Article 5.6. CONFORMITY ASSESSMENT PROCEDURES
1. The Parties, with a view to increasing efficiency and ensuring cost effectiveness of conformity assessment, shall seek to enhance the acceptance of the results of conformity assessment procedures conducted by the designated conformity assessment bodies in the other Party, through negotiating a mutual recognition agreement.
2. When cooperating in the area of conformity assessment, the Parties shall take into consideration their participation in relevant international organizations.
Article 5.7. MEASURES AT THE BORDER
Where a Party detains, at a port of entry, goods exported from the other Party due to a perceived failure to comply with a technical regulation or a conformity assessment procedure, the reasons for the detention shall be promptly notified to the importer or his or her representative. Official measures taken in relation to such goods shall be proportionate to the risk associated with such goods.
Article 5.8. TRANSPARENCY AND INFORMATION EXCHANGE
1. Each Party affirms its commitment to ensuring that information regarding proposed new or amended technical regulations or conformity assessment procedures is made available in accordance with the Article 2.9 and Article 5.6 of the TBT Agreement.
2. Each Party shall make available the full text of its notified technical regulations and conformity assessment procedures to the requesting Party within 15 working days of receiving the written request.
3. Each Party shall allow at least 60 days following the notification of its proposed technical regulations and conformity assessment procedures to WTO for the other Party to present comments except where risks to health, safety, and the environment arising or threatening to arise warrant urgent actions.
4. Each Party may request information from the other Party on a matter arising under this Chapter. The requested Party shall endeavour to provide available information to the requesting Party within a reasonable period of time.
Article 5.9. TECHNICAL CONSULTATIONS
1. Where a Party considers that a relevant technical regulation or conformity assessment procedure of the other Party has constituted unnecessary obstacles to its exports, it may request technical consultations. The requested Party shall respond as early as possible to such a request.
2. The requested Party shall enter into technical consultations within a period mutually agreed, with a view to reaching a solution. Technical consultations may be conducted via any means mutually agreed by the Parties.
Article 5.10. COOPERATION
1. With a view to increasing mutual understanding of their respective systems and facilitating bilateral trade, the Parties shall strengthen their technical cooperation in the following areas:
(a) communication between competent authorities of the Parties;
(b) exchange of information in respect of standards, technical regulations, conformity assessment procedures, and good regulatory practices;
(c) encouraging, where possible, cooperation between standardization and conformity assessment bodies of the Parties including training programmes, workshops and related activities;
(d) cooperation in areas of mutual interest in the work of relevant regional and international bodies relating to the development and application of standards and conformity assessment procedures;
(e) activities defined in ISO/IEC Guide 2; and
(f) other areas mutually agreed by the Parties.
Article 5.11. CONTACT POINTS
1. Each Party shall designate contact points which shall, for that Party, have the responsibility for coordinating the implementation of this Chapter. The contact points will be:
(a) for China, State Administration for Market Regulation and General Administration of Customs; and
(b) for Mauritius, the Mauritius Standards Bureau.
2. Each Party shall provide the other Party with the contact details of the relevant officials in their respective contact points, including telephone, facsimile, email, and any other relevant details.
3. Each Party shall notify the other Party promptly of any change in its contact points or any amendment to the details of the relevant officials acting as or on behalf of its contact point.
Chapter 6. TRADE REMEDIES
Section A. General Trade Remedies
Article 6.1. ANTI-DUMPING AND COUNTERVAILING MEASURES
Each Party retains its rights and obligations under the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (GATT 1994) and the Agreement on Subsidies and Countervailing Measures contained in Annex 1A to the WTO Agreement.
Article 6.2. GLOBAL SAFEGUARD MEASURES
1. Each Party retains its rights and obligations under Article XIX of the GATT 1994 and the Agreement on Safeguards contained in Annex 1A to the WTO Agreement.
2. A Party proposing to apply or extend a global safeguard measure shall provide adequate opportunity for prior consultations with the other Party. The prior consultations shall take place as soon as possible.
Section B. Bilateral Safeguard Measures
Article 6.3. DEFINITIONS
For the purposes of this Chapter:
domestic industry means, with respect to an imported good, the producers as a whole of the like or directly competitive product operating within the territory of a Party, or those whose collective output of the like or directly competitive product constitutes a major proportion of the total domestic production of those products;
bilateral safeguard measure means a measure described in Article 6.4;
serious injury means a significant overall impairment in the position of a domestic industry;
threat of serious injury means serious injury that, on the basis of facts and not merely on allegation, conjecture, or remote possibility, is clearly imminent;
transition period means, in relation to a particular product, the five-year period from the date of entry into force of this Agreement. In the case of a product where the liberalisation progress as set out in Annex I (Schedules in Relation to Article 2.4 (Elimination of Customs Duties)) lasts five or more years, the transition period shall be extended to the date on which such a product reaches zero tariff in accordance with the Schedule in that Annex plus two years; and
WTO Safeguards Agreement means the Agreement on Safeguards contained in Annex 1A to the WTO Agreement.
Article 6.4. APPLICATION OF a BILATERAL SAFEGUARD MEASURE
1. During the transition period only, if as a result of the reduction or elimination of a customs duty provided for in this Agreement, any product originating in a Party is being imported into the territory of the other Party in such increased quantities in absolute terms or relative to domestic production, and under such conditions as to cause or threaten to cause serious injury to domestic industry producing a like or directly competitive product, the importing Party may apply a bilateral safeguard measure described in paragraph 2 of this Article.
2. If the conditions in paragraph 1 are met, a Party may, only to the extent necessary to prevent or remedy serious injury and to facilitate adjustment:
(a) suspend the further reduction of any rate of customs duty on the product provided for under this Agreement; or
(b) increase the rate of customs duty on the product to a level not exceeding the lesser of:
(i) the MFN applied rate of customs duty in effect on the product on the day immediately preceding the date of entry into force of this Agreement; or
(ii) the MFN applied rate of customs duty in effect on the product on the date on which the bilateral safeguard measure is applied.
Article 6.5. SCOPE AND DURATION OF BILATERAL SAFEGUARD MEASURES
1. Neither Party may apply or maintain a safeguard measure:
(a) except to the extent and for such time as may be necessary to prevent or remedy serious injury and to facilitate adjustment; or
(b) for a period exceeding two years; except that the period may be extended by up to two years, if the competent authorities of the applying Party determine, in conformity with the procedures set out in this Chapter, that the bilateral safeguard measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the industry is adjusting. Regardless of its duration, such measure shall terminate at the end of the transition period.
2. In order to facilitate adjustment in a situation where the expected duration of a bilateral safeguard measure is over one year, the Party applying the measure shall progressively liberalize it at regular intervals during the period of application. A measure extended shall not be more restrictive than it was at the end of the initial period, and should continue to be liberalized.
3. A Party shall not apply any bilateral safeguard measure again on a product which has been subject to such a bilateral safeguard measure for a period of time equal to that during which the previous bilateral safeguard measure had been applied, provided that the period of non-application is at least two years. However, no bilateral safeguard measure may be applied more than twice on the same product.
4. Neither Party may apply any bilateral safeguard measure on a product that is subject to a measure that the Party has applied pursuant to Article XIX of the GATT 1994 and the WTO Safeguards Agreement, and neither Party shall maintain any bilateral safeguard measure on a product that becomes subject to a measure that the Party imposed pursuant to Article XIX of the GATT 1994 and the WTO Safeguards Agreement.
5. On the termination of a bilateral safeguard measure, the Party that applied the bilateral safeguard measure shall apply the rate of customs duty set out in its schedule to Annex I (Schedules in Relation to Article 2.4 (Elimination of Customs Duties)) on the date of termination as if the bilateral safeguard measure had never been applied.
Article 6.6. INVESTIGATION PROCEDURES AND TRANSPARENCY REQUIREMENTS
1. A Party shall apply a safeguard measure only following an investigation by the Partyâs competent authorities in accordance with the same procedures as those provided for in Articles 3 and 4.2 of the WTO Safeguards Agreement; and to this end, Articles 3 and 4.2 of the WTO Safeguards Agreement are incorporated into and made part of this Agreement, mutatis mutandis.
2. Each Party shall ensure that its competent authorities complete any such investigation under paragraph 1 within one year after its initiation.
Article 6.7. PROVISIONAL MEASURES
1. In critical circumstances where delay would cause damage which would be difficult to repair, a Party concerned may take a provisional bilateral safeguard measure pursuant to a preliminary determination that there is clear evidence that increased imports have caused, or are threatening to cause, serious injury to a domestic industry.
2. The duration of a provisional bilateral safeguard measure shall not exceed 200 days, during which period the pertinent requirements of Article 6.3 (Definitions), 6.4 (Application of A Bilateral Safeguard Measure), 6.5 (Scope and Duration on Bilateral Safeguard Measures) and 6.6 (Investigation Procedures and Transparency Requirements) shall be met. The duration of such provisional bilateral safeguard measures shall be counted as part of the final safeguard measure.
3. The Party intending to apply a provisional bilateral safeguard measure shall before its application, immediately notify the other Party, and shall initiate consultations after applying such a measure. 4. Such a provisional bilateral safeguard measure should take the form of an increase in the customs duty not exceeding the lesser of the rates in Article 6.4.2 (b). Any customs duty collected shall be promptly refunded if the subsequent investigation referred to in Article 6.6.1 determines that increased imports have not caused or threatened to cause serious injury to a domestic industry.
Article 6.8. NOTIFICATION AND CONSULTATION
1. A Party shall immediately notify the other Party in writing on:
(a) initiating a bilateral safeguard investigation;
(b) making a finding of serious injury or threat thereof caused by increased imports;
(c) taking a decision to apply or extend a bilateral safeguard measure; and
(d) taking a decision to liberalise a bilateral safeguard measure previously applied in accordance with Article 6.5.2.
2. In making the notifications referred to in paragraphs 1(b) and paragraph 1(c), the Party applying a bilateral safeguard measure shall provide the other Party with all pertinent information, which shall include evidence of serious injury or threat thereof caused by increased imports, a precise description of the product involved, the proposed bilateral safeguard measure, the grounds for introducing such a bilateral safeguard measure, the proposed date of introduction and its expected duration and timetable for progressive liberalization. In the case of an extension of a bilateral safeguard measure, the written results of the determination required by Article 6.6 (Investigation Procedures and Transparency Requirements), including evidence that the continued application of the measure is necessary to prevent or remedy serious injury and that the industry is adjusting shall also be provided.
3. A Party proposing to apply or extend a bilateral safeguard measure shall provide adequate opportunity for prior consultations with the other Party, with a view to, inter alia, reviewing the information provided under paragraph 2, exchanging views on the safeguard measure and reaching an agreement on compensation as set forth in Article 6.9.1.
4. A party shall provide to the other Party a copy of the public version of the report of its competent authorities required in accordance with Article 6.6 (Investigation Procedures and Transparency Requirements) as soon as it is available.
Article 6.9. COMPENSATION
1. A party applying a bilateral safeguard measure may, in consultation with the other Party, provide to the other Party mutually agreed trade liberalizing compensation in the form of concessions having substantially equivalent trade effects or equivalent to the value of the additional duties expected to result from the bilateral safeguard measure. Such consultations shall begin within 30 days of the application of the bilateral safeguard measure.
2. If the Parties are unable to reach an agreement on compensation within 30 days of the consultation commencing, the exporting Party may consider the possibility to suspend the application of substantially equivalent concessions to the trade of the Party applying the bilateral safeguard measure.
3. A Party shall notify the other Party in writing at least 30 days before suspending concession under paragraph 2.
4. The obligation to provide compensation under paragraph 1 and the right to suspend concessions under paragraph 2 shall terminate on the date of the termination of the bilateral safeguard measure.
Chapter 7. TRADE IN SERVICES
Section A. Scope and Definition
Article 7.1. SCOPE
1. This Chapter applies to measures adopted or maintained by a Party affecting trade in services.
2. This Chapter shall not apply to:
(a) measures affecting air traffic rights, however granted, or measures affecting services directly related to the exercise of air traffic rights and air traffic control and air navigation services, other than measures affecting:
(i) aircraft repair and maintenance services;
(ii) the selling and marketing of air transport services;
(iii) computer reservation system ("CRS") services; and
(iv) ground handling services. The Parties note the multilateral negotiations pursuant to the review of the Annex on Air Transport Services of the GATS. Upon the conclusion of such multilateral negotiations, the Parties shall conduct a review for the purpose of discussing appropriate amendments to this Agreement so as to incorporate the results of such multilateral negotiations.
(b) government procurement;
(c) cabotage in maritime transport services;
(d) services provided in the exercise of governmental authority in the territory of a Party;
(e) subsidies or grants provided by a Party, including government-supported loans, guarantees, and insurance, except to the extent provided in Article 7.17 (Subsidies); or
(f) measures affecting natural persons of a Party seeking access to the employment market of the other Party, nor shall it apply to measures regarding citizenship, residence or employment on a permanent basis.
3. With regard to delivery of services through movement of natural persons mode, this Chapter shall be read in conjunction with the Chapter 7-Annex-B (Movement of Natural Persons).
4. New services shall be considered for possible incorporation into this Chapter on a mutually agreed basis at future reviews held in accordance with Article 7.23 (Review) or at the request of either Party. The supply of services which is not technically or technologically feasible when this Agreement comes into force shall, when they become feasible, also be considered for possible incorporation on a mutually agreed basis at future reviews or at the request of either Party.
Article 7.2. DEFINITIONS
For the purposes of this Chapter:
aircraft repair and maintenance services mean such activities when undertaken on an aircraft or a part thereof while it is withdrawn from service and do not include so-called "line maintenance";
commercial presence means any type of business or professional establishment, including through:
(a) the constitution, acquisition, or maintenance of a juridical person; or
(b) the creation or maintenance of a branch or a representative office, within the territory of a Party for the purpose of supplying a service;
direct taxes comprise all taxes on total income, on total capital or on elements of income or of capital, including taxes on gains from the alienation of property, taxes on estates, inheritances and gifts, and taxes on the total amounts of wages or salaries paid by enterprises, as well as taxes on capital appreciation;
computer reservation system services mean services provided by computerized systems that contain information about air carriers' schedules, availability, fares, and fare rules, through which reservations can be made or tickets may be issued;
juridical person of a Party means any legal entity duly constituted or otherwise organized 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;
juridical person of the other Party means a juridical person which is either:
(a) constituted or otherwise organized under the law of that other Party, and is engaged in substantive business operations in the territory of that other Party; or
(b) in the case of the supply of a service through commercial presence, owned or controlled by:
(i) natural persons of that Party; or
(ii) juridical persons of that Party as identified under subparagraph (a);
a juridical person is:
(a) controlled by persons of a Party if such persons have the power to name a majority of its directors or otherwise legally direct its actions;
(b) affiliated with another person when it controls, or is controlled by, that other person, or when it and the other person are both controlled by the same person;
Measure means any measure by a Party, whether in the form of a law, regulation, rule, procedure, decision, administrative action or any other form, measures by Parties 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;
measures by the Parties affecting trade in services include measures in tespect of:
(a) the purchase, payment, or use ofa service;
(b) the access to and use of, in comnection with the supply of a service, services which are required by the Parties to be offered to the public generally; and
(c) the presence, including commercial presence, of persons of a Party for the supply of a service in the territory of the other Party;
monopoly supplier of a service means any person, public or private, which in the relevant market of the territory of a Party is authorized or established formally or in effect by that Party as the sole supplier of that service;
natural person of the other Party means a natural person who resides in the territory of the other Party or elsewhere,
(a) for China, is a natural person who under the Chinese law is a national of China; and
(b) for Mauritius, is a natural person who under Mauritian law is a national of Mauritius;
person of a Party means either a natural person or a juridical person of a Party;
qualification procedures mean administrative procedures relating to the administration of qualification requirements;
qualification requirements mean substantive requirements which a service supplier is required to fulfill in order to obtain certification or a licence;
sector of a service means, with reference to a specific commitment, one or more or all subsectors of that service, as specified in a Party's Schedule, or otherwise the whole of that service sector, including all of its subsectors;
selling and marketing of air transport services mean opportunities for the air carrier concerned to sell and market freely its air transport services including all aspects of marketing such as market research, advertising and distribution, but do not include the pricing of air transport services nor the applicable conditions;
services include any service in any sector except services supplied in the exercise of governmental authority;
service consumer means any person that receives or uses a service;
a service supplied in the exercise of governmental authority means any service which is supplied neither on a commercial basis nor in competition with one or more service suppliers;
service supplier of a Party means any person of a Party that supplies a service; (1)
supply of a service includes the production, distribution, marketing, sale and delivery of a service;
trade in services mean the supply of a service:
(a) from the territory of a Party into the territory of the other Party ("cross- border supply mode");
(b) in the territory of a Party to the service consumer of the other Party ("consumption abroad mode");
(c) by a service supplier of a Party, through commercial presence in the territory of the other Party ("commercial presence mode"); and
(d) by a service supplier of a Party, through presence of natural persons of that Party in the territory of the other Party ("presence of natural persons mode" or "movement of natural persons mode");
traffic rights mean the right for scheduled and non-scheduled services to operate and/or to carry passengers, cargo and mail for remuneration or hire from, to, within, or over the territory of a Party, including points to be served, routes to be operated, types of traffic to be carried, capacity to be provided, tariffs to be charged and their conditions, and criteria for designation of airlines, including such criteria as number, ownership and control.
Section B. General Obligations and Disciplines
Article 7.3. SCHEDULING OF SPECIFIC COMMITMENTS
1. Each Party shall set out in its Schedule the specific commitments it undertakes under Articles 7.4 (National Treatment), 7.5 (Market Access) and 7.7 (Additional Commitments). With respect to sectors where such commitments are undertaken, its Schedule of Specific Commitments shall specify:
(a) terms, limitations and conditions on market access;
(b) conditions and qualifications on national treatment;
(c) undertakings relating to additional commitments; and
(d) where appropriate, the time-frame for implementation of such commitments and the date of entry into force of such commitments.
2. Measures inconsistent with both Articles 7.4 (National Treatment) and 7.5 (Market Access) shall be inscribed in the column relating to Article 7.5 (Market Access). In this case the inscription will be considered to provide a condition or qualification to Article 7.4 (National Treatment) as well.
3. Schedules of Specific Commitments shall be annexed to this Agreement as Annex III (Schedule of Specific Commitments on Trade in Services) and shall form an integral part thereof.