Article 8.33. SERVICE OF DOCUMENTS
Delivery of notice and other documents on a Party shall be made to the place named for that Party in Chapter 8-Annex-D.
ANNEX A. CUSTOMARY INTERNATIONAL LAW
The Parties confirm their shared understanding that "customary international law" generally and as specifically referenced in Article 8.5 (Minimum Standard of Treatment) results from a general and consistent practice of States that they follow from a sense of legal obligation. With regard to Article 8.5 (Minimum Standard of Treatment), the customary international law minimum standard of treatment of aliens refers to all customary international law principles that protect the economic rights and interests of aliens.
ANNEX B. EXPROPRIATION
The Parties confirm their shared understanding that:
1. An action or a series of actions by a Party cannot constitute an expropriation unless it interferes with a tangible or intangible property right or property interest in an investment.
2. Article 8.7(1) addresses two situations. The first is direct expropriation, where an investment is nationalized or otherwise directly expropriated through formal transfer of title or outright seizure.
3. The second situation addressed by Article 8.7(1) is indirect expropriation, where an action or series of actions by a Party has an effect equivalent to direct expropriation without formal transfer of title or outright seizure.
4. The determination of whether an action or series of actions by a Party, in a specific fact situation, constitutes an indirect expropriation, requires a case-by- case, fact-based inquiry that considers, among other factors:
(a) the economic impact of the government action, although the fact that an action or series of actions by a Party has an adverse effect on the economic value of an investment, standing alone, does not establish that an indirect expropriation has occurred;
(b) the extent to which the government action interferes with distinct, reasonable investment-backed expectations; and
(c) the character and objective of the government action. 5. Except in rare circumstances, non-discriminatory regulatory actions by a Party that are designed and applied to protect legitimate public welfare objectives,
such as public moral, public health, safety, and the environment, do not constitute indirect expropriation.
ANNEX C. TEMPORARY SAFEGUARD MEASURES
1. In the event of serious balance-of-payments difficulties, external financial difficulties, or threat thereof, nothing in this Chapter shall be construed to prevent a Party from adopting or maintaining restrictive measures with regard to payments or transfers relating to the movements of capital.
2. Any measures adopted or maintained under paragraph 1 shall:
(a) be consistent with the Articles of Agreement of the International Monetary Fund, as applicable;
(b) be temporary and be phased out progressively as the situation specified in paragraph 1 improves, and shall not exceed 18 months in duration; however, if extremely exceptional circumstances arise, a Party may extend such measures for one twelve-month period after advance notice and consultations with the other Party;
(c) not be inconsistent with Article 8.3 (National Treatment) and Article 8.4 (Most-Favoured-Nation Treatment);
(d) not be inconsistent with Article 8.7 (Expropriation and Compensation); (e) not result in multiple exchange rates; and
(f) be promptly notified to the other Party and published as soon as practicable.
ANNEX D. SERVICE OF DOCUMENTS ON A PARTY
China
Notices and other documents shall be served on China by delivery to:
Department of Treaty and Law
Ministry of Commerce of the Peopleâs Republic of China 2 Dong Changâan Avenue
Beijing, 100731
People's Republic of China
Mauritius
Notices and other documents shall be served on Mauritius by delivery to:
Ministry of Finance and Economic Development
Old Government Centre
Port Louis
Mauritius
Chapter 9. COMPETITION
Article 9.1. OBJECTIVES
Each Party understands that proscribing anticompetitive business conduct, implementing competition policies and cooperating on competition issues contribute to preventing the cross border trade and investments from being deterred through artificial barriers to entry and to prohibiting economic efficiency and consumer welfare.
Article 9. COMPETITION LAWS AND AUTHORITIES
1. Each Party shall maintain or adopt competition laws that promote and protect the competitive process in its market by proscribing anticompetitive business conduct.
2. Each Party shall maintain an authority or authorities responsible for the enforcement of its national competition laws.
Article 9.3. PRINCIPLES IN LAW ENFORCEMENT
1. Each Party shall be consistent with the principles of transparency, non- discrimination, and procedural fairness in the competition law enforcement field.
2. Each Party shall treat persons who are not persons of the Party no less favorably than persons of the Party in like circumstances in the competition law enforcement field.
3. Each Party shall ensure that before it imposes administrative punishment or restrictive conditions against a person for violating its national competition laws, it affords that person a reasonable opportunity to present opinion or evidence in its defense.
4. Each Party shall provide a person that is subject to the imposition of administrative punishment or restrictive conditions for violation of its national competition laws with an opportunity to apply for administrative reconsideration and/or to initiate a litigation following an administrative decision under that Party's laws.
Article 9. TRANSPARENCY
1. Each Party shall make public its competition laws and regulations, including procedural rules for the investigation.
2. Each Party shall ensure that a final administrative decision finding a violation of its national competition laws is in writing and sets out the relevant findings of fact and the legal basis on which the decision is based.
3. Each Party shall make public a final decision and any order implementing the decision in accordance with its national competition laws and regulations. Each Party shall ensure that the version of the decision or the order that is made available to the public does not include business confidential information protected from public disclosure by its national law.
Article 9.5. COOPERATION IN LAW ENFORCEMENT
1. The Parties recognize the importance of cooperation and coordination in the competition field, to promote effective competition law enforcement in the free trade area. Accordingly, each Party shall cooperate through notification, consultation, exchange of information and experience, and technical cooperation.
2. The Parties agree to cooperate in a manner compatible with their respective laws, regulations and important interests, and within their reasonably available resource.
Article 9.6. TECHNICAL COOPERATION
The Parties may promote technical cooperation, including exchange of experiences, capacity building through training programs, workshops and research collaborations for the purpose of enhancing each Party's capacity related to competition policy and law enforcement.
Article 9.7. INDEPENDENCE OF COMPETITION LAW ENFORCEMENT
This chapter should not intervene with the independence of each Party in enforcing its respective competition laws.
Article 9.8. DISPUTE SETTLEMENT
Neither Party shall have recourse to dispute settlement under this Agreement for any matter arising under this Chapter.
Article 9.9. DEFINITIONS
For the purposes of this Chapter:
anticompetitive business conduct means a business conduct or transaction that adversely affects competition in the territory of a Party, such as:
(a) agreements between enterprises, decisions by associations of enterprises and concerted practices, which have as their object or effect of the prevention, restriction, or distortion of competition in the territory of either Party as a whole or in a substantial part thereof;
(b) any abuse by one or more enterprises of a dominant position in the territory of either Party as a whole or in a substantial part thereof; or
(c) concentrations between enterprises, which significantly impede effective competition, in particular as a result of the creation or strengthening of a dominant position in the territory of either Party as a whole or in a substantial part thereof; and
competition laws mean:
(a) for China, the Antimonopoly Law and its implementing regulations and amendments; and
(b) for Mauritius, the Competition Act and its implementing regulations, tules of procedure and amendments.
Chapter 10. INTELLECTUAL PROPERTY
Article 10.1. GENERAL PROVISIONS
The protection and enforcement of intellectual property rights should strike a balance between the legitimate interests of the right owners and the public.
Article 10.2. INTERNATIONAL CONVENTION
The Parties reaffirm their existing rights and obligations under the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as "the TRIPS Agreement").
Article 10.3. INTELLECTUAL PROPERTY AND PUBLIC HEALTH
The Parties recognize the principles established in the Doha Declaration on the TRIPS Agreement and Public Health.
Article 10.4. COOPERATION
1. The Parties recognize that cooperation is an essential element for bilateral relations on intellectual property.
2. Cooperation should be for the mutual benefit of the Parties, including to the advantage of both businesses and consumers, and should enhance predictability and transparency in matters related to the protection, administration and enforcement of intellectual property rights.
3. The Parties have agreed to exchange relevant information regarding recent and ongoing bilateral cooperation initiatives on intellectual property matters.
4. The Parties shall endeavour to cooperate in the area of intellectual property rights, including by providing training and building capacity.
Article 10.5. FINAL PROVISIONS
This Chapter is without prejudice to future decisions or positions that either Party may take in the context of future exploratory discussions or potential negotiations.
Chapter 11. ELECTRONIC COMMERCE
Article 11.1. PURPOSE AND OBJECTIVE
1. The Parties recognise the economic growth and opportunities provided by electronic commerce, the importance of avoiding barriers to its use and development, and the applicability of relevant WTO rules.
2. The objective of this Chapter is to promote electronic commerce between the Parties, including by encouraging cooperation on electronic commerce.
3. The Parties shall endeavour to ensure that bilateral trade through electronic commerce is not more restrictive than other forms of trade.
Article 11.2. DEFINITIONS
For the purposes of this Chapter:
digital certificates means electronic documents or files that are issued or otherwise linked to a party to an electronic communication or transaction for the purpose of establishing the party's identity;
electronic signature means data in electronic form in, affixed to or logically associated with, a data message, which may be used to identify the signatory in relation to the data message and to indicate the signatory's approval of the information contained in the data message;
electronic version of a document means a document in electronic format prescribed by a Party, in accordance with domestic laws, regulations and administrative rules including a document sent by facsimile transmission;
personal data means any information relating to a data subject who is an identified or identifiable individual, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual;
personal information means information about an individual whose identity is apparent, or can reasonably be ascertained, from the information; and
trade administration documents mean forms issued or controlled by the government of a Party which must be completed by or for an importer or exporter in relation to the import or export of goods.
Article 11.3. CUSTOMS DUTIES (1)
1. The Parties shall maintain its practice of not imposing customs duties on electronic transmissions between the Parties, consistent with the WTO Ministerial Decision of 13 December 2017 in relation to the Work Programme on Electronic Commerce (WT/MIN(17)/65 - WT/L/1032).
2. The Parties reserve the right to adjust its practice referred to in paragraph 1 of this Article in accordance with any further WTO Ministerial Decisions in relation to the Work Programme on Electronic Commerce.
Article 11.4. TRANSPARENCY
1. The Parties shall promptly publish, or otherwise promptly make publicly available where publication is not practicable, all relevant measures of general application which pertain to, or affect, the operation of this Chapter.
2. A Party shall respond promptly to all requests by the other Party for specific information on any of its measures of general application within the meaning of paragraph 1 of this Article.
Article 11.5. ELECTRONIC AUTHENTICATION AND DIGITAL CERTIFICATES
1. The Parties shall maintain laws regulating electronic signatures that allow:
(a) parties to electronic transactions to mutually determine the appropriate electronic signature and authentication methods; and
(b) electronic authentication service providers, including agencies, to have the opportunity to prove before judicial or administrative authorities that their electronic authentication services comply with the relevant legal tequirements.
2. The Parties shall work towards the mutual recognition of digital certificates and electronic signatures.
3. The Parties shall encourage the use of digital certificates in the business sector.
Article 11.6. ONLINE CONSUMER PROTECTION
The Parties shall, to the extent possible and in a manner it considers appropriate, provide protection for consumers using electronic commerce that is at least equivalent to that provided for consumers of other forms of commerce under their respective laws, regulations and policies.
Article 11.7. ONLINE DATA PROTECTION
1. Notwithstanding the differences in existing systems for personal information/data protection in the territories of the Parties, the Parties shall take such measures as they consider appropriate and necessary to protect the personal information /data of users of electronic commerce.
2. In the development of data protection standards, the Parties shall, to the extent possible, take into account international standards and the criteria of relevant international organisations.
Article 11.8. PAPERLESS TRADING
1. The Parties shall accept the electronic versions of trade administration documents as the legal equivalent of paper documents except where:
(a) there is a domestic or international legal requirement to the contrary; or
(b) doing so would reduce the effectiveness of the trade administration process.
2. The Parties shall cooperate bilaterally and in international forums to enhance acceptance of electronic versions of trade administration documents.
3. In developing initiatives which provide for the use of paperless trading, the Parties shall endeavour to take into account the methods agreed by international organisations.
4. The Parties shall endeavour to make all trade administration documents available to the public as electronic versions.
Article 11.9. COOPERATION ON ELECTRONIC COMMERCE
1. The Parties shall endeavour to share information and experience about regulatory frameworks, including laws, regulations, policies and best practices;
2. The Parties shall endeavour to undertake cooperative activities with the aim of promoting the effectiveness of electronic commerce, including electronic commerce business exchanges, project cooperation and joint study.
3. The Parties shall endeavour to explore innovative forms of cooperation that build on existing cooperation initiatives pursued in international forums.
Article 11.10. DISPUTE SETTLEMENT PROVISIONS
The provisions in Chapter 15 (Dispute Settlement) shall not apply to the provisions of this Chapter.
Chapter 12. ECONOMIC COOPERATION
Section A. General Provisions
Article 12.1. OBJECTIVES
1. The Parties agree to strengthen economic cooperation with the aim of enhancing the mutual benefits of this Agreement in accordance with their national strategies and policy objectives.
2. The cooperation under this Chapter shall pursue the following objectives:
(a) promoting economic and social development of the Parties;
(b) strengthening the capacities of the Parties to maximize opportunities and benefits derived from this Agreement;
(c) stimulating productive synergies and promoting competitiveness and innovation;
(d) reinforcing collaboration and exchanges in areas of mutual interest; and
(e) examining the opportunities of international cooperation through the Belt and Road Initiative in full respect of sovereignty and territorial integrity of all states, and the implementation of the 2030 Agenda for Sustainable Development.
3. Collaboration will be in line with the measures agreed at the Forum on China-Africa Cooperation (FOCAC), focusing on areas including industrialisation, agricultural modernization, infrastructure development, green development, trade and investment facilitation, public health, cultural and people-to-people exchanges.
Article 12.2. METHODS AND MEANS
1. The Parties shall cooperate with the objective of identifying and employing effective methods and means for the implementation of this Chapter.
2. Cooperation between the Parties may be effected through separate exchange of diplomatic notes, memoranda of understanding, agreements or protocols or agreed frameworks to be concluded between authorised institutions or bodies in accordance with the laws and regulations in force in each Party.
Article 12.3. SCOPE
1. Cooperation between the Parties under this Chapter will supplement the cooperation and cooperative activities between the Parties set out in other Chapters of this Agreement.
2. The Parties affirm the importance of all forms of cooperation in contributing towards implementation of the objectives and principles of this Agreement.
3. The areas of cooperation include, but are not limited to, those listed in Section B, and shall be subject to revision and update as may be decided after mutual consultation between the Parties.
Article 12.4. NON-APPLICATION OF DISPUTE SETTLEMENT
Neither Party shall recourse to any dispute settlement procedure under this Agreement in respect of the provisions of this Chapter. For this purpose, Chapter 15 (Dispute Settlement) shall not apply to this Chapter.
Section B. Areas of Cooperation
Article 12.5. AGRO INDUSTRY AND FOOD SECURITY
1. The Parties recognize that agriculture constitutes a core activity for both Parties, and that enhancing this sector can improve quality of life and economic development.
2. The Parties agree to cooperate as follows: