4. To the extent permissible under its laws and regulations, each Party shall endeavour to accept applications for entry and temporary stay formalities in electronic format under the equivalent conditions of authenticity as paper submissions.
5. Where appropriate, each Party shall accept copies of documents authenticated in accordance with its laws and regulations in place of original documents, to the extent its laws and regulations permit.
Article 10.4. Grant of Entry and Temporary Stay
1. Each Party shall set out in Annex 10A (Schedules of Specific Commitments on Entry and Temporary Stay for Business Persons) the commitments it makes with regard to the entry and temporary stay of business persons, which shall specify the conditions and limitations for entry and temporary stay, including length of stay, for each category of business persons specified by that Party.
2. A Party shall grant entry and temporary stay or extension of entry and temporary stay to business persons of the other Party to the extent provided for in those commitments made pursuant to paragraph 1, provided that those business persons:
(a) follow the granting Party’s prescribed application procedures for the relevant entry and temporary stay formality; and
(b) meet all relevant eligibility requirements for entry and temporary stay or extension of entry and temporary stay.
3. The sole fact that a Party grants entry and temporary stay to a business person of the other Party pursuant to this Chapter shall not be construed to exempt that business person from meeting any applicable licensing or other requirements, including any mandatory codes of conduct, to practise a profession or otherwise engage in business activities.
Article 10.5. Provision of Information
1. Each Party shall:
(a) publish or otherwise make publicly available explanatory material on all relevant entry and temporary stay formalities which pertain to or affect the operation of this Chapter;
(b) publish or otherwise make publicly available in its territory and to the other Party, the requirements for entry and temporary stay under this Chapter, including explanatory material and relevant forms and documents that will enable business persons of the other Party to become acquainted with those requirements;
(c) upon modifying or amending any entry and temporary stay measure that affects entry of business persons of the other Party, ensure that the information published or otherwise made publicly available pursuant to subparagraph (b) is updated as soon as possible; and
(d) establish or maintain mechanisms to respond to enquiries from interested persons regarding its laws and regulations affecting the entry and temporary stay of business persons.
2. The information referred to in paragraph 1 shall include, where applicable, the following:
(a) categories of entry and temporary stay;
(b) documentation required and conditions to be met;
(c) method of filing an application and options on where to file, such as consular offices or online;
(d) application fees and an indicative timeframe of the processing of an application;
(e) the maximum length of stay under each category of entry and temporary stay;
(f) conditions for any available extension or renewal;
(g) rules regarding accompanying dependants; and
(d) application fees and an indicative timeframe of the processing of an application;
(e) the maximum length of stay under each category of entry and temporary stay;
(f) conditions for any available extension or renewal;
(g) rules regarding accompanying dependants; and
(h) available review or appeal procedures.
3. Each Party shall endeavour to publish, to the extent practicable, the information referred to in paragraphs 1 and 2 in the English language.
4. With respect to the information referred to in paragraphs 1 and 2, each Party shall endeavour to promptly make publicly available and inform the other Party, through existing mechanisms, of the introduction of any significant new requirements and procedures or of the changes in any requirements and procedures that affect the effective application for the grant of entry and temporary stay.
Article 10.6. Relation to other Chapters
1. Except for this Chapter, Chapter 1 (Initial Provisions and General Definitions), Chapter 23 (Administrative and Institutional Provisions), Chapter 25 (Dispute Settlement), Chapter 26 (Final Provisions), Article 22.1 (Publication and Notification and Provision of Information – Transparency), no provision of this Agreement shall impose any obligation on a Party regarding its entry and temporary stay measures.
2. Nothing in this Chapter shall be construed to impose obligations or commitments with respect to other Chapters of this Agreement.
Article 10.7. Dispute Settlement
1. The relevant authorities of both Parties shall endeavour to favourably resolve through consultations any problems that may arise from the implementation and administration of this Chapter.
2. If the Parties cannot reach agreement regarding any specific issues raised from the implementation and administration of this Chapter as provided for in paragraph 1, Chapter 25 (Dispute Settlement) shall apply to the issues.
3. A Party shall not initiate proceedings under Chapter 25 (Dispute Settlement) regarding a refusal to grant entry and temporary stay under this Chapter unless:
(a) the matter involves a pattern of practice; and
(b) the affected business persons have exhausted the available administrative remedies regarding the particular matter.
4. The remedies referred to in paragraph 3(b) shall be deemed to be exhausted if a final determination in the matter has not been issued by the other Party within a reasonable period of time after the date of the institution of proceedings for the remedy, including any proceedings for review or appeal, and the failure to issue such a determination is not attributable to delays caused by the business persons concerned.
Annex 10A . SCHEDULE OF SPECIFIC COMMITMENTS ON ENTRY AND TEMPORARY STAY FOR BUSINESS PERSONS - AUSTRALIA
1. The following sets out Australia’s commitments in accordance with Chapter 10 (Entry and Temporary Stay for Business Persons) in respect of the entry and temporary stay of business persons.
| Description of Category | Conditions and Limitations (including length of stay) |
| A. Business Visitors | |
| Definition: Business visitors being business persons seeking to travel to Australia for business purposes whose remuneration and financial support for the duration of the visit must be derived from sources outside Australia, and who must not engage in making direct sales to the general public or in supplying the goods or services themselves.Business visitors comprise: | |
| (a) Service sellers, being business persons who are not based in Australia who are sales representatives of a service supplier and are seeking temporary entry for the purpose of negotiating for the sale of services or entering into agreements to sell services for that service supplier. | Temporary entry is for an initial stay of six months and up to a maximum of 12 months. |
| (b) Business visitors, being business persons seeking to travel to Australia for the purpose of participating in business negotiations or meetings. | Temporary entry is for periods of stay up to a maximum of three months. |
| (c) Business visitors, being business persons who are seeking to travel to Australia for business purposes, including investment purposes. | Temporary entry is for periods of stay up to a maximum of three months. |
| (d) Business visitors, being business persons who are seeking entry for the purposes of negotiating the sale of goods where such negotiations do not involve direct sale to the general public. | Temporary entry is for periods of stay up to a maximum of three months. |
| B. Installers and Servicers | |
| Definition: A business person who is an Installer or Servicer of machinery or equipment, where such installation or servicing by the supplying enterprise is a condition of purchase under contract of the said machinery or equipment, and who must not perform services which are not related to the service activity which is the subject of the contract. | Entry is for periods of stay up to a maximum of three months. |
| C. Intra-Corporate Transferees | |
| Definition: A business person employed by an enterprise of the UAE established and lawfully and actively operating in Australia, who is transferred to fill a position in the parent, branch, subsidiary or affiliate of that enterprise in Australia, and who is: (a) an executive or a senior manager, who is a business person responsible for the entire or a substantial part of the operations of the enterprise in Australia, receiving general supervision or direction principally from higher-level executives, the board of directors or stockholders of the enterprise, including directing the enterprise or a department or subdivision of it; supervising and controlling the work of other supervisory, professional or managerial employees; and having the authority to establish goals and policies of the department or subdivision of the enterprise; or (b) a specialist, who is a business person with advanced trade, technical or professional skills and experience who is assessed as having the necessary qualifications, or alternative credentials accepted as meeting Australia’s domestic standards for the relevant occupation, and who must have been employed by the employer for not less than two years immediately preceding the date of the application for temporary entry. | Temporary entry of business persons is subject to employer sponsorship. Full details of employer sponsorship requirements, including eligible occupations for sponsorship, are available on the website of the Australian government department responsible for immigration matters (as at entry into force, the address of that website was: http://www.homeaffairs.gov.au). Sponsorship requirements, including the eligible occupations for specialists, may change from time to time. (1) Temporary entry for executives and senior managers is for a period of stay up to four years, with the possibility of further stay. Temporary entry for specialists is for a period of stay up to four years, with the possibility of further stay. |
| D. Independent Executives | |
| Definition: Business persons whose work responsibilities match the description set out below and who intend, or are responsible for, the establishment in Australia, of a new branch or subsidiary of an enterprise which has its head of operations in the territory of the UAE, and which has no other representative, branch or subsidiary in Australia. Independent executives will be responsible for the entire or a substantial part of the enterprise’s operations in Australia, receiving general supervision or direction principally from higher level executives, the board of directors or stockholders of the enterprise, including directing the enterprise or a department or subdivision of it; supervising and controlling the work of other supervisory, professional or managerial employees; and having the authority to establish goals and policies of the department or subdivision of the enterprise. | Temporary entry of business persons is subject to employer sponsorship. Employer sponsorship requirements, including the list of eligible occupations for sponsorship, are available on the website of the Australian government department responsible for immigration matters (as at entry into force, that website was: http://www.homeaffairs.gov.au”). Temporary entry is for periods of stay up to a maximum of two years. |
| E. Contractual Service Suppliers | |
| Definition: Business persons with trade, technical or professional skills and experience who are assessed as having the necessary qualifications, skills and work experience accepted as meeting the domestic standard in Australia for their nominated occupation, and who are: (a) employees of an enterprise of the UAE that has concluded a contract for the supply of a service within Australia and that does not have a commercial presence within Australia; or (b) engaged by an enterprise lawfully and actively operating in Australia in order to supply a service under a contract within Australia. | Temporary entry of business persons is subject to employer sponsorship. Full details of employer sponsorship requirements, including the list of eligible occupations for sponsorship, are available on the website of the Australian government department responsible for immigration matters (as of entry into force, that website was http://www.homeaffairs.gov.au). Sponsorship requirements, including eligible occupations, may change from time to time. Labour market testing may be required, to the extent that this is not inconsistent with Australia’s WTO commitments. Temporary entry is for periods of stay up to 12 months, with the possibility of further stay. |
| F. Spouses and Dependants | |
| For a business person of the UAE who has been granted temporary entry or an extension of temporary stay under the commitments set out in sections (C), (D) and (E) of this Annex for a period of 12 months or longer and who has a spouse or dependant, Australia shall, upon application, grant the accompanying spouse or dependant the right of entry and temporary stay, movement and work for an equal period to that of the business person. |
Annex 10A . SCHEDULE OF SPECIFIC COMMITMENTS ON ENTRY AND TEMPORARY STAY FOR BUSINESS PERSONS - UAE
1. This Schedule sets out the UAE’s commitments in accordance with Chapter 10 (Entry and Temporary Stay for Business Persons) with respect to the entry and temporary stay of business persons of the other Party covered under Article 10.2 (Scope).
2. The commitments in this Schedule only apply to services sub-sectors in which the UAE has taken commitments in its Schedule in Annex 9D (Schedule of Specific Commitments for Services) of Chapter 9 (Trade in Services). For greater certainty, any sub-sectors in which the UAE has not taken commitments in Annex 9D (Schedule of Specific Commitments for Services) of Chapter 9 (Trade in Services) are not subject to the commitments in this Schedule.
3. The UAE reserves the right to require a business person of the other Party to obtain a visa or its equivalent prior to entry and to take any measure related to the conditions attached to entry and temporary stay under such visa for each of the categories specified below.
4. Australia’s schedule shall not be used to interpret the UAE’s commitments or obligations under Chapter 10 (Entry and Temporary Stay for Business Persons).
| Description of Category | Conditions and Limitations |
| A. Business Visitors | |
| A natural person who stays in the UAE, without acquiring remuneration from within the UAE and without engaging in making direct sales to the general public or supplying services, for the purposes of participating in business meetings, business contacts including negotiations for the sale of services and/or other similar activities including those to prepare for establishing a commercial presence in the UAE. | Entry and stay for persons in this category shall not be for more than 90 days in any 12-month period |
| B. Intra-corporate Transferees | |
| Managers, executives and specialists (as defined below) who have been in the employment of a juridical person of another Party outside the UAE, for a period of not less than one year prior to the date of application for entry into the UAE and are being transferred to a branch or affiliate in the UAE of the aforesaid juridical person. Definitions: Managers: persons within an organization who primarily direct the organization or a department or sub-division of the organization, supervise and control the work of other supervisory, professional or managerial employees, have the authority to hire or fire or recommend hiring, firing, or other personnel action (such as promotion or leave authorization), and exercise discretionary authority over day to day operation, doesn’t include first-line supervisor unless the employees supervised are professional, nor does include employees who primarily perform tasks necessary for the provision of the service. Executives: Persons within an organization, who primarily direct the management of the organization, establish the goals and policies of the organization, exercise wide latitude in decision-making, and receive only general supervision or direction from higher-level executives, the board of directors or stockholders of the business. Executives would not directly perform tasks related to the actual provision of service or services of the organization. Specialists: persons within an organization who possess knowledge at an advanced level of expertise and who possess proprietary knowledge of the organization’s services, research, equipment, techniques or management. | Entry will be subject to the following conditions: (i) The number of managers, executives and specialists shall be limited to 50% of the total number of managers, executives and specialists of each service supplier. (ii) Their entry shall be for a period of three years subject to renewable for additional years. Their stay in the UAE will be subject to UAE labour and immigration laws.The work right for the spouses of intra- corporate transferees is granted according to the UAE labour laws. |
| C. Contractual Services Suppliers | |
| This visa is issued to an applicant who is entering the UAE on a temporary mission connected with a private or public company or corporation operating in the UAE on condition that she or he is sponsored by one of its competent staff or by an official body and is a member of any of the following professions: (i) Business persons; (ii) Directors, Representatives, Sale Managers of companies and auditors; (iii) Representatives of companies and commercial enterprises delegated on a mission connected with a trade activity in the UAE. (iv) Engineers, Physicians, Lawyers and Qualified Technicians; (v) Spouses and children of the above professionals. The Federal Authority for Identity, Citizenship, Customs & Ports Security of in the UAE is authorized to issue a 90 (ninety) day visa renewable for a further equal period to enter the UAE subject to approval by the Ministry of Human Resources and Emiratization. | The Federal Authority for Identity, Citizenship, Customs & Ports Security of in the UAE is authorized to issue a 90 (ninety) day visa renewable for a further equal period to enter the UAE subject to approval by the Ministry of Human Resources and Emiratization. |
Chapter 11. INVESTMENT FACILITATION
Article 11.1. Australia-UAE Investment Agreement
The Parties acknowledge that, in addition to the provisions of this Chapter, they have concluded, concurrently with this Agreement, a separate Agreement between the Government of the United Arab Emirates and the Government of Australia on the Promotion and Protection of Investments (“Australia-UAE Investment Agreement”).
Article 11.2. Promotion of Investment
1. The Parties affirm their desire to promote an attractive investment climate and expand trade in products and services. In this regard, the Parties shall take appropriate measures to promote an attractive investment climate, including by:
(a) encouraging investments between the Parties, especially those that will support decarbonisation efforts and the development of clean technologies;
(b) encouraging investment in partnership with First Nations people;
(c) organising joint investment promotion activities;
(d) promoting business matching events;
(e) promoting cooperation with relevant government agencies to expand opportunities for business and industry; and
(f) conducting information exchanges on other issues of mutual interest relating to investment opportunities between the Parties.
Article 11.3. Facilitation of Investment
1. Subject to its laws and regulations, each Party shall endeavour to secure favourable conditions necessary to facilitate long-term investment relationships between the Parties, including by:
(a) ensuring that all relevant measures of general application with respect to matters within the scope of this Chapter are administered in a reasonable, objective and impartial manner;
(b) ensuring that all relevant measures of general application with respect to matters within the scope of this Chapter are promptly published, or otherwise made publicly available; and
(c) otherwise promoting the dissemination of investment information, including investment policies, procedures and informational materials.
2. To the extent possible, subject to its laws and regulations, a Party’s activities under paragraph 1 may include providing voluntary assistance in resolving difficulties experienced by investors of the other Party impacting their covered investments.
3. The Parties shall endeavour to facilitate meetings between their respective competent authorities aimed at exchanging knowledge and approaches to better facilitate investment in priority sectors and support the development of clean technologies. This includes exchanging knowledge and approaches to engaging and partnering with First Nations people.
Article 11.4. Investment and the Environment
1. The Parties recall the provisions of Chapter 18 (Environment and the Transition to Net Zero) that are applicable to promoting mutually supportive investment and environmental outcomes; and shall endeavour to enhance the capacities of the Parties to address investment-related environmental issues, including through cooperation.
2. The Parties further recall that the provisions referred to in paragraph 1 include those applicable to:
(a) maintaining and enforcing domestic environmental laws and regulations;
(b) recognising that it is inappropriate to weaken or reduce the protection afforded in their environmental laws and regulations to encourage investment;
(c) commitments under multilateral environmental agreements to which they are party;
(d) supporting the transition to low carbon and climate resilient economies; and
(e) encouraging investment in environmental goods and services as a means of improving environmental and economic performance, supporting inclusive economic growth, contributing to clean growth, and addressing global environmental challenges.
Article 11.5. Non-Application of Dispute Settlement
The Parties shall not have recourse to dispute settlement under Chapter 25 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 12. DIGITAL TRADE
Article 12.1. Definitions
For purposes of this Chapter:
administrative ruling of general application means an administrative ruling or interpretation that applies to all persons and fact situations that fall generally within the ambit of that administrative ruling or interpretation and that establishes a norm of conduct, but does not include:
(a) a determination or ruling made in an administrative or quasi-judicial proceeding that applies to a particular person, good or service of the other Party in a specific case; or
(b) a ruling that adjudicates with respect to a particular act or practice;
computing facilities means computer servers and storage devices for processing or storing information for commercial use but does not include computer servers or storage devices of or used to access financial market infrastructures;
covered person means a service supplier of a Party as defined in Article 9.1 (Definitions – Trade in Services);
customs duty includes any duty or charge of any kind imposed on or in connection with the importation of a good, and any surtax or surcharge imposed in connection with such importation, but does not include any:
(a) charge equivalent to an internal tax imposed consistently with paragraph 2 of Article III of the GATT 1994;
(b) fee or other charge in connection with the importation commensurate with the cost of services rendered; or
(c) antidumping or countervailing duty;
electronic authentication means the process or act of verifying the identity of a party to an electronic communication or transaction and ensuring the integrity of an electronic communication;
electronic invoicing means the automated creation, exchange and processing of a request for payment between a supplier and a buyer using a structured digital format;
electronic payments mean a payer’s transfer of a monetary claim acceptable to a payee made through electronic means;
electronic signature means data in electronic form that is in, affixed to, or logically associated with, an electronic document, and that may be used to identify or verify the signatory in relation to the electronic document and indicate the signatory’s approval of the information contained in the electronic document;
electronic transmission or transmitted electronically means a transmission made using any electromagnetic means, including by photonic means;
electronic version of a document means a document in an electronic format prescribed by a Party, including a document sent by facsimile transmission;
juridical person means:
(a) any entity constituted or organised under applicable law, whether or not for profit, and whether privately or governmentally owned or controlled, including any corporation, trust, partnership, sole proprietorship, joint venture, association or similar organisation; and
(b) a branch of a juridical person;
juridical person of a Party means a juridical person constituted or organised under the law of a Party, or a branch located in the territory of a Party and carrying out business activities there; (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;
natural person is defined in accordance with Article 9.1 (Definitions - Trade in Services);
open government data means non-proprietary information, including data, made freely available to the public by the central level of government;
person means a natural person or a juridical person;
person of a Party means a natural person or a juridical person of a Party;
personal data means any information, including data, about an identified or identifiable natural person;
telecommunications means telecommunications as defined in Article 9B.1 (Definitions – Telecommunications Annex);
trade administration documents mean forms issued or controlled by a Party that must be completed by or for an importer or exporter in connection with the import or export of goods; and
unsolicited commercial electronic message means an electronic message which is sent for commercial or marketing purposes to an electronic address, without the consent of the recipient or despite the explicit rejection of the recipient, through an Internet access service supplier or, to the extent provided for under the laws and regulations of each Party, other telecommunications service.
Article 12.2. Objectives
1. The Parties recognise the economic growth and opportunity that digital trade provides, the importance of avoiding barriers to its use and development, and the importance of frameworks that promote consumer confidence in digital trade.
2. The objectives of this Chapter are to:
(a) promote sustainable and stable development of digital trade within the territories of the Parties and between the Parties;
(b) support the growth of economic activity between the Parties;
(c) expand the scope of cooperation between the Parties on matters concerning digital trade;
(d) facilitate greater business-to-business links between the Parties;
(e) foster participation of SMEs in digital trade;
(f) promote consumer confidence in digital trade; and
(g) foster an environment conducive to the further advancement of digital transformation of the Parties’ economies.
Article 12.3. Scope and General Provisions
1. This Chapter shall apply to measures adopted or maintained by a Party that affect trade by electronic means or that, by electronic means, facilitate trade.
2. This Chapter shall not apply to:
(a) government procurement; or
(b) except for Article 12.18 (Open Government Data), information held or processed by or on behalf of a Party, or measures related to such information, including measures related to its collection.
3. Articles 12.16 (Cross-Border Transfer of Information by Electronic Means) and 12.19 (Location of Computing Facilities) shall not apply to a measure to the extent that the measure is not subject to an obligation in Chapter 9 (Trade in Services), by reason of:
(a) any term, limitation, qualification, or condition, specified in a Party’s commitments, or with respect to a sector that is not subject to a Party’s commitments, made in accordance with Article 9.5 (Most-Favoured Nation Treatment – Trade in Services) or Article 9.8 (Schedules of Specific Commitments – Trade in Services);
(b) Article 9.9 (Schedules of Non-Conforming Measures and Reservations – Trade in Services); or
(c) any exception that is applicable to that obligation.
4. Articles 12.16 (Cross-Border Transfer of Information by Electronic Means) and 12.19 (Location of Computing Facilities) shall not apply to credit information, or related personal data, of a natural person.
Article 12.4. Paperless Trading
Each Party shall endeavour to:
(a) make trade administration documents available to the public in electronic form; and
(b) accept trade administration documents submitted electronically as the legal equivalent of the paper version of those documents.
Article 12.5. Standards and Conformity Assessment for Digital Trade
1. The Parties recognise the role of international standards and conformity assessment procedures in fostering a well-functioning digital economy, including their potential to decrease compliance costs and increase consistency, interoperability, reliability and efficiency.
2. Each Party shall, where appropriate, actively participate in the work of relevant regional and international bodies relating to the development and adoption of standards that support digital trade.
3. To the extent possible, and if agreed, the Parties shall endeavour to:
(a) share experiences of developing or adopting standards that support digital trade; and
(b) exchange views on potential future areas to develop or adopt standards that support digital trade, including technology standards.
4. The Parties recognise that mechanisms which facilitate the cross-border recognition of conformity assessment results can support digital trade. To this end, the Parties shall endeavour to exchange information to facilitate the acceptance of conformity assessment results with a view to supporting digital trade.
Article 12.6. Domestic Electronic Transactions Framework
1. Each Party shall maintain a legal framework governing electronic transactions consistent with the principles of the UNCITRAL Model Law on Electronic Commerce 1996 or the United Nations Convention on the Use of Electronic Communications in International Contracts, done at New York on November 23, 2005.
2. Each Party shall endeavour to:
(a) avoid any unnecessary regulatory burden on electronic transactions; and
(b) facilitate input by interested persons in the development of its legal framework for electronic transactions, including in relation to trade documentation.
Article 12.7. Electronic Authentication and Electronic Signatures
1. Except in circumstances otherwise provided for under its law, a Party shall not deny the legal validity of a signature solely on the basis that the signature is in electronic form.
2. Neither Party shall adopt or maintain measures regarding authentication that would:
(a) prohibit parties to an electronic transaction from mutually determining the appropriate authentication methods for that transaction; or
(b) prevent parties to an electronic transaction from having the opportunity to establish before judicial or administrative authorities that their transaction complies with any legal requirements with respect to authentication.