Australia - United Arab Emirates CEPA (2024)
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(a) online consumer protection;

(b) personal data protection;

(c) anti-money laundering and sanctions compliance for digital trade;

(d) unsolicited commercial electronic messages;

(e) authentication; and

(f) challenges for SMEs in digital trade.

Article 12.27. Cybersecurity

The Parties have a shared vision to promote secure digital trade and recognise that threats to cybersecurity undermine confidence in digital trade. Accordingly, the Parties recognise the importance of:

(a) building the capabilities of their government agencies responsible for cybersecurity incident response;

(b) using existing collaboration mechanisms to cooperate to identify and mitigate malicious intrusions or dissemination of malicious code that affect the electronic networks of the Parties; and

(c) promoting the development of a strong public and private workforce in the area of cybersecurity, including possible initiatives relating to mutual recognition of qualifications, diversity and equality.

Article 12.28. Transparency

1. The Parties recognise that transparent measures are important for building trust in the digital economy, creating a conducive environment for digital trade and facilitating trade.

2. Each Party shall promptly publish, or otherwise promptly make publicly available where publication is not practicable, its laws, regulations, procedures and administrative rulings of general application with respect to any matter covered by this Chapter.

3. Each Party shall respond promptly to any request by the other Party for specific information on any of its actual or proposed laws or regulations referred to in paragraph 2.

4. To the extent possible, each Party shall:

(a) publish in advance any measure referred to in paragraph 2 that it proposes to adopt; and

(b) provide interested persons and the other Party with a reasonable opportunity to comment on such proposed measures.

5. To the extent possible, where this Chapter requires a Party to publish information, each Party shall ensure that such information is published online.

Chapter 13. COMPETITION AND CONSUMER PROTECTION

Article 13.1. Objectives

The objectives of this Chapter are to promote competition, and enhance economic efficiency and consumer welfare, through the adoption and maintenance of laws and regulations that proscribe anti-competitive behaviour and protect consumers.

Article 13.2. Scope

1. The Parties affirm their rights and obligations under Article XVII of the GATT 1994, and the Understanding on the Interpretation of Article XVII of the GATT 1994.

2. The Parties recognise the sovereign rights of each Party to develop, administer, and enforce its competition and consumer protection laws, regulations and policies.

3. Nothing in this Chapter shall apply with respect to a state-owned enterprise owned or controlled by a central, regional or local level of government, except as prescribed by a Party’s laws and regulations.(1)

4. Nothing in this Chapter shall prevent a Party from establishing or maintaining state-owned enterprises, or granting enterprises special rights or privileges.

5. This Chapter shall not apply to government procurement.

(1) For greater certainty, nothing in this Chapter shall apply to state-owned enterprises engaged in non-commercial activities.

Article 13.3. Anti-Competitive Behaviour

1. Each Party shall maintain competition laws and regulations which:

(a) proscribe anti-competitive restrictive agreements, which have as their object or effect the prevention, restriction or distortion of competition;

(b) proscribe abuse of a dominant position; and

(c) address mergers with substantial anti-competitive effects, as specified in the respective competition laws and regulations of the Parties.

2. Acknowledging each Party’s rights under this Chapter, in particular paragraph 3 of Article 13.2 (Scope), each Party shall apply its national competition and consumer laws and regulations to all commercial activities in its territory. This does not preclude a Party from applying its national competition laws and regulations to commercial activities outside its territory that may have anti- competitive effects within its territory.

3. Each Party shall pursue to ensure its national competition and consumer protection authorities’ decision making process for the enforcement of its national competition and consumer laws and regulations is as independent as possible.

Article 13.4. Consumer Protection

1. The Parties recognise the importance of consumer protection policy and law enforcement to enhancing consumer welfare.

2. Each Party shall maintain consumer protection laws and regulations that prohibit false, misleading and deceptive practices.

3. Each Party shall maintain laws and regulations that provide consumers with statutory rights in relation to goods and services supplied to them, which allow for remedies when:

(a) goods are of unacceptable quality or are defective;

(b) goods are not as described;

(c) goods are not fit for their represented purpose; and

(d) services are not performed with appropriate care or skill.

4. The Parties further recognise the importance of improving awareness of, and providing access to, consumer redress mechanisms, including the resolution of disputes.

Article 13.5. Non-Discrimination

1. Each Party shall enforce its national competition and consumer protection laws and regulations in a manner that does not discriminate on the basis of nationality and recognises the value of non-discrimination on the basis of the characteristics of the company.

2. Each Party shall ensure that if it establishes or maintains an administrative body to exercise regulatory activities with respect to its competition and consumer protection laws and regulations, it does so in an impartial manner.

Article 13.6. Transparency

1. The Parties recognise the value of making their competition and consumer protection laws and regulations as transparent as possible.

2. On request of a Party, the other Party shall make available to the requesting Party, information publicly available concerning its national competition and consumer protection law.

3. Each Party shall ensure, to the extent permissible under its competition laws and regulations, that a final decision pursuant to its competition laws and regulations is made in writing and sets out findings of fact and the reasoning, including legal and, if applicable, economic analysis, on which the decision is based.

4. Each Party may make a final decision referred to in paragraph 3 and any order implementing that decision available to the public, if it is permissible under its competition laws and regulations. Each Party shall ensure that the version of the decision or order that is made available to the public does not include confidential information that is protected from public disclosure by its laws and regulations.

Article 13.7. Procedural Fairness

1. Each Party shall ensure that before it imposes a sanction or remedy against a person pursuant to its national competition and consumer protection laws and regulations, it affords that person:

(a) information about the national competition or consumer authority’s concerns;

(b) a reasonable opportunity to be legally represented; and

(c) a reasonable opportunity to be heard and present evidence in its defence, except that a Party may provide for the person to be heard and present evidence within a reasonable time after it imposes such an interim sanction or remedy.

2. Each Party shall endeavour to maintain written procedures pursuant to which its national competition and consumer protection law investigations are conducted. If these investigations are not subject to definitive deadlines, each Party’s national competition or consumer protection authorities shall endeavour to conduct their investigations within a reasonable time frame.

3. Each Party shall endeavour to maintain rules of procedure that apply to proceedings conducted pursuant to its national competition and consumer protection laws and regulations.

4. Each Party shall provide a person that is subject to the imposition of a sanction or remedy pursuant to that Party’s national competition and consumer protection laws and regulations with the opportunity to seek review of the sanction or remedy in an administrative proceeding, court or other independent tribunal established under that Party’s law.

5. Each Party may authorise its national competition and consumer protection authorities to resolve civil or administrative matters voluntarily by consent of the authority and the person subject to the enforcement action. A Party may provide for such voluntary resolution to be subject to review by a court or independent tribunal or a public comment period before becoming final.

6. If a Party’s national competition or consumer protection authorities issues a public notice that reveals the existence of a pending or ongoing investigation, that authority shall not state, and shall avoid implying, in that notice that the person referred to in that notice has engaged in the alleged conduct or violated the Party’s national competition and consumer laws.

Article 13.8. Private Rights of Action

1. For the purposes of this Article, “private right of action” means the right of a person to seek redress, including injunctive, monetary or other remedies, from a court or other independent tribunal for injury to that person’s business or property caused by a violation of national competition or consumer protection laws and regulations.

2. Each Party shall ensure that a right provided pursuant to paragraph 1 is available to persons of the other Party on terms that are no less favourable than those available to its own persons, pursuant to each Party’s laws and regulations.

Article 13.9. Cooperation

1. The Parties recognise the importance of cooperation between their respective competition and consumer protection authorities.

2. Subject to reasonably available resources, areas of cooperation may include, as mutually agreed by the Parties, but are not limited to:

(a) exchanging information;

(b) sharing best practices and experiences, including through training and the exchange of officials; and

(c) technical cooperation in any other form as agreed by the Parties.

3. The Parties acknowledge the importance of cooperation and coordination internationally in the work of multilateral organisations in this area, including, inter alia, the International Consumer Protection and Enforcement Network.

4. The Parties recognise the importance of cooperation between their respective national consumer protection authorities, subject to reasonably available resources and where possible and appropriate, on activities related to cross- border electronic commerce in order to enhance consumer welfare.

5. Subject to each Party’s reasonably available resources, the Parties may cooperate, if practicable and appropriate, and in accordance with their respective laws and regulations, on sharing their experiences and the exchange of information, if applicable, in addressing the challenges that may arise from the digital economy.

6. The Parties may, if appropriate and subject to reasonably available resources and as mutually agreed by the Parties, engage in mutually agreed technical cooperation activities, including:

(a) cooperating in international fora on matters related to competition;

(b) cooperating in improving corporate governance of privately owned enterprises; and

(c) sharing best practices on competition policy approaches, including policies related to competitive neutrality.

7. Nothing in this Chapter shall prevent the Parties entering into separate commitments or arrangements on cooperation.

Article 13.10. Confidential Information

1. This Chapter shall not require the sharing of information by a Party which is contrary to that Party’s laws and regulations or national interest.

2. Where a Party requests confidential information under this Chapter, the requesting Party shall notify the requested Party of:

(a) the purpose of the request;

(b) the intended use of the requested information; and

(c) any laws or regulations of the requesting Party that may affect the confidentiality of information or require the use of the information for purposes not agreed upon by the requested Party.

3. If the requested Party agrees to share information on a confidential basis with the requesting Party, then, except to comply with its laws and regulations or as otherwise agreed between the Parties, the Party receiving the information shall:

(a) maintain the confidentiality of the information received;

(b) use the information received only for the purpose disclosed at the time of the request, unless otherwise authorised by the Party providing the information;

(c) not use the information received as evidence in criminal proceedings carried out by a court or a judge unless, on request of the Party receiving the information, such information was provided for such use in criminal proceedings through diplomatic channels or other channels established in accordance with the laws and regulations of the Parties concerned;

(d) not disclose the information received to any other authority, entity, or person not authorised by the Party providing the information; and

(e) comply with any other conditions required by the Party providing the information.

Article 13.11. Consultation

To foster understanding between the Parties or to facilitate dialogue on matters under the scope of this Chapter, on request of a Party, the other Party may enter into consultations with the requesting Party, subject to reasonably available resources. In its request, the requesting Party shall indicate the substance of its request.

Article 13.12. Contact Point

Within 90 days of the date of entry into force of this Agreement, each Party shall designate a contact point to facilitate communication and the exchange of information on matters arising under this Chapter.

Article 13.13. Exemptions and Exclusions

1. Each Party may provide for certain exemptions and exclusions from the application of its national competition and consumer protection laws and regulations, as prescribed in its laws and regulations.

2. On request of a Party, the other Party may make available to the requesting Party publicly available information concerning exemptions, exclusions and immunities to its national competition and consumer protection laws and regulations.

Article 13.14. Exceptions

Nothing in this Chapter shall be construed to prevent the adoption or enforcement by any Party of measures to respond temporarily to a national or global economic emergency.

Article 13.15. 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 14. INTELLECTUAL PROPERTY

Section A. General Provisions

Article 14.1. Definitions

For the purposes of this Chapter:

intellectual property refers to:

(a) copyright and related rights;

(b) patents and utility models;

(c) trademarks;

(d) industrial designs;

(e) layout designs (topographies) of integrated circuits;

(f) geographical indications;

(g) protection of plant varieties; and

(h) protection of undisclosed information;

national means, in respect of the relevant right, a person of a Party that would meet the criteria for eligibility for protection provided for in the agreements listed in Article 14.6 (International Agreements); and

TRIPS Agreement means the Agreement on Trade-Related Aspects of Intellectual Property Rights in Annex 1C to the WTO Agreement.

WIPO means the World Intellectual Property Organization.

Article 14.2. Objectives

The protection and enforcement of intellectual property rights should contribute to the promotion of trade, investment, technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations.

Article 14.3. Understandings In Respect of this Chapter

Having regard to the underlying public policy objectives of national systems, the Parties recognise the need to:

(a) promote innovation and creativity;

(b) facilitate the diffusion of information, knowledge, technology, culture, and the arts; and

(c) foster competition and open and efficient markets,

through their respective intellectual property systems, while respecting the principles of transparency and due process, and taking into account the interests of relevant stakeholders, including right holders, service providers, users, and the general public.

Article 14.4. Principles

1. Nothing in this Chapter shall prevent a Party from adopting appropriate measures to prevent the abuse of intellectual property rights by right holders or the resort to practices that unreasonably restrain trade or adversely affect the international transfer of technology, provided that such measures are consistent with the provisions of this Chapter.

2. A Party may, in formulating or amending its laws and regulations, adopt measures necessary to protect public health and nutrition, and to promote the public interest in sectors of vital importance to their socio-economic and technological development, provided that such measures are consistent with the provisions of this Chapter.

Article 14.5. Nature and Scope of Obligations

Each Party shall give effect to the provisions of this Chapter. A Party may, but shall not be obliged to, provide more extensive protection for, including enforcement of, intellectual property rights under its law than is required by this Chapter, provided that such protection including enforcement, does not contravene the provisions of this Chapter. Each Party shall be free to determine the appropriate method of implementing the provisions of this Chapter within its own legal system and practice.

Article 14.6. International Agreements

The Parties affirm their rights and obligations set out in the following multilateral agreements:

(a) TRIPS Agreement;

(b) Patent Cooperation Treaty done at Washington on 19 June 1970, as amended on 28 September 1979, and modified on 3 February 1984 and on 3 October 2001 (“PCT”);

(c) Paris Convention for the Protection of Industrial Property done at Paris on 20 March 1883 as revised at Stockholm on 14 July 1967 as amended on 28 September 1979 (“Paris Convention”);

(d) Berne Convention for the Protection of Literary and Artistic Works done at Berne on 9 September 1886, as revised at Paris on 24 July 1971 and amended on 28 September 1979 (“Berne Convention”);

(e) Protocol relating to the Madrid Agreement concerning the International Registration of Marks done at Madrid on 27 June 1989;

(f) WIPO Performances and Phonogram Treaty done at Geneva on 20 December 1996 (“WPPT”);

(g) Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations done at Rome on 26 October 1961 (“Rome Convention”);

(h) WIPO Copyright Treaty done at Geneva on 20 December 1996 (“WCT”);

(i) Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure done at Budapest on 28 April 1977, as amended on 26 September 1980;

(j) Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled done at Marrakesh on 27 June 2013; and

(k) International Convention for the Protection of New Varieties of Plants done at Paris on 2 December 1961, as revised at Geneva on 19 March 1991.

Article 14.7. Intellectual Property and Public Health

1. The Parties affirm the Doha Declaration on the TRIPS Agreement and Public Health adopted on 14 November 2001 (“the Doha Declaration”). In particular, the Parties have reached the following understandings regarding this Chapter:

(a) the Parties affirm the right to fully use the flexibilities as duly recognised in the Doha Declaration;

(b) the Parties agree that this Chapter does not and should not prevent a Party from taking measures to protect public health; and

(c) the Parties affirm that this Chapter can and should be interpreted and implemented in a manner supportive of each Party’s right to protect public health and, in particular, to promote access to medicines for all.

  • Chapter   1 INITIAL PROVISIONS AND GENERAL DEFINITIONS 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 General Definitions 1
  • Article   1.3 Relation to other Agreements 1
  • Article   1.4 Regional and Local Government 1
  • Chapter   2 TRADE IN GOODS 1
  • Article   2.1 Definitions 1
  • Article   2.2 Scope and Coverage 1
  • Article   2.3 National Treatment on Internal Taxation and Regulation 1
  • Article   2.4 Reduction or Elimination of Customs Duties 1
  • Article   2.5 Acceleration or Improvement of Tariff Commitments 1
  • Article   2.6 Classification of Goods and Transposition of Schedules 1
  • Article   2.7 Import and Export Restrictions 1
  • Article   2.8 Import Licensing 1
  • Article   2.9 Customs Valuation 1
  • Article   2.10 Export Subsidies 1
  • Article   2.11 Administrative Fees and Formalities 1
  • Article   2.13 Temporary Admission of Goods 1
  • Article   2.14 Goods Re-Entered after Repair or Alteration 1
  • Article   2.15 Duty-Free Entry of Commercial Samples of Negligible Value and Printed Advertising Materials 1
  • Article   2.12 Technical Consultations and Contact Points 1
  • Chapter   3 RULES OF ORIGIN 1
  • Article   3.1 Definitions 2
  • Section   A Origin Determination 2
  • Article   3.2 Originating Goods 2
  • Article   3.3 Wholly Obtained or Produced Goods 2
  • Article   3.4 Qualifying Value Content 2
  • Article   3.5 Accumulation 2
  • Article   3.6 De Minimis 2
  • Article   3.7 Insufficient Working or Processing 2
  • Article   3.8 Indirect Materials 2
  • Article   3.9 Accessories, Spare Parts, Tools 2
  • Article   3.10 Packaging Materials and Containers for Retail Sale 2
  • Article   3.11 Unit of Qualification 2
  • Article   3.12 Packaging Materials and Containers for Transportation and Shipment 2
  • Article   3.13 Fungible Goods and Materials 2
  • Article   3.14 Article 3.14 Sets of Goods 2
  • Article   3.15 Intermediate Goods 2
  • Article   3.16 Value of Materials Used In Production 2
  • Article   3.17 Further Adjustments to the Value of Materials 2
  • Section   B Origin Procedures 2
  • Article   3.18 Transit and Transshipment 3
  • Article   3.19 Free Economic Zones or Free Zones 3
  • Article   3.20 Third Party Invoicing 3
  • Article   3.21 Proof of Origin 3
  • Article   3.22 Certificate of Origin 3
  • Article   3.23 Electronic Data Origin Exchange System 3
  • Article   3.24 Origin Declaration 3
  • Article   3.25 Waiver of a Certificate of Origin or Origin Declaration 3
  • Article   3.26 Application for a Certificate of Origin 3
  • Article   3.27 Certificate of Origin Issued Retrospectively 3
  • Article   3.28 Loss of the Certificate of Origin 3
  • Article   3.29 Treatment of Erroneous Declaration In the Certificate of Origin 3
  • Article   3.30 Treatment of Minor Discrepancies 3
  • Article   3.31 Denial of Preferential Tariff Treatment 3
  • Article   3.32 Verification 3
  • Article   3.33 Verification Visits 3
  • Article   3.34 Record Keeping Requirement 3
  • Article   3.35 Confidentiality 3
  • Article   3.36 Mutual Assistance 3
  • Article   3.37 Consultation and Modifications 3
  • Article   3.38 Contact Points 3
  • Chapter   4 CUSTOMS PROCEDURES AND TRADE FACILITATION 3
  • Article   4.1 Definitions 3
  • Article   4.2 Scope 3
  • Article   4.3 General Provisions 3
  • Article   4.4 Publication and Availability of Information 3
  • Article   4.5 Risk Management 3
  • Article   4.6 Data, Documentation and Automation 3
  • Article   4.7 Advance Rulings 4
  • Article   4.8 Penalties 4
  • Article   4.9 Release of Goods 4
  • Article   4.10 Perishable Goods 4
  • Article   4.11 Authorised Economic Operators 4
  • Article   4.12 Border Agency Cooperation 4
  • Article   4.13 Expedited Shipments 4
  • Article   4.14 Review and Appeal 4
  • Article   4.15 Customs Cooperation 4
  • Article   4.16 Confidentiality 4
  • Chapter   5 TRADE REMEDIES 4
  • Article   5.1 Scope 4
  • Article   5.2 Anti-Dumping and Countervailing Measures 4
  • Article   5.3 Global Safeguard Measures 4
  • Article   5.4 Cooperation 4
  • Article   5.5 Contact Points 4
  • Article   5.6 Non-Application of Dispute Settlement 4
  • Chapter   6 SANITARY AND PHYTOSANITARY MEASURES 4
  • Article   6.1 Definitions 4
  • Article   6.2 Objectives 4
  • Article   6.3 Scope 4
  • Article   6.4 General Provisions 4
  • Article   6.5 Contact Points and Competent Authorities 4
  • Article   6.6 Technical Consultations 4
  • Article   6.7 Adaptation to Regional Conditions 4
  • Article   6.8 Equivalence 4
  • Article   6.9 Emergency Measures 4
  • Article   6.10 Transparency and Exchange of Information 4
  • Article   6.11 Cooperation 5
  • Article   6.12 Non-Application of Dispute Settlement 5
  • Chapter   7 SUSTAINABLE AGRICULTURE AND FOOD SYSTEMS 5
  • Article   7.1 Objectives 5
  • Article   7.2 Scope 5
  • Article   7.3 Principles of Sustainable Agriculture and Food Systems 5
  • Article   7.4 Sustainability Goals 5
  • Article   7.5 Cooperation 5
  • Article   7.6 Non-Application of Dispute Settlement 5
  • Chapter   8 TECHNICAL BARRIERS TO TRADE 5
  • Article   8.1 Definitions 5
  • Article   8.2 Objectives 5
  • Article   8.3 Scope 5
  • Article   8.4 Affirmation of TBT Agreement 5
  • Article   8.5 International Standards 5
  • Article   8.6 Technical Regulations 5
  • Article   8.7 Conformity Assessment Procedures 5
  • Article   8.8 Cooperation 5
  • Article   8.9 Transparency 5
  • Article   8.10 Contact Points 5
  • Article   8.11 Information Exchange and Technical Discussions 5
  • Chapter   9 TRADE IN SERVICES 5
  • Article   9.1 Definitions 5
  • Article   9.2 Scope and Coverage 6
  • Article   9.3 Scheduling of Commitments 6
  • Article   9.4 National Treatment 6
  • Article   9.5 Most-Favoured-Nation Treatment 6
  • Article   9.6 Market Access 6
  • Article   9.7 Local Presence 6
  • Article   9.8 Schedules of Specific Commitments 6
  • Article   9.9 Schedules of Non-Conforming Measures and Reservations 6
  • Article   9.10 Additional Commitments 6
  • Article   9.11 Modification of Schedules 6
  • Article   9.12 Transparency 6
  • Article   9.13 Domestic Regulation 6
  • Article   9.14 Recognition 6
  • Article   9.15 Professional Services 7
  • Article   9.16 Payments and Transfers 7
  • Article   9.17 Monopolies and Exclusive Service Suppliers 7
  • Article   9.18 Business Practices 7
  • Article   9.19 Denial of Benefits 7
  • Article   9.20 Review 7
  • Annex 9A  FINANCIAL SERVICES 7
  • Article   9A.1 Definitions 7
  • Article   9A.2 Scope 7
  • Article   9A.3 Financial Services Exceptions 7
  • Article   9A.4 Prudential Measures 7
  • Article   9A.5 Financial Services New to the Territory of a Party 7
  • Article   9A.6 Treatment of Financial Services Information 7
  • Article   9A.7 Recognition of Prudential Measures 7
  • Article   9A.8 Self-Regulatory Organisations 7
  • Article   9A.9 Payment and Clearing Systems 7
  • Article   9A.10 Shariah-Compliant Financial Services 7
  • Article   9A.11 Sustainable Finance 7
  • Article   9A.12 Dispute Settlement 7
  • Annex 9B  TELECOMMUNICATIONS SERVICES 7
  • Article   9B.1 Definitions 7
  • Article   9B.2 Scope and Coverage 7
  • Article   9B.3 Access to and Use of Public Telecommunications Networks and Services 8
  • Article   9B.4 Interconnection to Be Ensured 8
  • Article   9B.5 Interconnection with Major Suppliers 8
  • Article   9B.6 Number Portability 8
  • Article   9B.7 Resale 8
  • Article   9B.8 Treatment by Major Suppliers 8
  • Article   9B.9 Competitive Safeguards 8
  • Article   9B.10 Provisioning of Leased Circuit Services 8
  • Article   9B.11 Co-location and Access to Facilities 8
  • Article   9B.12 Universal Service 8
  • Article   9B.13 Public Availability of Licensing Criteria 8
  • Article   9B.14 Independent Regulatory and Dispute Resolution Body 8
  • Article   9B.15 Allocation of Scarce Resources 8
  • Article   9B.16 Transparency 8
  • Article   9B.17 International Mobile Roaming 8
  • Article   9B.18 Submarine Cable Systems 8
  • Article   9B.19 Flexibility In the Choice of Technology 8
  • Article   9B.20 Relation to International Organisations 8
  • Article   9B.21 Relationship to other Chapters 8
  • Article   9B.22 Cooperation 8
  • Article   9B.23 Dispute Settlement and Appeal 8
  • Article   9B.24 Enforcement 8
  • Annex 9C  8
  • Part   A FOREIGN INVESTMENT FRAMEWORK FOR AUSTRALIA 8
  • Part   B FOREIGN INVESTMENT FRAMEWORK FOR THE UNITED ARAB EMIRATES 8
  • Appendix 9D-a  Most-Favoured-Nation Treatment Sectoral Coverage 8
  • Annex 9-D  SCHEDULE OF SPECIFIC COMMITMENTS – SCHEDULE OF UAE 9
  • Annex 9E   SCHEDULE OF NON-CONFORMING MEASURES AND RESERVATIONS FOR SERVICES AUSTRALIA 9
  • List A   9
  • List B   10
  • Appendix A   AUSTRALIA’S MARKET ACCESS COMMITMENTS – REGIONAL (STATE AND TERRITORY) LEVEL 12
  • NOTE ON MARITIME TRANSPORT SERVICES 12
  • List C   ADDITIONAL COMMITMENTS – CHAPTER 9 (TRADE IN SERVICES) AUSTRALIA 12
  • Chapter   10 ENTRY AND TEMPORARY STAY FOR BUSINESS PERSONS 12
  • Article   10.1 Definitions 12
  • Article   10.2 Scope 12
  • Article   10.3 Application Procedures 12
  • Article   10.4 Grant of Entry and Temporary Stay 13
  • Article   10.5 Provision of Information 13
  • Article   10.6 Relation to other Chapters 13
  • Article   10.7 Dispute Settlement 13
  • Annex 10A   SCHEDULE OF SPECIFIC COMMITMENTS ON ENTRY AND TEMPORARY STAY FOR BUSINESS PERSONS - AUSTRALIA 13
  • Annex 10A   SCHEDULE OF SPECIFIC COMMITMENTS ON ENTRY AND TEMPORARY STAY FOR BUSINESS PERSONS - UAE 13
  • Chapter   11 INVESTMENT FACILITATION 13
  • Article   11.1 Australia-UAE Investment Agreement 13
  • Article   11.2 Promotion of Investment 13
  • Article   11.3 Facilitation of Investment 13
  • Article   11.4 Investment and the Environment 13
  • Article   11.5 Non-Application of Dispute Settlement 13
  • Chapter   12 DIGITAL TRADE 13
  • Article   12.1 Definitions 13
  • Article   12.2 Objectives 13
  • Article   12.3 Scope and General Provisions 13
  • Article   12.4 Paperless Trading 13
  • Article   12.5 Standards and Conformity Assessment for Digital Trade 13
  • Article   12.6 Domestic Electronic Transactions Framework 13
  • Article   12.7 Electronic Authentication and Electronic Signatures 13
  • Article   12.8 Electronic Invoicing 14
  • Article   12.9 Electronic Payments 14
  • Article   12.10 Online Consumer Protection 14
  • Article   12.11 Personal Data Protection 14
  • Article   12.12 Unsolicited Commercial Electronic Messages 14
  • Article   12.13 Principles on Access to and Use of the Internet for Digital Trade 14
  • Article   12.14 Online Safety and Security 14
  • Article   12.15 Customs Duties 14
  • Article   12.16 Cross-Border Transfer of Information by Electronic Means 14
  • Article   12.17 Data Innovation 14
  • Article   12.18 Open Government Data 14
  • Article   12.19 Location of Computing Facilities 14
  • Article   12.20 Information and Communication Technology Products That Use Cryptography 14
  • Article   12.21 Source Code 14
  • Article   12.22 Digital Government 14
  • Article   12.23 Digital Identities 14
  • Article   12.24 Artificial Intelligence 14
  • Article   12.25 Digital Inclusion 14
  • Article   12.26 Cooperation 14
  • Article   12.27 Cybersecurity 15
  • Article   12.28 Transparency 15
  • Chapter   13 COMPETITION AND CONSUMER PROTECTION 15
  • Article   13.1 Objectives 15
  • Article   13.2 Scope 15
  • Article   13.3 Anti-Competitive Behaviour 15
  • Article   13.4 Consumer Protection 15
  • Article   13.5 Non-Discrimination 15
  • Article   13.6 Transparency 15
  • Article   13.7 Procedural Fairness 15
  • Article   13.8 Private Rights of Action 15
  • Article   13.9 Cooperation 15
  • Article   13.10 Confidential Information 15
  • Article   13.11 Consultation 15
  • Article   13.12 Contact Point 15
  • Article   13.13 Exemptions and Exclusions 15
  • Article   13.14 Exceptions 15
  • Article   13.15 Non-Application of Dispute Settlement 15
  • Chapter   14 INTELLECTUAL PROPERTY 15
  • Section   A General Provisions 15
  • Article   14.1 Definitions 15
  • Article   14.2 Objectives 15
  • Article   14.3 Understandings In Respect of this Chapter 15
  • Article   14.4 Principles 15
  • Article   14.5 Nature and Scope of Obligations 15
  • Article   14.6 International Agreements 15
  • Article   14.7 Intellectual Property and Public Health 15
  • Article   14.8 National Treatment 16
  • Article   14.9 Transparency 16
  • Article   14.10 Application of Chapter to Existing Subject Matter and Prior Acts 16
  • Article   14.11 Exhaustion of Intellectual Property Rights 16
  • Section   B Cooperation 16
  • Article   14.12 Cooperation Activities and Initiatives 16
  • Section   C Trademarks 16
  • Article   14.13 Types of Signs Registrable as Trademarks 16
  • Article   14.14 Collective and Certification Marks 16
  • Article   14.15 Use of Identical or Similar Signs 16
  • Article   14.16 Exceptions 16
  • Article   14.17 Protection of Trademarks That Predate Geographical Indications 16
  • Article   14.18 Well-Known Trademarks 16
  • Article   14.19 Bad Faith Trademarks (9) 16
  • Article   14.20 One and the Same Application Relating to Several Goods or Services 16
  • Article   14.21 Procedural Aspects of Examination, Opposition and Cancellation 16
  • Article   14.22 Electronic Trademarks System 16
  • Article   14.23 Classification of Goods and Services 16
  • Article   14.24 Term of Protection for Trademarks 16
  • Article   14.25 Non-Recordal of a License 16
  • Section   D Geographical Indications 16
  • Article   14.26 Protection of Geographical Indications 16
  • Article   14.27 Procedures for the Protection of Geographical Indications 16
  • Article   14.28 Date of Protection of a Geographical Indication 16
  • Section   E Patents 16
  • Article   14.29 Patentable Subject Matter 16
  • Article   14.30 Rights Conferred 16
  • Article   14.31 Grace Period 16
  • Article   14.32 18-Month Publication 16
  • Article   14.33 Procedural Aspects of Examination and Registration 16
  • Article   14.34 Amendments, Corrections, and Observations 16
  • Article   14.35 Exceptions 16
  • Article   14.36 Other Use without Authorisation of the Right Holder 16
  • Article   14.37 Experimental Use of a Patent 16
  • Article   14.38 Regulatory Review: Exception 16
  • Article   14.39 Protection of New Varieties of Plants 16
  • Section   F Industrial Designs 16
  • Article   14.40 Industrial Design Protection 16
  • Article   14.41 Procedural Aspects of Examination and Registration 16
  • Article   14.42 Introduction of International Classification System for Industrial Designs 17
  • Article   14.43 Exceptions 17
  • Section   G Copyright and Related Rights 17
  • Article   14.44 Exclusive Rights of Authors, Performers, Producers of Phonograms, and Broadcasting Organisations 17
  • Article   14.45 Term of Protection for Copyright and Related Rights 17
  • Article   14.46 Limitations and Exceptions 17
  • Article   14.47 Contractual Transfers 17
  • Article   14.48 Circumvention of Effective Technological Measures 17
  • Article   14.49 Protection for Electronic Rights Management Information 17
  • Article   14.50 Limitations and Exceptions to Providing Protection and Remedies for Technological Measures and RMI 17
  • Article   14.51 Collective Management Organisations 17
  • Section   H Enforcement 17
  • Article   14.52 General Obligation In Enforcement 17
  • Article   14.53 Border Measures 17
  • Chapter   15 GOVERNMENT PROCUREMENT 17
  • Article   15.1 Objectives 17
  • Article   15.2 Definitions 17
  • Article   15.3 Scope and Coverage 17
  • Article   15.4 Exceptions 17
  • Article   15.5 General Principles 17
  • Article   15.6 Publication of Procurement Information 18
  • Article   15.7 Notices of Intended Procurement 18
  • Article   15.8 Conditions for Participation 18
  • Article   15.9 Qualification of Suppliers 18
  • Article   15.10 Electronic Auctions 18
  • Article   15.11 Limited Tendering 18
  • Article   15.12 Negotiations 18
  • Article   15.13 Technical Specifications 18
  • Article   15.14 Tender Documentation 18
  • Article   15.15 Time Periods 19
  • Article   15.16 Treatment of Tenders and Awarding of Contracts 19
  • Article   15.17 Transparency and Post-Award Information 19
  • Article   15.18 Disclosure of Information 19
  • Article   15.19 Environmental, Social and Labour Considerations 19
  • Article   15.20 Ensuring Integrity In Procurement Practices 19
  • Article   15.21 Domestic Review 19
  • Article   15.22 Modifications and Rectifications to Annex 19
  • Article   15.23 Facilitation of Participation by SMEs 19
  • Article   15.24 Financial Obligations 19
  • Article   15.25 Cooperation 19
  • Article   15.26 Language 19
  • Article   15.27 Further Negotiations 19
  • Article   15.28 Notifications 19
  • Chapter   16 SMALL AND MEDIUM-SIZED ENTERPRISES 19
  • Article   16.1 General Principles 19
  • Article   16.2 Cooperation to Increase Trade and Investment Opportunities for SMEs 19
  • Article   16.3 Information Sharing 20
  • Article   16.4 Non-Application of Dispute Settlement 20
  • Chapter   17 INDIGENOUS PEOPLES TRADE AND INVESTMENT ECONOMIC COOPERATION 20
  • Article   17.1 Objectives and General Provisions 20
  • Article   17.2 First Nations International Instruments 20
  • Article   17.3 International Fora 20
  • Article   17.4 Areas of Cooperation 20
  • Article   17.5 Relation to other Chapters 20
  • Article   17.6 Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions 20
  • Article   17.7 Sustainable Agriculture and Food Systems 20
  • Article   17.8 Digital Inclusion 20
  • Article   17.9 Investment 20
  • Article   17.10 Environment 20
  • Article   17.11 Contact Points 20
  • Article   17.12 Non-Application of Dispute Settlement 20
  • Chapter   18 ENVIRONMENT AND THE TRANSITION TO NET ZERO 20
  • Article   18.1 Definitions 20
  • Article   18.2 Objectives 20
  • Article   18.3 General Provisions 20
  • Article   18.4 Multilateral Environmental Agreements 20
  • Article   18.5 Climate Change 20
  • Article   18.6 Environmental Goods and Services 20
  • Article   18.7 Circular Economy 20
  • Article   18.8 Ozone Depleting Substances and Hydrofluorocarbons 20
  • Article   18.9 Air Quality 21
  • Article   18.10 Pollution 21
  • Article   18.11 Sustainable Water Management 21
  • Article   18.12 Action on Coastal Blue Carbon Ecosystems, Including Mangroves 21
  • Article   18.13 Marine Wild Capture Fisheries 21
  • Article   18.14 Trade and Biodiversity 21
  • Article   18.15 Invasive Alien Species 21
  • Article   18.16 Conservation and Illegal Wildlife Trade 21
  • Article   18.17 Corporate Social Responsibility 21
  • Article   18.18 Cooperation Frameworks 21
  • Article   18.19 Environment Contact Points 21
  • Article   18.20 Non-Application of Dispute Settlement 21
  • Chapter   19 TRADE, GENDER BALANCE AND WOMEN’S ECONOMIC EMPOWERMENT 21
  • Article   19.1 General Principles 21
  • Article   19.2 International Instruments 21
  • Article   19.3 Cooperation 21
  • Article   19.4 Contact Points 21
  • Article   19.5 Non-Application of Dispute Settlement 21
  • Chapter   20 TRADE AND LABOUR 21
  • Article   20.1 Definitions 21
  • Article   20.2 Objectives 21
  • Article   20.3 Statement of Shared Commitments 21
  • Article   20.4 Right to Regulate 21
  • Article   20.5 Labour Rights 21
  • Article   20.6 Non-Derogation 21
  • Article   20.7 Enforcement of Labour Laws 21
  • Article   20.8 Non-discrimination, Equality and Safety In the Workplace 21
  • Article   20.9 Forced or Compulsory Labour 21
  • Article   20.10 Digital Trade and Labour 22
  • Article   20.11 Public Awareness and Procedural Guarantees 22
  • Article   20.12 Corporate Social Responsibility 22
  • Article   20.13 Cooperation 22
  • Article   20.14 Dialogue on Labour 22
  • Article   20.15 Contact Points 22
  • Article   20.16 Non-Application of Dispute Settlement 22
  • Chapter   21 ECONOMIC COOPERATION 22
  • Article   21.1 Objectives 22
  • Article   21.2 Scope 22
  • Article   21.3 Global Value Chains 22
  • Article   21.4 Animal Welfare 22
  • Article   21.5 Organic Goods 22
  • Article   21.6 Cooperative Framework 22
  • Article   21.7 Resources 22
  • Article   21.8 Means of Cooperation 22
  • Article   21.9 Article 21.9 Subcommittee on Economic Cooperation 22
  • Article   21.10 Non-Application of Dispute Settlement 22
  • Chapter   22 TRANSPARENCY AND ANTI-CORRUPTION 22
  • Article   22.1 Publication and Notification and Provision of Information 22
  • Article   22.2 Administrative Proceedings 22
  • Article   22.3 Review and Appeal 22
  • Article   22.4 Anti-Corruption 22
  • Chapter   23 ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS 22
  • Article   23.1 Joint Committee 22
  • Article   23.2 Functions of the Joint Committee 22
  • Article   23.3 Communications 22
  • Chapter   24 GENERAL PROVISIONS AND EXCEPTIONS 22
  • Article   24.1 General Exceptions 22
  • Article   24.2 Security Exceptions 23
  • Article   24.3 Taxation 23
  • Article   24.4 Restrictions to Safeguard the Balance of Payments 23
  • Article   24.5 Disclosure of Information 23
  • Article   24.6 Confidentiality of Information 23
  • Chapter   25 DISPUTE SETTLEMENT 23
  • Article   25.1 Definitions 23
  • Article   25.2 Objective 23
  • Article   25.3 Cooperation 23
  • Article   25.4 Scope of Application 23
  • Article   25.5 Contact Points 23
  • Article   25.6 Consultations 23
  • Article   25.7 Good Offices, Conciliation or Mediation 23
  • Article   25.8 Request for Establishment of a Panel 23
  • Article   25.9 Composition of a Panel 23
  • Article   25.10 Decision on Urgency 23
  • Article   25.11 Requirements for Panellists 23
  • Article   25.12 Functions of the Panel 23
  • Article   25.13 Terms of Reference 23
  • Article   25.14 Rules of Interpretation 23
  • Article   25.15 Procedures of the Panel 23
  • Article   25.16 Receipt of Information 23
  • Article   25.17 Interim Report 23
  • Article   25.18 Final Report 23
  • Article   25.19 Compliance with the Final Report 24
  • Article   25.20 Reasonable Period of Time for Compliance 24
  • Article   25.21 Compliance Review 24
  • Article   25.22 Temporary Remedies In the Event of Non-Compliance 24
  • Article   25.23 Review of Measures Taken to Comply after the Adoption of Temporary Remedies 24
  • Article   25.24 Suspension and Termination of Proceedings 24
  • Article   25.25 Choice of Forum 24
  • Article   25.26 Expenses 24
  • Article   25.27 Mutually Agreed Solution 24
  • Article   25.28 Time Periods 24
  • Annex 25A  RULES OF PROCEDURE FOR THE PANEL 24
  • Annex 25-B  CODE OF CONDUCT FOR PANELLISTS AND OTHERS ENGAGED IN DISPUTE SETTLEMENT PROCEEDINGS UNDER THIS AGREEMENT 25
  • Appendix 25B-a  INITIAL DISCLOSURE STATEMENT 25
  • Chapter   26 FINAL PROVISIONS 25
  • Article   26.1 Annexes, Appendices, Side Letters and Footnotes 25
  • Article   26.2 Amended or Successor International Agreements 25
  • Article   26.3 Amendents 25
  • Article   26.4 Entry Into Force 25
  • Article   26.5 General Review 25
  • Article   26.6 Termination 25
  • Article   26.7 Authentic Text 25