions 5
  • Section   B Bilateral Safeguard Measures 5
  • Article   5.2 Application of Bilateral Safeguard Measures 5
  • Article   5.3 Conditions and Limitations 5
  • Article   5.4 Investigation 5
  • Article   5.5 Notification 5
  • Article   5.6 Consultations and Compensations 5
  • Article   5.7 Provisional Bilateral Safeguard Measures 5
  • Article   5.8 Miscellaneous 5
  • Section   C Global Safeguard Measures 5
  • Article   5.9 General Provisions 5
  • Article   5.10 Application of Safeguard Measures 5
  • Section   D Anti-dumping and Countervailing Measures 5
  • Article   5.11 General Provisions 5
  • Article   5.12 Transparency and Disclosure of Essential Facts 5
  • Article   5.13 Consideration of Public Interest 5
  • Article   5.14 Anti-dumping Investigation 5
  • Article   5.15 Imposition of Anti-dumping and Countervailing Duties ("Lesser Duty Rule") 5
  • Chapter   6 SANITARY AND PHYTOSANITARY MEASURES 5
  • Article   6.1 Objectives 5
  • Article   6.2 Scope of Application 5
  • Article   6.3 Definitions 5
  • Article   6.4 Relation to the WTO Agreement 5
  • Article   6.5 Competent Authorities and Contact Points 5
  • Article   6.6 Risk Assessment 5
  • Article   6.7 Import Conditions, Import Procedures and Trade Facilitation 5
  • Article   6.8 Audit 5
  • Article   6.9 Procedure for Listing of Establishments or Facilities 6
  • Article   6.10 Adaptation to Regional Conditions 6
  • Article   6.11 Transparency and Exchange of Information 6
  • Article   6.12 Technical Consultations 6
  • Article   6.13 Emergency Measures 6
  • Article   6.14 Equivalence 6
  • Article   6.15 Committee on Sanitary and Phytosanitary Measures 6
  • Article   6.16 Dispute Settlement 6
  • Chapter   7 TECHNICAL BARRIERS TO TRADE 6
  • Article   7.1 Objectives 6
  • Article   7.2 Scope 6
  • Article   7.3 Incorporation of Certain Provisions of the TBT Agreement 6
  • Article   7.4 Definitions 6
  • Article   7.5 Technical Regulations 6
  • Article   7.6 International Standards 6
  • Article   7.7 Standards 6
  • Article   7.8 Conformity Assessment Procedures 6
  • Article   7.9 Transparency 6
  • Article   7.10 Market Surveillance 7
  • Article   7.11 Marking and Labelling 7
  • Article   7.12 Lot Identification Codes 7
  • Article   7.13 Cooperation 7
  • Article   7.14 Committee on Technical Barriers to Trade 7
  • Article   7.15 Contact Points 7
  • Chapter   8 TRADE IN SERVICES, INVESTMENT LIBERALISATION AND ELECTRONIC COMMERCE 7
  • Section   A General Provisions 7
  • Article   8.1 Scope 7
  • Article   8.2 Definitions 7
  • Article   8.3 General Exceptions 7
  • Article   8.4 Committee on Trade In Services, Investment Liberalisation and Electronic Commerce 7
  • Article   8.5 Review 7
  • Section   B Investment Liberalisation 7
  • Article   8.6 Scope 7
  • Article   8.7 Market Access 8
  • Article   8.8 National Treatment 8
  • Article   8.9 Most-favoured-nation Treatment 8
  • Article   8.10 Senior Management and Boards of Directors 8
  • Article   8.11 Prohibition of Performance Requirements 8
  • Article   8.12 Non-conforming Measures and Exceptions 8
  • Article   8.13 Denial of Benefits 8
  • Section   C Cross-border Trade In Services 8
  • Article   8.14 Scope 8
  • Article   8.15 Market Access 8
  • Article   8.16 National Treatment 8
  • Article   8.17 Most-favoured-nation Treatment 8
  • Article   8.18 Non-conforming Measures 8
  • Article   8.19 Denial of Benefits 8
  • Section   D Entry and Temporary Stay of Natural Persons 8
  • Article   8.20 General Provisions and Scope 8
  • Article   8.21 Definitions 9
  • Article   8.22 General Obligations 9
  • Article   8.23 Transparency 9
  • Article   8.24 Obligations In other Sections 9
  • Article   8.25 Business Visitors for Establishment Purposes, Intra-corporate Transferees and Investors 9
  • Article   8.26 Contractual Service Suppliers and Independent Professionals 9
  • Article   8.27 Short-term Business Visitors 9
  • Article   8.28 Contact Points 9
  • Section   E Regulatory Framework 9
  • Subsection   1 Domestic Regulation 9
  • Article   8.29 Scope and Definitions 9
  • Article   8.30 Conditions for Licensing and Qualification 9
  • Article   8.31 Licensing and Qualification Procedures 9
  • Article   8.32 Technical Standards 9
  • Subsection   2 Provisions of General Application 9
  • Article   8.33 Administration of Measures of General Application 9
  • Article   8.34 Review Procedures for Administrative Decisions 9
  • Article   8.35 Mutual Recognition 9
  • Subsection   3 Postal and Courier Services 9
  • Article   8.36 Scope and Definitions 9
  • Article   8.37 Universal Service 10
  • Article   8.38 Border Procedures 10
  • Article   8.39 Licences 10
  • Article   8.40 Independence of the Regulatory Body 10
  • Subsection   4 Telecommunications Services 10
  • Article   8.41 Scope 10
  • Article   8.42 Definitions 10
  • Article   8.43 Approaches to Regulation 10
  • Article   8.44 Access and Use 10
  • Article   8.45 Number Portability 10
  • Article   8.46 Resale 10
  • Article   8.47 Enabling Use of Network Facilities and Interconnection 10
  • Article   8.48 Obligations Relating to Major Suppliers 10
  • Article   8.49 Regulatory Authority 10
  • Article   8.50 Universal Service 10
  • Article   8.51 Authorisation to Provide Telecommunications Networks and Services 10
  • Article   8.52 Allocation and Use of Scarce Resources 10
  • Article   8.53 Transparency 10
  • Article   8.54 Resolution of Telecommunications Disputes 10
  • Article   8.55 Relation to International Organisations 11
  • Article   8.56 Confidentiality of Information 11
  • Article   8.57 International Mobile Roaming 11
  • Subsection   5 Financial Services 11
  • Article   8.58 Scope 11
  • Article   8.59 Definitions 11
  • Article   8.60 New Financial Services  (1) 11
  • Article   8.61 Payment and Clearing Systems 11
  • Article   8.62 Self-regulatory Organisations 11
  • Article   8.63 Financial Information 11
  • Article   8.64 Effective and Transparent Regulation 11
  • Article   8.65 Prudential Carve-out 11
  • Article   8.66 Supply of Insurance Services by Postal Insurance Entities 11
  • Article   8.67 Regulatory Cooperation In Financial Services 11
  • Subsection   6 International Maritime Transport Services 11
  • Article   8.68 Scope and Definitions 11
  • Article   8.69 Obligations 11
  • Section   F Electronic Commerce 11
  • Article   8.70 Objective and General Provisions 11
  • Article   8.71 Definitions 11
  • Article   8.72 Customs Duties 12
  • Article   8.73 Source Code 12
  • Article   8.74 Domestic Regulation 12
  • Article   8.75 Principle of No Prior Authorisation 12
  • Article   8.76 Conclusion of Contracts by Electronic Means 12
  • Article   8.77 Electronic Authentication and Electronic Signature 12
  • Article   8.78 Principles on Access to and Use of the Internet for Electronic Commerce 12
  • Article   8.79 Consumer Protection 12
  • Article   8.80 Personal Information Protection 12
  • Article   8.81 Unsolicited Commercial Electronic Messages 12
  • Article   8.82 Open Government Data 12
  • Article   8.83 Cooperation on Electronic Commerce 12
  • Article   8.84 Cross-border Transfer of Information by Electronic Means 12
  • Article   8.85 Location of Computing Facilities 12
  • Article   8.86 Commercial Information and Communication Technology Products That Use Cryptography  (1) 12
  • Chapter   9 CAPITAL MOVEMENTS, PAYMENTS AND TRANSFERS AND TEMPORARY SAFEGUARD MEASURES 12
  • Article   9.1 Current Account 12
  • Article   9.2 Capital Movements 12
  • Article   9.3 Application of Laws and Regulations Relating to Capital Movements, Payments or Transfers 12
  • Article   9.4 Temporary Safeguard Measures 12
  • Chapter   10 GOVERNMENT PROCUREMENT 13
  • Article   10.1 Incorporation of the GPA (1) 13
  • Article   10.2 Additional Scope of Application 13
  • Article   10.3 Additional Rules 13
  • Article   10.4 Publication of Notices 13
  • Article   10.5 Conditions for Participation 13
  • Article   10.6 Qualification of Suppliers 13
  • Article   10.7 Selective Tendering 13
  • Article   10.8 Technical Specifications 13
  • Article   10.9 Test Reports 13
  • Article   10.10 Environmental Conditions 13
  • Article   10.11 Treatment of Tenders and Awarding of Contracts 13
  • Article   10.12 Domestic Review Procedures 13
  • Article   10.13 Collection and Reporting of Statistics 13
  • Article   10.14 Modifications and Rectifications to Coverage 13
  • Article   10.15 Cooperation 13
  • Article   10.16 Committee on Government Procurement 13
  • Article   10.17 Contact Points 13
  • Chapter   11 COMPETITION POLICY 13
  • Article   11.1 Principles 13
  • Article   11.2 Anticompetitive Practices 13
  • Article   11.3 Legislative and Regulatory Framework 13
  • Article   11.4 Operational Independence 13
  • Article   11.5 Non-discrimination 13
  • Article   11.6 Procedural Fairness 13
  • Article   11.7 Consumer Protection 13
  • Article   11.8 Transparency 14
  • Article   11.9 Enforcement Cooperation 14
  • Article   11.10 Dispute Settlement 14
  • Chapter   12 SUBSIDIES 14
  • Article   12.1 Principles 14
  • Article   12.2 Definitions 14
  • Article   12.3 Scope 14
  • Article   12.4 Relation to the WTO Agreement 14
  • Article   12.5 Notification 14
  • Article   12.6 Consultations 14
  • Article   12.7 Prohibited Subsidies 14
  • Article   12.8 Use of Subsidies 14
  • Article   12.9 General Exceptions 14
  • Article   12.10 Dispute Settlement 14
  • Chapter   13 STATE-OWNED ENTERPRISES, ENTERPRISES GRANTED SPECIAL RIGHTS OR PRIVILEGES AND DESIGNATED MONOPOLIES 14
  • Article   13.1 Definitions 14
  • Article   13.2 Scope 14
  • Article   13.3 Relation to the WTO Agreement 14
  • Article   13.4 General Provisions 14
  • Article   13.5 Non-discriminatory Treatment and Commercial Considerations 14
  • Article   13.6 Regulatory Framework 14
  • Article   13.7 Information Exchange 14
  • Article   13.8 General Exceptions 14
  • Chapter   14 INTELLECTUAL PROPERTY 14
  • Section   A General Provisions 14
  • Article   14.1 Initial Provisions 14
  • Article   14.2 Agreed Principles 14
  • Article   14.3 International Agreements 14
  • Article   14.4 National Treatment 15
  • Article   14.5 Most-favoured-nation Treatment 15
  • Article   14.6 Procedural Matters and Transparency 15
  • Article   14.7 Promotion of Public Awareness Concerning Protection of Intellectual Property 15
  • Section   B Standards Concerning Intellectual Property 15
  • Subsection   1 Copyright and Related Rights 15
  • Article   14.8 Authors 15
  • Article   14.9 Performers 15
  • Article   14.10 Producers of Phonograms 15
  • Article   14.11 Broadcasting Organisations 15
  • Article   14.12 Use of Phonograms 15
  • Article   14.13 Term of Protection  (1) 15
  • Article   14.14 Limitations and Exceptions 15
  • Article   14.15 Artist's Resale Right In Works of Art 15
  • Article   14.16 Collective Management 15
  • Article   14.17 Protection of Existing Subject Matter 15
  • Article   14.18 Technological Protection Measures 15
  • Article   14.19 Rights Management Information 15
  • Subsection   2 Trademarks 15
  • Article   14.20 Rights Conferred by a Trademark 15
  • Article   14.21 Exceptions 15
  • Article   14.22 Preparatory Acts Deemed as Infringement 15
  • Article   14.23 Well-known Trademarks 15
  • Article   14.24 Bad Faith Trademarks 15
  • Article   14.25 Registration and Renewal Processes 15
  • Subsection   3 Geographical Indications 15
  • Article   14.26 Scope 15
  • Article   14.27 System of Protection of Geographical Indications 15
  • Article   14.28 Lists of Geographical Indications 15
  • Article   14.29 Scope of Protection of Geographical Indications 15
  • Article   14.30 Scope of the Use of Geographical Indications 16
  • Article   14.31 Relationship with Trademarks 16
  • Article   14.32 Enforcement of Protection 16
  • Article   14.33 Exceptions 16
  • Article   14.34 Amendment of the Lists of Geographical Indications 16
  • Subsection   4 Industrial Designs  (1) 16
  • Article   14.35 Industrial Designs 16
  • Article   14.36 Multiple Design Applications  (1) 16
  • Subsection   5 Unregistered Appearance of Products 16
  • Article   14.37 Unregistered Appearance of Products 16
  • Subsection   6 Patents 16
  • Article   14.38 Patents 16
  • Article   14.39 Patents and Public Health 16
  • Article   14.40 Extension of the Period of Protection Conferred by a Patent on Pharmaceutical Products and Agricultural Chemical Products  (1) (2) 16
  • Subsection   7 Trade Secrets and Undisclosed Test or other Data 16
  • Article   14.41 Scope of Protection of Trade Secrets 16
  • Article   14.42 Treatment of Test Data In Marketing Approval Procedure 16
  • Subsection   8 New Varieties of Plants 16
  • Article   14.43 New Varieties of Plants 16
  • Subsection   9 Unfair Competition 16
  • Article   14.44 Unfair Competition 16
  • Section   C Enforcement 16
  • Subsection   1 General Provisions 16
  • Article   14.45 Enforcement - General 16
  • Article   14.46 Entitled Applicants 16
  • Subsection   2 Enforcement - Civil Remedies  (1) (2) 16
  • Article   14.47 Measures for Preserving Evidence 16
  • Article   14.48 Right of Information 16
  • Article   14.49 Provisional and Precautionary Measures 16
  • Article   14.50 Corrective Measures 16
  • Article   14.51 Injunctions 16
  • Article   14.52 Damages 17
  • Article   14.53 Costs 17
  • Article   14.54 Presumption of Authorship or Ownership 17
  • Article   14.55 Access to Justice 17
  • Subsection   3 Enforcement of Protection Against Misappropriation of Trade Secrets 17
  • Article   14.56 Civil Procedures and Remedies 17
  • Subsection   4 Enforcement - Border Measures 17
  • Article   14.57 Enforcement - Border Measures 17
  • Subsection   5 Enforcement - Criminal Remedies 17
  • Article   14.58 Criminal Procedures and Penalties 17
  • Subsection   6 Enforcement In the Digital Environment 17
  • Article   14.59 Enforcement In the Digital Environment 17
  • Section   D Cooperation and Institutional Arrangements 17
  • Article   14.60 Cooperation 17
  • Article   14.61 Committee on Intellectual Property 17
  • Article   14.62 Security Exceptions 17
  • Article   14.63 Dispute Settlement 17
  • Chapter   15 CORPORATE GOVERNANCE 17
  • Article   15.1 Objectives 17
  • Article   15.2 Definitions 17
  • Article   15.3 General Principles 17
  • Article   15.4 Rights of Shareholders and Ownership Functions 17
  • Article   15.5 Roles of the Board 17
  • Article   15.6 Takeovers 17
  • Article   15.7 Dispute Settlement 17
  • Chapter   16 TRADE AND SUSTAINABLE DEVELOPMENT 17
  • Article   16.1 Context and Objectives 17
  • Article   16.2 Right to Regulate and Levels of Protection 18
  • Article   16.3 International Labour Standards and Conventions 18
  • Article   16.4 Multilateral Environmental Agreements 18
  • Article   16.5 Trade and Investment Favouring Sustainable Development 18
  • Article   16.6 Biological Diversity 18
  • Article   16.7 Sustainable Management of Forests and Trade In Timber and Timber Products 18
  • Article   16.8 Trade and Sustainable Use of Fisheries Resources and Sustainable Aquaculture 18
  • Article   16.9 Scientific Information 18
  • Article   16.10 Transparency 18
  • Article   16.11 Review of Sustainability Impacts 18
  • Article   16.12 Cooperation 18
  • Article   16.13 Committee on Trade and Sustainable Development 18
  • Article   16.14 Contact Points 18
  • Article   16.15 Domestic Advisory Group 18
  • Article   16.16 Joint Dialogue with Civil Society 18
  • Article   16.17 Government Consultations 18
  • Article   16.18 Panel of Experts 18
  • Chapter   17 TRANSPARENCY 18
  • Article   17.1 Definitions 18
  • Article   17.2 Transparent Regulatory Environment 18
  • Article   17.3 Publication 18
  • Article   17.4 Enquiries 18
  • Article   17.5 Administration of Measures of General Application 18
  • Article   17.6 Review and Appeal 18
  • Article   17.7 Cooperation on the Promotion of Increased Transparency 18
  • Article   17.8 Relation to other Chapters 18
  • Article   17.9 Anti-Corruption 18
  • Chapter   18 GOOD REGULATORY PRACTICES AND REGULATORY COOPERATION 18
  • Section   A Good Regulatory Practices and Regulatory Cooperation 18
  • Subsection   1 General Provisions 18
  • Article   18.1 Objectives and General Principles 18
  • Article   18.2 Definitions 19
  • Article   18.3 Scope 19
  • Subsection   2 Good Regulatory Practices 19
  • Article   18.4 Internal Coordination 19
  • Article   18.5 Regulatory Processes and Mechanisms 19
  • Article   18.6 Early Information on Planned Regulatory Measures 19
  • Article   18.7 Public Consultations 19
  • Article   18.8 Impact Assessment 19
  • Article   18.9 Retrospective Evaluation 19
  • Article   18.10 Opportunity to Submit Comments 19
  • Article   18.11 Exchange of Information on Good Regulatory Practices 19
  • Subsection   3 Regulatory Cooperation 19
  • Article   18.12 Regulatory Cooperation Activities 19
  • Article   18.13 Good Practices to Promote Regulatory Compatibility 19
  • Subsection   4 Institutional Provisions 19
  • Article   18.14 Committee on Regulatory Cooperation 19
  • Article   18.15 Contact Points 19
  • Article   18.16 Exchange of Information on Planned or Existing Regulatory Measures 19
  • Section   B Animal Welfare 19
  • Article   18.17 Animal Welfare 19
  • Section   C Final Provisions 19
  • Article   18.18 Application of Section a 19
  • Article   18.19 Dispute Settlement 19
  • Chapter   19 COOPERATION IN THE FIELD OF AGRICULTURE 19
  • Article   19.1 Objectives 19
  • Article   19.2 Scope 19
  • Article   19.3 Cooperation for the Improvement of the Business Environment 19
  • Article   19.4 Request for Information 19
  • Article   19.5 Working Group on Cooperation In the Field of Agriculture 19
  • Article   19.6 Contact Points and Communications 20
  • Article   19.7 Relation to other Chapters 20
  • Article   19.8 Dispute Settlement 20
  • Chapter   20 SMALL AND MEDIUM-SIZED ENTERPRISES 20
  • Article   20.1 Objective 20
  • Article   20.2 Cooperation 20
  • Article   20.3 Information Sharing 20
  • Article   20.4 SME Contact Points 20
  • Article   20.5 Dispute Settlement 20
  • Chapter   21 TRADE AND WOMEN'S ECONOMIC EMPOWERMENT 20
  • Article   21.1 Women and the Economy 20
  • Article   21.2 Cooperation Activities 20
  • Article   21.3 Working Group on Trade and Women's Economic Empowerment 20
  • Article   21.4 Dispute Settlement 20
  • Chapter   22 DISPUTE SETTLEMENT 20
  • Section   A Objective, Scope and Definitions 20
  • Article   22.1 Objective 20
  • Article   22.2 Scope 20
  • Article   22.3 Definitions 20
  • Section   B Consultations and Mediation 20
  • Article   22.4 Request for Information 20
  • Article   22.5 Consultations 20
  • Article   22.6 Mediation 20
  • Section   C Panel Procedure 20
  • Article   22.7 Establishment of a Panel 20
  • Article   22.8 Composition of a Panel 20
  • Article   22.9 List of Arbitrators 21
  • Article   22.10 Qualifications of Arbitrators 21
  • Article   22.11 Replacement of Arbitrators 21
  • Article   22.12 Functions of Panels 21
  • Article   22.13 Terms of Reference 21
  • Article   22.14 Decision on Urgency 21
  • Article   22.15 Panel Proceedings 21
  • Article   22.16 Rules of Interpretation 21
  • Article   22.17 Receipt of Information 21
  • Article   22.18 Interim Report 21
  • Article   22.19 Final Report 21
  • Article   22.20 Compliance with the Final Report 21
  • Article   22.21 Compliance Review 21
  • Article   22.22 Temporary Remedies In Case of Non-compliance 21
  • Article   22.23 Compliance Review after the Adoption of Temporary Remedies 21
  • Article   22.24 Suspension and Termination of Proceedings 21
  • Section   D General Provisions 21
  • Article   22.25 Administration of the Dispute Settlement Procedure 21
  • Article   22.26 Mutually Agreed Solution 21
  • Article   22.27 Choice of Forum 21
  • Article   22.28 Time Period 21
  • Article   22.29 Expenses 21
  • Article   22.30 Rules of Procedure and Code of Conduct 21
  • Chapter   23 INSTITUTIONAL PROVISIONS 21
  • Article   23.1 Joint Committee 21
  • Article   23.2 Decisions and Recommendations of the Joint Committee  21
  • Article   23.3 Specialised Committees 21
  • Article   23.4 Working Groups 22
  • Article   23.5 Work of Specialised Committees, Working Groups and other Bodies 22
  • Article   23.6 Contact Points 22
  • Chapter   24 FINAL PROVISIONS 22
  • Article   24.1 General Review 22
  • Article   24.2 Amendments 22
  • Article   24.3 Entry Into Force 22
  • Article   24.4 Termination 22
  • Article   24.5 No Direct Effect on Persons 22
  • Article   24.6 Annexes, Appendices, Protocol and Footnotes 22
  • Article   24.7 Authentic Texts 22