Japan - United Kingdom CEPA (2020)
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(d) reinforcing bilateral cooperation between the Parties in international fora.

2. Nothing in this Section shall affect the right of a Party to define or regulate its own levels of protection in pursuit or furtherance of its public policy objectives in areas such as:

(a) public health;

(b) human, animal and plant life and health;

(c) occupational health and safety;

(d) labour conditions;

(e) the environment including climate change;

(f) consumers;

(g) social protection and social security;

(h) personal data and cybersecurity;

(i) cultural diversity;

(j) financial stability; and

(k) energy security.

3. Nothing in this Section shall be construed to prevent a Party from:

(a) adopting, maintaining and applying regulatory measures in accordance with its legal framework, principles and deadlines, in order to achieve its public policy objectives at the level of protection it deems appropriate; and

(b) providing and supporting services of general interest, including those related to water, health, education or social services.

4. Regulatory measures shall not constitute a disguised barrier to trade.

5. Nothing in this Section shall be construed as obliging the Parties to achieve any particular regulatory outcome.

Article 18.2. Definitions

For the purposes of this Section:

(a) "regulatory authority" means:

(i) the Government of the United Kingdom for the United Kingdom; and

(ii) the Government of Japan for Japan; and

(b) "regulatory measures" means measures of general application, which are:

(i) for the United Kingdom:

(A) primary legislation; and

(B) secondary legislation; and

(ii) for Japan:

(A) laws;

(B) Cabinet Orders; and

(C) Ministerial Ordinances.

Article 18.3. Scope

1. This Section applies to regulatory measures issued by the regulatory authority of a Party in respect of any matter covered by this Agreement.

2. Sub-Sections 3 and 4 apply to other measures of general application issued by the regulatory authority of a Party which are relevant for regulatory cooperation activities, such as guidelines, policy documents or recommendations, in addition to the regulatory measures referred to in paragraph 1.

Subsection 2. Good Regulatory Practices

Article 18.4. Internal Coordination

Each Party shall maintain internal coordination processes or mechanisms to foster good regulatory practices, including those provided for in this Section.

Article 18.5. Regulatory Processes and Mechanisms

Each Party shall make publicly available descriptions of the processes and mechanisms under which its regulatory authority prepares, evaluates and reviews its regulatory measures. Those descriptions shall refer to relevant guidelines, rules or procedures, including those regarding opportunities for the public to provide comments.

Article 18.6. Early Information on Planned Regulatory Measures

The regulatory authority of each Party shall make publicly available at least once a year a list of its planned major (1) regulatory measures, together with a brief description of their scope and objectives, including, if available, the estimated timing for their adoption. Alternatively, if the regulatory authority of a Party does not make such a list publicly available, that Party shall provide annually, and as soon as possible, the Committee on Regulatory Cooperation established pursuant to Article 23.3 with the list together with the brief description. That list together with the brief description, with the exception of information designated as confidential, may be made publicly available by the regulatory authority of each Party.

(1) The regulatory authority of each Party may determine what constitutes "major" regulatory measures for the purposes of its obligations under this Section.

Article 18.7. Public Consultations

1. When preparing major regulatory measures, the regulatory authority of each Party shall, where applicable, and in accordance with the relevant rules and procedures:

(a) publish either the draft regulatory measures or consultation documents providing sufficient details about regulatory measures under preparation to allow any person to assess whether and how the person's interests might be significantly affected;

(b) offer, on a non-discriminatory basis, reasonable opportunities for any person to provide comments; and

(c) consider the comments received.

2. The regulatory authority of each Party should make use of electronic means of communication and seek to maintain a dedicated single access web portal for the purposes of providing information and receiving comments related to public consultations.

3. The regulatory authority of each Party shall make publicly available any comment received or a summary of the results of the consultations. This obligation does not apply to the extent necessary for the protection of confidential information, for withholding personal data or inappropriate content or for other justified grounds such as the risk of harm to the interests of a third party.

Article 18.8. Impact Assessment

1. The regulatory authority of each Party shall endeavour to systematically carry out, in accordance with the relevant rules and procedures, an impact assessment of major regulatory measures under preparation.

2. When carrying out an impact assessment, the regulatory authority of each Party shall establish and maintain processes and mechanisms under which the following factors will be taken into consideration:

(a) the need for the regulatory measure, including the nature and the significance of the issue that the regulatory measure intends to address;

(b) any feasible and appropriate regulatory or non-regulatory alternatives, including the option of not regulating, if available, that would achieve the Party's public policy objectives;

(c) to the extent possible and relevant, the potential social, economic and environmental impact of those alternatives, including on trade and on small and medium-sized enterprises (1) and

(d) where appropriate, how the options under consideration relate to relevant international standards, including the reason for any divergence.

3. The regulatory authority of each Party shall publish the findings of its impact assessments no later than the publication of the related proposed or final regulatory measure.

(1) For the purposes of this subparagraph, for the United Kingdom, "small and medium-sized enterprises" means small and micro businesses.

Article 18.9. Retrospective Evaluation

1. The regulatory authority of each Party shall maintain processes or mechanisms to promote periodic retrospective evaluation of regulatory measures in force.

2. The regulatory authority of each Party shall make publicly available its plans for and the results of such retrospective evaluations to the extent consistent with the relevant rules and procedures.

Article 18.10. Opportunity to Submit Comments

The regulatory authority of each Party shall, without prejudice to the pursuit of each Party's public policy objectives, provide an opportunity for any person to submit comments for improvements of regulatory measures in force, including suggestions for simplification or reduction of unnecessary burdens.

Article 18.11. Exchange of Information on Good Regulatory Practices

The regulatory authorities shall endeavour to exchange information, including in the Committee on Regulatory Cooperation, on their good regulatory practices as referred to in this Sub-Section, such as practices regarding impact assessments, including the assessment of the effects on trade and investment, or those regarding retrospective evaluations.

Subsection 3. Regulatory Cooperation

Article 18.12. Regulatory Cooperation Activities

1. Each Party may propose a regulatory cooperation activity to the other Party. It shall present that proposal via the contact point designated in accordance with Article 18.15.

2. The other Party shall review the proposal in due course and shall inform the proposing Party whether it considers the proposed activity suitable for regulatory cooperation.

3. On request of a Party, the Committee on Regulatory Cooperation shall discuss a proposal for regulatory cooperation activities referred to in paragraph 1.

4. In order to identify suitable activities for regulatory cooperation, each Party shall consider:

(a) the list provided for in Article 18.6; and

(b) proposals for regulatory cooperation activities submitted by persons of a Party that are substantiated and accompanied by relevant information.

5. If the Parties decide to engage in a regulatory cooperation activity, the regulatory authority of each Party shall:

(a) inform the regulatory authority of the other Party about the development of new or the revision of existing measures that are relevant for the regulatory cooperation activity;

(b) upon request, provide information and discuss measures that are relevant for the regulatory cooperation activity; and

(c) when developing new or revising existing regulatory or other measures, consider, to the extent feasible, any regulatory approach by the other Party on the same or a related matter.

6. The Parties may engage in regulatory cooperation activities on a voluntary basis. A Party may refuse to engage in or withdraw from regulatory cooperation activities. A Party that refuses to engage in or withdraws from regulatory cooperation activities should explain the reasons for its decision to the other Party.

7. Where appropriate, the regulatory authorities may, by mutual consent, entrust the implementation of a regulatory cooperation activity to the relevant bodies in the Parties.

Article 18.13. Good Practices to Promote Regulatory Compatibility

The regulatory authority of each Party shall, in order to promote regulatory compatibility, consider, inter alia, the following:

(a) promotion of common principles, guidelines, codes of conduct, mutual recognition of equivalence and implementing tools, to avoid unnecessary duplication of regulatory requirements such as testing, qualifications, audits or inspections; and

(b) bilateral cooperation and cooperation with third countries in relevant international fora, where feasible, including through joint initiatives and proposals, with a view to developing and promoting the adoption and implementation of international regulatory standards, guidelines or other approaches.

Subsection 4. Institutional Provisions

Article 18.14. Committee on Regulatory Cooperation

1. The Committee on Regulatory Cooperation established pursuant to Article 23.3 shall enhance and promote good regulatory practices and regulatory cooperation between the Parties in accordance with the provisions of this Section.

2. The Committee on Regulatory Cooperation may invite interested persons to participate in its meetings.

3. The Committee on Regulatory Cooperation may, in particular:

(a) discuss proposals for regulatory cooperation activities;

(b) exchange information on, and promote, good regulatory practices;

(c) recommend regulatory cooperation activities on matters of common interest to the Parties, including those on pre-regulatory research;

(d) promote bilateral regulatory cooperation activities with the aim of facilitating compatible regulatory outcomes in each Party, in particular in areas where no regulatory measures exist or where their developments are at an initial stage;

(e) support the development of practical mechanisms, implementing tools and best practices to promote good regulatory practices and regulatory cooperation;

(f) encourage regulatory cooperation and coordination in international fora, including periodic bilateral exchanges of information on relevant ongoing or planned activities;

(g) periodically identify and endorse priority areas of regulatory cooperation;

(h) provide guidelines, if necessary, to help streamline the regulatory cooperation of other specialised committees referred to in Article 23.3 and of other bilateral regulatory cooperation fora;

(i) consider the report on the outcome of the consultations referred to in paragraph 8 of Article 18.16 and review the progress on the implementation of the satisfactory solutionreferred to in paragraph 6 of Article 18.16, if applicable; and

(j) establish, as necessary, ad hoc working groups to pursue specific regulatory cooperation activities, which shall report to the Committee on Regulatory Cooperation.

4. The Committee on Regulatory Cooperation shall:

(a) meet within one year of the date of entry into force of this Agreement and at least once a year thereafter, unless the representatives of the Parties decide otherwise; and

(b) adopt its rules of procedure at its first meeting after the entry into force of this Agreement.

Article 18.15. Contact Points

Each Party shall, upon the entry into force of this Agreement, designate a contact point for the implementation of this Section and for exchange of information in accordance with Article 18.16 and notify the other Party of the contact details including information regarding the relevant officials. The Parties shall promptly notify each other of any change of those contact details.

Article 18.16. Exchange of Information on Planned or Existing Regulatory Measures

1. A Party may submit to the other Party a request for information and clarifications regarding planned or existing regulatory measures of the other Party. The Party to whom the request is addressed shall endeavour to respond promptly.

2. A Party may submit to the other Party a request to consider its concerns about a planned or existing regulatory measure of the other Party. In its request, the requesting Party shall identify the regulatory measure at issue, provide a description of its concerns and, where relevant, submit questions.

3. The responding Party shall, as soon as possible but, unless justified, no later than 60 days after the receipt of the request, provide written comments as regards the concerns raised by the requesting Party pursuant to paragraph 2. Those comments shall, to the extent possible, include inter alia the policy objective and rationale of the regulatory measure and, where applicable, an explanation as to the absence of a less trade or investment restrictive measure which could achieve the same policy objective with the same efficiency. The responding Party shall reply to any questions for clarification submitted by the requesting Party.

4. The requesting Party may request consultations with the responding Party:

(a) after the receipt of the written comments referred to in paragraph 3; or

(b) after the expiration of the time period referred to in paragraph 3, if the responding Party does not provide written comments within that period.

5. The consultations may be held through meetings in person or by electronic means. Each Party shall appoint an official responsible for conducting the meetings.

6. During the consultations the Parties shall explore in good faith a possible satisfactory solution to address the concerns of the requesting Party, including proposals for an adjustment of the regulatory measure at issue or for the adoption of a less trade or investment restrictive regulatory measure, where relevant.

7. The Parties shall not be required to disclose confidential or sensitive information or data.

8. A report on the outcome of the consultations shall be prepared by the requesting Party in consultation with the responding Party. The contact point of the requesting Party shall send the report to the Committee on Regulatory Cooperation for its consideration.

9. The request referred to in paragraph 2 may also be submitted in cases where no satisfactory solution has been reached at the level of the relevant specialised committee and is without prejudice to the Parties' rights and obligations under Chapter 22 or under the dispute settlement procedure of any other applicable agreement.

10. The request referred to in paragraph 2 shall not require the responding Party to achieve a particular regulatory outcome and shall not delay the adoption of a regulatory measure.

Section B. Animal Welfare

Article 18.17. Animal Welfare

1. The Parties will cooperate for their mutual benefit on matters of animal welfare with a focus on farmed animals with a view to improving the mutual understanding of their respective laws and regulations.

2. For that purpose, the Parties may adopt by mutual consent a working plan defining the priorities and categories of animals to be dealt with under this Article, and establish an Animal Welfare Technical Working Group to exchange information, expertise and experiences in the field of animal welfare and to explore the possibility of promoting further cooperation.

Section C. Final Provisions

Article 18.18. Application of Section a

1. The provisions of Section A do not apply to Section B and to the regulatory cooperation in financial services provided for in Sub-Section 5 of Section E of Chapter 8.

2. Notwithstanding Article 18.3, any specific provisions in other Chapters of this Agreement shall prevail over the provisions of Section A to the extent necessary for the application of the specific provisions.

Article 18.19. Dispute Settlement

The provisions of this Chapter shall not be subject to dispute settlement under Chapter 22.

Chapter 19. COOPERATION IN THE FIELD OF AGRICULTURE

Article 19.1. Objectives

The Parties recognise that promoting trade in agricultural products (1) and foods between them is in their mutual interest, and aim at promoting cooperation on sustainable agriculture, including rural development and the exchange of technical information and best practices for providing safe and high quality foods for consumers in the Parties.

(1) For the purposes of this Chapter, "agricultural products" does not include forestry or fishery products.

Article 19.2. Scope

1. The Parties shall cooperate in the areas referred to in Article 19.1 in accordance with their respective laws and regulations. The Parties shall encourage and facilitate cooperation among relevant groups, entities, competent authorities and other organisations of the Parties.

2. The scope of cooperation referred to in paragraph 1 shall cover:

(a) the promotion of trade in agricultural products and foods, including a dialogue on the relevant laws and regulations;

(b) cooperation with a view to improving farm management, productivity and competitiveness, including the exchange of best practices regarding sustainable agriculture, as well as the use of technology and innovation;

(c) cooperation on production and technology in agriculture and foods;

(d) cooperation on agricultural product quality policy including on geographical indications (1), provided that such cooperation does not overlap with the tasks related to geographical indications of the Committee on Intellectual Property established pursuant to Article 23.3;

(e) cooperation and the exchange of best practices to promote rural development, such as policies aiming at keeping producers and young farmers in rural areas; and

(f) consultation on other matters covered by Article 19.1 as the Parties may agree.

(1) For the purposes of this Chapter, "agricultural product quality policy" on geographical indications refers to agricultural product quality policy on geographical indications for the products covered by Article 14.26.

Article 19.3. Cooperation for the Improvement of the Business Environment

1. Each Party shall, in accordance with its laws and regulations, take appropriate measures to further improve the business environment in the area of agriculture and foods for persons of the other Party conducting their business activities in the former Party.

2. To further improve the business environment, the Parties shall, in accordance with their respective laws and regulations, promote cooperation between the public authorities and representatives of the respective agriculture and food sectors of the Parties.

Article 19.4. Request for Information

Each Party may submit to the other Party a request for information and clarifications regarding measures related to agriculture or foods. The requested Party shall, as soon as possible but no later than 60 days after the receipt of the request, unless otherwise agreed by the Parties, provide written information as regards the request made by the requesting Party.

Article 19.5. Working Group on Cooperation In the Field of Agriculture

1. The Working Group on Cooperation in the Field of Agriculture established pursuant to Article 23.4 (hereinafter referred to in this Chapter as "the Working Group") shall be responsible for the effective implementation and operation of this Chapter.

2. The Working Group shall have the following functions:

(a) ensuring and reviewing the implementation and operation of this Chapter;

(b) discussing any issues related to this Chapter;

  • 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