Japan - United Kingdom CEPA (2020)
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(c) reporting the activities of the Working Group to the Joint Committee if there are any activities to be reported;

(d) facilitating cooperation among private sectors of the Parties that contributes to the objectives of this Chapter; and

(e) carrying out other functions as may be delegated by the Joint Committee pursuant to subparagraph 5(b) of Article 23.1.

3. The Working Group shall adopt its own rules of procedure and the details of the cooperation referred to in this Chapter.

4. The Working Group may, by consensus, invite representatives of relevant entities other than the Governments of the Parties with the necessary expertise relevant to the issues to be discussed.

Article 19.6. Contact Points and Communications

 1. Each Party shall, upon the entry into force of this Agreement, designate at least one contact point to facilitate communications between the Parties on any matter relating to this Chapter 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.

2. The requests relating to this Chapter raised by relevant entities in a Party other than the Governments of the Parties shall be notified by that Party's contact point to the other Party's contact point referred to in this Article within a reasonable period of time.

3. Communications referred to in this Chapter shall be made in English.

Article 19.7. Relation to other Chapters

1. Unless otherwise agreed by the Parties, this Chapter does not apply to matters covered by Chapter 2, 6, 7 or 14.

2. Nothing in this Chapter shall affect the rights and obligations of either Party under Chapters 2, 6, 7 and 14.

Article 19.8. Dispute Settlement

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

Chapter 20. SMALL AND MEDIUM-SIZED ENTERPRISES

Article 20.1. Objective

The Parties recognise the importance of the provisions of this Chapter as well as other provisions in this Agreement that seek to enhance cooperation between the Parties on matters of relevance to small and medium-sized enterprises (hereinafter referred to in this Chapter as "SMEs") or that may otherwise be of particular benefit to SMEs.

Article 20.2. Cooperation

1. Recognising that SMEs may require assistance in participating in global markets, the Parties shall undertake and strengthen cooperation activities to:

(a) identify ways to assist SMEs of the Parties to take advantage of the commercial opportunities under this Agreement; and

(b) promote and facilitate trade and investment opportunities for SMEs of the Parties.

2. Cooperation activities referred to in paragraph 1 may include:

(a) promoting cooperation between relevant entities including non-governmental organisations in the Parties with a view to assisting SMEs;

(b) developing and promoting seminars including those held through the Internet, workshops or other activities to inform SMEs of the benefits available to them under this Agreement; and

(c) exchanging and discussing each Party's experiences and best practices in supporting and assisting SMEs that are exporters with respect to, among other things:

(i) training programmes;

(ii) trade education;

(iii) trade finance;

(iv) identifying commercial partners in the other Party;

(v) establishing good business credentials;

(vi) participating and integrating into global supply chains; and

(vii) using electronic commerce.

3. The Parties also recognise that the involvement of the private sector is important in these cooperation activities.

Article 20.3. Information Sharing

1. Each Party shall establish or maintain its own publicly accessible website containing information regarding this Agreement, including:

(a) the text of this Agreement, including all Annexes, in particular the tariff schedules and product-specific rules of origin;

(b) a summary of this Agreement; and

(c) information designed for SMEs that contains:

(i) a description of the provisions in this Agreement that the Party considers to be relevant to SMEs; and

(ii) any additional information that the Party considers to be useful for SMEs interested in benefitting from the opportunities provided by this Agreement.

2. Each Party shall include in the website referred to in paragraph 1 links to:

(a) the equivalent website of the other Party; and

(b) the websites of its government authorities and other appropriate entities that provide information the Party considers useful to persons interested in trading, investing, or doing business in that Party.

3. Each Party shall ensure that the linked websites referred to in subparagraph 2(b) provide information related to:

(a) customs legislation and procedures, as well as a description of the procedures, the practical steps, the forms, documents and other information required for importation into, exportation from, or transit through the customs territory of that Party;

(b) laws and regulations, including procedures, concerning intellectual property rights;

(c) technical regulations and conformity assessment procedures;

(d) sanitary and phytosanitary measures relevant for importation and exportation;

(e) publication of notices for government procurement in accordance with Article 10.4 as well as other relevant information;

(f) business registration procedures;

(g) taxes collected during the importation procedures, if applicable; and

(h) other information which the Party considers to be useful for SMEs.

4. Each Party shall include in the website referred to in paragraph 1 a link to a database that is electronically searchable by tariff nomenclature code and that includes, if the Party considers applicable, the following information with respect to access to its market:

(a) rates of customs duty to be applied by the Party to the originating goods of the other Party, the most-favoured-nation applied rates of customs duty and tariff rate quotas established by the Party;

(b) customs or other fees, including product-specific fees, imposed on or in connection with importation and exportation;

(c) other tariff measures;

(d) rules of origin;

(e) duty drawback, deferral or other types of relief that reduce, refund or exempt customs duties;

(f) criteria used to determine the customs value of goods;

(g) country of origin marking requirements, including placement and method of marking; and

(h) other relevant measures.

5. Each Party shall regularly, or when requested by the other Party, review the information and links referred to in paragraphs 1 to 4 to ensure that they are up-to-date and accurate.

6. Each Party shall work towards ensuring that information provided pursuant to this Article is presented in a manner that is easy to use for SMEs. Each Party shall endeavour to make the information available in English.

7. No fee shall be imposed on any person of either Party for access to the information provided pursuant to paragraphs 1 to 4.

Article 20.4. SME Contact Points

 1. Each Party shall, upon the entry into force of this Agreement, designate a contact point for the implementation of this Chapter (hereinafter referred to in this Chapter as "SME Contact Points") 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.

2. The SME Contact Points shall, in accordance with each Party's rules and procedures, have the following functions:

(a) ensuring that the needs of SMEs are taken into account in the implementation of this Agreement;

(b) considering ways for strengthening the cooperation on matters of relevance to SMEs between the Parties in view of increasing trade and investment opportunities for SMEs;

(c) identifying ways and exchanging information for enabling SMEs of each Party to take advantage of new opportunities under this Agreement;

(d) monitoring the implementation of Article 20.3 and ensuring that the information provided by each Party is up-to-date and relevant for SMEs;

(e) regularly submitting a report on their activities and making appropriate recommendations to the Joint Committee; and

(f) considering any other matter of relevance to SMEs that is covered by this Agreement.

3. The SME Contact Points may, in accordance with each Party's rules and procedures, recommend to the Joint Committee the inclusion of additional information by the Parties in their respective websites referred to in Article 20.3.

4. The SME Contact Points shall endeavour to address any other matter of interest to SMEs in connection with the implementation of this Agreement, including by:

(a) exchanging information to assist the Parties in monitoring the implementation of this Agreement on matters of relevance to SMEs;

(b) participating in the work of specialised committees and working groups established under this Agreement, including matters of regulatory cooperation and non-tariff issues, and presenting to those specialised committees and working groups, in their respective areas of competence, specific matters of particular interest to SMEs, while avoiding duplication of work; and

(c) considering mutually acceptable solutions for improving the ability of SMEs to engage in trade and investment between the Parties.

5. The SME Contact Points shall meet when necessary and shall carry out their activities through the appropriate communication channels, which may include electronic mail, videoconference or other means.

6. The SME Contact Points may seek to cooperate with experts in the field of SMEs and external organisations, as appropriate, in carrying out their activities.

Article 20.5. Dispute Settlement

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

Chapter 21. TRADE AND WOMEN'S ECONOMIC EMPOWERMENT

Article 21.1. Women and the Economy

1. The Parties recognise the importance of enhancing opportunities for women within their territories, including workers and business owners, to participate equitably in the domestic and global economy.

2. The Parties further recognise the benefit of sharing their diverse experiences in designing, implementing and strengthening programmes to reduce the systemic barriers which may exist for women in international trade and which prevent them from participating equitably in the domestic and global economy.

Article 21.2. Cooperation Activities

The Parties shall consider undertaking cooperation activities aimed at enhancing the ability of women, including workers and business owners, to fully access and benefit from the opportunities created by this Agreement. These activities may include providing advice or training, and exchanging information and experience on:

(a) programmes aimed at improving the access of women to markets, technology and financing;

(b) development of women's leadership and business networks;

(c) identification of best practices related to workplace flexibility; and (d) activities related to the Joint Declaration on Trade and Women's Economic Empowerment on the Occasion of the WTO Ministerial Conference in Buenos Aires in December 2017.

Article 21.3. Working Group on Trade and Women's Economic Empowerment

1. The Working Group on Trade and Women's Economic Empowerment established pursuant to Article 23.4 shall be responsible for furthering shared objectives of enhancing the ability of women to fully access and benefit from the opportunities created by trade, for implementing cooperation activities referred to in Article 21.2, ensuring that the development of such activities is carried out with the inclusive participation of women, and for providing opportunity for monitoring and review as may be agreed by the Parties.

2. The Working Group on Trade and Women's Economic Empowerment shall meet at such times and venues, or by such means, as may be agreed by the Parties.

Article 21.4. Dispute Settlement

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

Chapter 22. DISPUTE SETTLEMENT

Section A. Objective, Scope and Definitions

Article 22.1. Objective

The objective of this Chapter is to establish an effective and efficient mechanism for settling disputes between the Parties concerning the interpretation and application of the provisions of this Agreement with a view to reaching a mutually agreed solution.

Article 22.2. Scope

Unless otherwise provided for in this Agreement, this Chapter applies with respect to the settlement of any dispute between the Parties concerning the interpretation and application of the provisions of this Agreement.

Article 22.3. Definitions

For the purposes of this Chapter:

(a) "arbitrator" means a member of a panel;

(b) "cases of urgency" and "matters of urgency" include those which concern goods or services that rapidly lose their quality, current condition or commercial value in a short period of time;

(c) "Code of Conduct" means the Code of Conduct for Arbitrators referred to in Article 22.30;

(d) "complaining Party" means the Party that requests the establishment of a panel pursuant to Article 22.7;

(e) "covered provisions" means the provisions of this Agreement covered by this Chapter in accordance with Article 22.2;

(f) "DSB" means the Dispute Settlement Body of the WTO;

(g) "panel" means a panel established pursuant to Article 22.7;

(h) "Party complained against" means the Party against which a dispute has been brought before a panel pursuant to Article 22.7; and

(i) "Rules of Procedure" means the Rules of Procedure of a Panel referred to in Article 22.30.

Section B. Consultations and Mediation

Article 22.4. Request for Information

Before a request for consultations or mediation is made pursuant to Article 22.5 or 22.6 respectively, a Party may request in writing any relevant information with respect to a measure at issue. The Party to which that request is made shall make all efforts to provide the requested information in a written response to be submitted no later than 20 days after the date of receipt of the request.

Article 22.5. Consultations

1. The Parties shall endeavour to resolve any dispute referred to in Article 22.2 through consultations in good faith with a view to reaching a mutually agreed solution.

2. A Party may seek consultations by means of a written request to the other Party. In the request for consultations, the Party which requested consultations shall give the reasons for the request, including identification of the measure at issue and an indication of its factual basis and its legal basis specifying the relevant covered provisions.

3. During consultations each Party shall provide sufficient information to enable a full examination of the measure at issue including how that measure could affect the operation and application of this Agreement.

4. The Party to which the request for consultations is made shall reply to the request no later than 10 days after the date of receipt of the request. The Parties shall enter into consultations no later than 30 days after the date of receipt of the request. Consultations shall be deemed to be concluded no later than 45 days after the date of receipt of the request unless the Parties agree otherwise. Where both Parties consider that the case concerns matters of urgency, consultations shall be deemed to be concluded no later than 25 days after the date of receipt of the request unless the Parties agree otherwise.

5. Consultations may be held in person or by any other means of communication agreed by the Parties. Unless the Parties agree otherwise, consultations, if held in person, shall take place in the Party to which the request is made.

6. Consultations, including all information disclosed and positions taken by the Parties during those proceedings, shall be confidential and without prejudice to the rights of either Party in any further proceedings.

Article 22.6. Mediation

1. A Party may at any time request the other Party to enter into a mediation procedure with respect to any matter within the scope of this Chapter concerning a measure that adversely affects trade or investment between the Parties. 2. The Parties may at any time agree to enter into a mediation procedure which shall be initiated, conducted and terminated in accordance with the Mediation Procedure to be adopted by the Joint Committee at its first meeting pursuant to subparagraph 4(f) of Article 23.1.

3. If the Parties agree, the mediation procedure may continue while the panel procedures set out in Section C proceed.

Section C. Panel Procedure

Article 22.7. Establishment of a Panel

1. The Party that sought consultations pursuant to Article 22.5 may request the establishment of a panel if:

(a) the other Party does not respond to the request for consultations within 10 days after the date of its receipt, or does not enter into consultations within 30 days after the date of receipt of the request;

(b) the Parties agree not to enter into consultations; or

(c) the Parties fail to resolve the dispute through consultations within 45 days, or within 25 days in cases of urgency, after the date of receipt of the request for consultations, unless the Parties agree otherwise.

2. The request for the establishment of a panel pursuant to paragraph 1 shall be made in writing to the Party complained against. In its complaint, the complaining Party shall explicitly identify:

(a) the measure at issue;

(b) the legal basis specifying the relevant covered provisions in such a manner as to clearly present how such measure is inconsistent with those provisions; and

(c) the factual basis.

Article 22.8. Composition of a Panel

1. A panel shall be composed of three arbitrators.

2. No later than 10 days after the date of receipt of the request for the establishment of a panel by the Party complained against, the Parties shall consult with a view to reaching an agreement on the composition of the panel.

3. If the Parties do not reach an agreement on the composition of the panel within the time period provided for in paragraph 2, each Party shall appoint an arbitrator from the sub-list for that Party established pursuant to Article 22.9 no later than five days after the expiry of the time period provided for in paragraph 2. If a Party fails to appoint an arbitrator within that time period, the Co-chair of the Joint Committee from the complaining Party shall select by lot, no later than five days after the expiry of the time period, an arbitrator from the sub-list for the Party that has failed to appoint an arbitrator established pursuant to Article 22.9. The Co-chair of the Joint Committee from the complaining Party may delegate the selection by lot of the arbitrator to his or her representative.

4. If the Parties do not reach an agreement on the chairperson of the panel within the time period provided for in paragraph 2, on request of a Party, the Co-chair of the Joint Committee from the complaining Party shall select by lot, no later than five days after the date of delivery of the request, the chairperson of the panel from the sub-list of chairpersons established pursuant to Article 22.9. That request shall be notified simultaneously to the other Party. The Co-chair of the Joint Committee from the complaining Party may delegate the selection by lot of the chairperson of the panel to his or her representative.

5. Should the lists provided for in Article 22.9 not be established or not contain at least nine individuals as referred to in that Article, the following procedures apply:

(a) for the selection of the chairperson:

(i) if the sub-list of chairpersons contains at least two individuals agreed by the Parties, the Co-chair of the Joint Committee from the complaining Party shall select by lot the chairperson from those individuals no later than five days after the date of delivery of the request referred to in paragraph 4;

(ii) if the sub-list of chairpersons contains one individual agreed by the Parties, that individual shall act as chairperson; or

(iii) if the Parties fail to select a chairperson pursuant to subparagraph (i) or (ii) or if the sub-list of chairpersons contains no individual agreed by the Parties, the Co-chair of the Joint Committee from the complaining Party shall, no later than five days after the date of delivery of the request referred to in paragraph 4, select by lot the chairperson from the individuals who had been formally proposed by a Party as chairperson at the time of establishing or updating the list of arbitrators referred to in Article 22.9. A Party may propose a new individual, if an individual who had been formally proposed as chairperson by that Party is no longer available; and

(b) for the selection of an arbitrator other than the chairperson:

(i) if the sub-list of a Party contains at least two individuals agreed by the Parties, that Party shall select an arbitrator from those individuals no later than five days after the expiry of the time period provided in paragraph 2;

(ii) if the sub-list of a Party contains one individual agreed by the Parties, that individual shall act as an arbitrator; or

(iii) if an arbitrator cannot be selected pursuant to subparagraph (i) or (ii) or if the sub-list of arbitrators of a Party contains no individual agreed by the Parties, the Co-chair of the Joint Committee from the complaining Party shall select an arbitrator applying mutatis mutandis the procedure referred to in subparagraph (a).

  • 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