(m) apply transparent, non-discriminatory and proportionate rules in respect of the licensing of customs brokers.
2. In order to improve working methods, as well as to ensure non-discrimination, transparency, efficiency, integrity and accountability of operations, the Parties shall:
(a) take further steps towards the reduction, the simplification and the standardisation of data and documentation required by customs and other authorities;
(b) simplify requirements and formalities, wherever possible, with respect to the rapid release and clearance of goods;
(c) provide effective, prompt and non-discriminatory procedures guaranteeing the right of appeal against customs and other authorities' administrative actions, rulings and decisions affecting the goods submitted to customs. Such procedures for appeal shall be easily accessible, including to small or medium-sized enterprises, and any costs shall be reasonable and commensurate with the costs incurred by the authorities to ensure the right of appeal;
(d) take steps to ensure that where a disputed administrative action, ruling or decision is the subject of an appeal, goods should normally be released and duty payments may be left pending, subject to any safeguard measures judged necessary. Where required, the release of the goods should be subject to the provision of a guarantee, such as a surety or a deposit; and
(e) ensure that the highest standards of integrity be maintained, in particular at the border, through the application of measures reflecting the principles of the relevant international conventions and instruments in this field, in particular the WCO Revised Arusha Declaration of 2003.
3. The Parties will not apply:
(a) any requirements for the mandatory use of customs brokers; and
(b) any requirements for the mandatory use of pre-shipment or destination inspections.
4. For the purposes of this Agreement, the transit rules and definitions set out in the WTO provisions, in particular Article V of GATT 1994, and related provisions, including any clarifications and amendments resulting from the Doha Round negotiations on trade facilitation, shall apply. Those provisions also apply when the transit of goods begins or ends in the territory of a Party (inland transit).
The Parties shall pursue the progressive interconnectivity of their respective customs transit systems, with a view to the future accession of the Republic of Moldova to the Convention on a common transit procedure of 1987.
The Parties shall ensure cooperation and coordination between all authorities concerned in their territories in order to facilitate traffic in transit. Parties shall also promote cooperation between the authorities and the private sector in relation to transit.
Article 170. Relations with the Business Community
The Parties agree:
(a) to ensure that their respective legislation and procedures are transparent and publicly available, as far as possible through electronic means, and contain a justification for their adoption. There should be a reasonable time period between the publication of new or amended provisions and their entry into force;
(b) on the need for timely and regular consultations with trade representatives on legislative proposals and procedures related to customs and trade issues. To that end, appropriate and regular consultation mechanisms between the administration and the business community shall be established by each Party;
(c) to make publicly available, as far as possible through electronic means, relevant notices of an administrative nature, including authorities' requirements and entry or exit procedures, hours of operation and operating procedures for customs offices at ports and border crossing points, and points of contact for information enquiries;
(d) to foster cooperation between operators and relevant administrations using non-arbitrary and publicly accessible procedures such as Memoranda of Understanding, based, in particular, on those promulgated by the WCO; and
(e) to ensure that their respective customs and customs-related requirements and procedures continue to meet the legitimate needs of the trading community, follow best practices, and remain the least trade-restrictive possible.
Article 171. Fees and Charges
1. Upon the entry into force of this Agreement, the Parties shall prohibit administrative fees having an equivalent effect to import or export duties and charges.
2. With regard to all fees and charges of whatever character imposed by the customs authorities of each Party, including fees and charges for tasks undertaken on behalf of the said authorities, upon or in connection with import or export and without prejudice to the relevant Articles in Chapter 1 (National Treatment and Market Access for Goods) of Title V (Trade and Trade-related Matters) of this Agreement, the Parties agree that:
(a) fees and charges may only be imposed for services provided at the request of the declarant outside normal working conditions, hours of operation and in places other than those referred to in the customs regulations, as well as for any formality related to such services and required for undertaking such import or export;
(b) fees and charges shall not exceed the cost of the service provided;
(c) fees and charges shall not be calculated on an ad valorem basis;
(d) the information on the fees and charges shall be published via an officially designated medium and, where feasible and possible, on an official website. That information shall include the reason for the fee or charge for the service provided, the responsible authority, the fees and charges that will be applied, and when and how payment is to be made; and
(e) new or amended fees and charges shall not be imposed until information on them is published and made readily available.
Article 172. Customs Valuation
1. The provisions of the Agreement on the Implementation of Article VII of GATT 1994 contained in Annex 1A to the WTO Agreement, including any subsequent amendments, shall govern the customs valuation of goods in the trade between the Parties. Those provisions are hereby incorporated into this Agreement and made part thereof. Minimum customs values shall not be used.
2. The Parties shall cooperate with a view to reaching a common approach to issues relating to customs valuation.
Article 173. Customs Cooperation
The Parties shall strengthen cooperation in the area of customs to ensure implementation of the objectives of this Chapter in order to further trade facilitation, while ensuring effective control, security and prevention of fraud.
In order to ensure compliance with the provisions of this Chapter the Parties shall, inter alia:
(a) exchange information concerning customs legislation and procedures;
(b) develop joint initiatives relating to import, export and transit procedures, as well as work towards ensuring that an effective service is provided to the business community;
(c) cooperate on the automation of customs and other trade procedures;
(d) exchange, where appropriate, information and data subject to respect of the confidentiality of data and standards and regulations on protection of personal data;
(e) cooperate in preventing and combating illicit cross-border traffic in goods, including in tobacco products;
(f) exchange information or enter into consultations with a view to establishing, where possible, common positions in international organisations in the field of customs such as the WTO, the WCO, the UN, the United Nations Conference on Trade and Development (UNCTAD) and the UNECE;
(g) cooperate in the planning and delivery of technical assistance, notably to facilitate customs and trade facilitation reforms in line with the relevant provisions of this Agreement;
(h) exchange best practices in customs operations, in particular on intellectual property rights enforcement, especially in relation to counterfeit products;
(i) promote coordination between all border authorities of the Parties to facilitate the border crossing process and enhance control, taking into account joint border controls, where feasible and appropriate; and
(j) establish, where relevant and appropriate, mutual recognition of trade partnership programmes and customs controls, including equivalent trade facilitation measures.
Article 174. Mutual Administrative Assistance In Customs Matters
Without prejudice to other forms of cooperation envisaged in this Agreement, in particular in Article 173 of this Agreement, the Parties shall provide each other with mutual administrative assistance in customs matters in accordance with the provisions of Protocol II on Mutual Administrative Assistance in Customs Matters to this Agreement.
Article 175. Technical Assistance and Capacity Building
The Parties shall cooperate with a view to providing technical assistance and capacity building for the implementation of trade facilitation and customs reforms.
Article 176. Customs Sub-Committee
1. The Customs Sub-Committee is hereby established. It shall report to the Political and Strategic Dialogue in Trade configuration, as set out in Article 375(3) of this Agreement.
2. The function of the Sub-Committee shall include regular consultations and monitoring of the implementation and the administration of this Chapter, including the matters of customs cooperation, cross-border customs cooperation and management, technical assistance, rules of origin, trade facilitation, as well as mutual administrative assistance in customs matters.
3. The Customs Sub-Committee shall inter alia:
(a) see to the proper functioning of this Chapter and of Protocols I and II to this Agreement;
(b) adopt practical arrangements, measures and decisions to implement this Chapter and Protocols I and II to this Agreement, including on exchange of information and data, mutual recognition of customs controls and trade partnership programmes, and mutually agreed benefits;
(c) exchange views on any points of common interest, including future measures and the resources needed for their implementation and application;
(d) make recommendations where appropriate; and
(e) adopt its internal rules of procedure.
Chapter 6. ESTABLISHMENT, TRADE IN SERVICES AND ELECTRONIC COMMERCE
Section 1. GENERAL PROVISIONS
Article 177. Objective, Scope and Coverage
1. The Parties, reaffirming their respective commitments under the WTO Agreement, hereby lay down the necessary arrangements for the progressive reciprocal liberalisation of establishment and trade in services and for cooperation on electronic commerce.
2. Government procurement is covered in Chapter 8 (Public Procurement) of Title V (Trade and Trade-related Matters) of this Agreement. Nothing in this Chapter shall be construed to impose any obligation with respect to government procurement.
3. Subsidies are covered in Chapter 10 (Competition) of Title V (Trade and Trade-related Matters) of this Agreement. The provisions of this Chapter shall not apply to subsidies granted by the Parties.
4. In accordance with the provisions of this Chapter, each Party retains the right to regulate and to introduce new regulations to meet legitimate policy objectives
5. This Chapter shall not apply to measures affecting natural persons seeking access to the employment market of a Party, nor shall it apply to measures regarding citizenship, residence or employment on a permanent basis.
6. Nothing in this Chapter shall prevent a Party from applying measures to regulate the entry of natural persons into, or their temporary stay in, its territory, including those measures necessary to protect the integrity of, and to ensure the orderly movement of natural persons across its borders, provided that those measures are not applied in such a manner as to nullify or impair the benefits accruing to any Party under the terms of a specific commitment in this Chapter and Annexes XI to this Agreement.(1)
Article 178. Definitions
For the purposes of this Chapter:
1. "measure" means any measure by a Party, whether in the form of a law, regulation, rule, procedure, decision, administrative action, or any other form;
2. "measures adopted or maintained by a Party" means measures taken by:
(a) central, regional or local governments and authorities; and
(b) non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities;
3. "natural person of a Party" means a national of the UK or a national of the Republic of Moldova according to respective legislation;
4. "juridical person" means any legal entity duly constituted or otherwise organised under applicable law, whether for profit or otherwise, and whether privately-owned or governmentally-owned, including any corporation, trust, partnership, joint venture, sole proprietorship or association;
5. "juridical person of the UK" or "juridical person of the Republic of Moldova" means a juridical person as defined in point 4 set up in accordance with the law of the UK or of the Republic of Moldova, respectively, and having its registered office, central administration, or principal place of business in the territory to which, and to the extent and under the conditions which, the EU-Moldova Association Agreement applied immediately before it ceased to apply to the UK in regards to the UK and the territories for whose international relations it is responsible, or in the territory of the Republic of Moldova, respectively.
Should that juridical person have only its registered office or central administration in the territory to which, and to the extent and under the conditions which, the EU- Moldova Association Agreement applied immediately before it ceased to apply to the UK in regards to the UK and the territories for whose international relations it is responsible(1), or in the territory of the Republic of Moldova, respectively, it shall not be considered as a juridical person of the UK or a juridical person of the Republic of Moldova respectively, unless its operations possess a real and continuous link with the economy of the UK or of the Republic of Moldova, respectively.
Notwithstanding the preceding paragraph, shipping companies established outside the UK or the Republic of Moldova and controlled by nationals of the UK or of the Republic of Moldova, respectively, shall also be beneficiaries of the provisions of this Agreement if their vessels are registered in accordance with their respective legislation in the UK or in the Republic of Moldova and fly the flag of the UK or of the Republic of Moldova;
6. "subsidiary" of a juridical person of a Party means a legal person which is effectively controlled by another juridical person of that Party (1);
7. "branch" of a juridical person means a place of business not having legal personality which has the appearance of permanency, such as the extension of a parent body, has a management structure and is materially equipped to negotiate business with third parties so that the latter, although knowing that there will, if necessary, be a legal link with the parent body, the head office of which is abroad, do not have to deal directly with such parent body but may transact business at the place of business constituting the extension;
8. "establishment" means:
(a) as regards juridical persons of the UK or of the Republic of Moldova, the right to take up and pursue economic activities by means of setting up, including the acquisition of, a juridical person and/or to create a branch or a tepresentative office in the UK or in the Republic of Moldova respectively;
(b) as regards natural persons, the right of natural persons of the UK or of the Republic of Moldova to take up and pursue economic activities as self-employed persons and to set up undertakings, in particular companies, which they effectively control;
9. "economic activities" shall include activities of an industrial, commercial and professional character and activities of craftsmen and do not include activities performed in the exercise of governmental authority;
10. "operations" means the pursuit of economic activities;
11. "services" includes any service in any sector except services supplied in the exercise of governmental authority;
12. "services and other activities performed in the exercise of governmental authority" means services or activities which are performed neither on a commercial basis nor in competition with one or more economic operators;
13. âcross-border supply of servicesâ means the supply of a service:
(a) from the territory of a Party into the territory of the other Party (Mode 1); or
(b) in the territory of a Party to the service consumer of the other Party (Mode 2);
14. "service supplier" of a Party means any natural or juridical person of a Party that seeks to supply or supplies a service;
15. "entrepreneur" means any natural or juridical person of a Party that seeks to perform or performs an economic activity through setting up an establishment.
Section 2. ESTABLISHMENT
Article 179. Scope
This Section applies to measures adopted or maintained by the Parties affecting establishment in all economic activities with the exception of:
(a) mining, manufacturing and processing (1) of nuclear materials; production of, or trade in, arms, munitions and war materiel; audiovisual services;
(b) national maritime cabotage (2); and
(c) domestic and international air transport services (3), whether scheduled or non-scheduled, and services directly related to the exercise of traffic rights, other than:
(i) aircraft repair and maintenance services during which an aircraft is withdrawn from service;
(ii) the selling and marketing of air transport services;
(iii) computer reservation system (CRS) services;
(iv) ground-handling services;
(v) airport operation services.
Article 180. National Treatment and Most-favoured-nation Treatment
1. Subject to reservations listed in Annex XI-E to this Agreement, the Republic of Moldova shall grant, upon entry into force of this Agreement:
(a) as regards the establishment of subsidiaries, branches and representative offices of juridical persons of the UK, treatment no less favourable than that accorded by the Republic of Moldova to its own juridical persons, their branches and representative offices, or to subsidiaries, branches and representative offices of any third country's juridical persons, whichever is better;
(b) as regards the operation of subsidiaries, branches and representative offices of juridical persons of the UK in the Republic of Moldova, once established, treatment no less favourable than that accorded by the Republic of Moldova to its own juridical persons, their branches and representative offices, or to subsidiaries, branches and representative offices of any third country's juridical persons, whichever is better. (1)
2. Subject to reservations listed in Annex XI-A to this Agreement, the UK shall grant, upon entry into force of this Agreement:
(a) as regards the establishment of subsidiaries, branches and representative offices of juridical persons of the Republic of Moldova, treatment no less favourable than that accorded by the UK to its own juridical persons, their branches and representative offices, or to subsidiaries, branches and representative offices of any third country's juridical persons, whichever is better;
(b) as regards the operation of subsidiaries, branches and representative offices of juridical persons of the Republic of Moldova in the UK, once established, treatment no less favourable than that accorded by the UK to its ownjuridical persons, their branches and representative offices, or to subsidiaries, branches and representative offices of any third country's juridical persons, whichever is better.(2)
3. Subject to reservations listed in Annexes XI-A and XI-E to this Agreement, the Parties shall not adopt any new regulations or measures which introduce discrimination as regards the establishment of juridical persons of the UK or of the Republic of Moldova on their territory or in respect of their operation, once established, by comparison with their own juridical persons.
Article 181. Review
1. With a view to progressively liberalising the establishment conditions, the Parties shall regularly review the establishment legal framework (1) and the establishment environment, consistent with their commitments in international agreements.
2. In the context of the review referred to in paragraph 1, the Parties shall assess any obstacles to establishment that have been encountered. With a view to deepening the provisions of this Chapter, the Parties shall find appropriate ways to address such obstacles, which could include further negotiations, including with respect to investment protection and to investor-to-state dispute settlement procedures.
Article 182. Other Agreements
Nothing in this Chapter shall be construed to limit the rights of entrepreneurs of the Parties to benefit from any more favourable treatment provided for in any existing or future international agreement relating to investment to which the UK and the Republic of Moldova are parties.
Article 183. Standard of Treatment for Branches and Representative Offices
1. The provisions of Article 180 of this Agreement do not preclude the application by a Party of particular rules concerning the establishment and operation in its territory of branches and representative offices of juridical persons of another Party not incorporated in the territory of the first Party, which are justified by legal or technical differences between such branches and representative offices as compared to branches and representative offices of juridical persons incorporated in its territory or, as regards financial services, for prudential reasons.
2. The difference in treatment shall not go beyond what is strictly necessary as a result of such legal or technical differences or, as regards financial services, for prudential reasons.
Section 3. CROSS-BORDER SUPPLY OF SERVICES
Article 184. Scope
This Section applies to measures of the Parties affecting the cross-border supply of all services sectors with the exception of:
(a) audiovisual services;
(b) national maritime cabotage (1); and
(c) domestic and international air transport services (2), whether scheduled or non-scheduled, and services directly related to the exercise of traffic rights other than:
(i) aircraft repair and maintenance services during which an aircraft is withdrawn from service;
(ii) the selling and marketing of air transport services;
(iii) CRS services;
(iv) ground-handling services;
(v) airport operation services.
Article 185. Market Access
1. With respect to market access through the cross-border supply of services, each Party shall accord services and service suppliers of the other Party a treatment not less favourable than that provided for in the specific commitments contained in Annexes XI-B and XI-F to this Agreement.
2. In sectors where market access commitments are undertaken, the measures which a Party shall not maintain or adopt, either on the basis of a regional subdivision or on the basis ofits entire territory, unless otherwise specified in Annexes XI-B and XI-F to this Agreement, are defined as:
(a) limitations on the number of services suppliers whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirement of an economic needs test;
(b) limitations on the total value of service transactions or assets in the form of numerical quotas or the requirement of an economic needs test;
(c) limitations on the total number of service operations or on the total quantity of service output expressed in the terms of designated numerical units in the form of quotas or the requirement of an economic needs test.
Article 186. National Treatment
1. In the sectors where market access commitments are inscribed in Annexes XI- B and XI-F to this Agreement, and subject to any conditions and qualifications set out therein, each Party shall grant to services and service suppliers of the other Party, in respect of all measures affecting the cross-border supply of services, treatment no less favourable than that it accords to its own like services and services suppliers.
2. A Party may meet the requirement provided for in paragraph 1 by according to services and service suppliers of the other Party either formally identical treatment or formally different treatment to that which it accords to its own like services and service suppliers.
3. Formally identical or formally different treatment shall be considered to be less favourable ifit modifies the conditions of competition in favour of services or service suppliers of the Party compared to like services or service suppliers of the other Party.