Australia - United Arab Emirates CEPA (2024)
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1. The Parties acknowledge that trade involving production, consumption, and transportation of goods across air, sea and land can cause air pollution and that air pollution can travel long distances. To this end, the Parties recognise that bilateral cooperation can be beneficial in reducing such air pollution.

2. The Parties recognise the importance of public consultation, in accordance with their respective laws or policies, in the identification, development and implementation of measures to improve air quality.

3. In accordance with Article 18.18 (Cooperation Frameworks) the Parties shall cooperate, as appropriate, to address trade-related matters of mutual interest with respect to air quality.

Article 18.10. Pollution

1. The Parties emphasise the importance of protecting human health and the environment from pollution. To that end, the Parties affirm their commitment to the International Convention for the Prevention of Pollution from Ships (“MARPOL Convention”), and any existing and future amendments to the MARPOL Convention to which the Parties are party, and to prevent and reduce plastic pollution and marine litter.

2. In recognition of the global nature of this challenge, the Parties recognise United Nations Environment Assembly Resolution 5/14 entitled “End plastic pollution: Towards an international legally binding instrument” adopted on 2 March 2022, and other relevant international agreements to which the Parties are signatories.

3. The Parties also acknowledge the importance of establishing and maintaining environmental laws and policies to prevent, control and reduce plastic pollution and marine litter.

4. The Parties also recognise the importance of public consultation, in accordance with their respective laws or policies, in the development and implementation of measures to prevent the pollution of the marine environment from ships. The Parties aim to make publicly available appropriate information about their programmes and activities, including cooperative programmes, that are related to the prevention of pollution of the marine environment from ships.

5. In accordance with Article 18.18 (Cooperation Frameworks), the Parties shall cooperate, as appropriate, to address trade-related matters of mutual interest with respect to combatting plastic pollution, marine litter and pollution of the marine environment from ships.

Article 18.11. Sustainable Water Management

1. The Parties recognise the crucial role of water in climate change adaptation and mitigation and that sustainable water management is essential for efforts towards climate resilience, social well-being and the transition to green economies.

2. The Parties shall cooperate on efforts to develop and implement water-related climate solutions, such as addressing water pollution, improving wastewater management and treatment, enhancing circular systems of reusing and recycling water, water efficiency and sustainability as well as strengthening water governance and water resources management, protecting and restoring water- associated ecosystems, and encouraging investment in sustainable water- related infrastructure.

Article 18.12. Action on Coastal Blue Carbon Ecosystems, Including Mangroves

1. The Parties recognise the importance of coastal wetlands or ‘blue carbon ecosystems’ – including mangroves, tidal marshes and seagrass – for climate change mitigation and adaptation, protection of biodiversity, including threatened species, disaster risk reduction and the livelihoods of coastal communities.

2. The Parties also recognise the importance of robust methodologies for measuring, reporting on, verification of, and managing blue carbon stocks.

3. The Parties affirm their commitment to the International Partnership for Blue Carbon and the Mangrove Alliance for Climate.

4. The Parties shall endeavour to conserve and restore blue carbon ecosystems, including through consideration of nature-based solutions for mitigation of and adaptation to climate change, improving biodiversity and by drawing on traditional and Indigenous knowledge.

5. The Parties shall cooperate, as appropriate, in knowledge and best practice sharing to strengthen protection and restoration of blue carbon ecosystems, as well as by collaboration and capacity building through existing initiatives.

Article 18.13. Marine Wild Capture Fisheries

1. The Parties acknowledge their role as major consumers, producers and traders of fisheries products, and the importance of the marine fisheries sector to their development and to the livelihoods of their fishing communities, including artisanal or small-scale fisheries. The Parties also acknowledge that the fate of marine capture fisheries is an urgent resource problem facing the international community. Accordingly, the Parties recognise the importance of taking measures aimed at the conservation and the sustainable management of fisheries.

2. In this regard, the Parties acknowledge that inadequate fisheries management, fisheries subsidies that contribute to overfishing and overcapacity, and illegal, unreported, and unregulated (“IUU”) fishing (2) can have significant negative impacts on trade, development and the environment, and recognise the need for individual and collective action to address the problems of overfishing and unsustainable utilisation of fisheries resources.

3. The Parties shall endeavour to operate a fisheries management system, including among others those with a national or regional focus, that regulates marine wild capture fishing that is designed to:

(a) prevent overfishing and overcapacity;

(b) reduce bycatch of non-target species and juveniles, including those that may be endangered, through but not limited to the regulation of fishing gear that results in bycatch and the regulation of fishing in areas where bycatch is likely to occur; and

(c) promote the recovery of overfished stocks for all marine fisheries in which that Party’s persons conduct fishing activities.

Such fisheries management systems shall be based on the best scientific evidence available and on internationally recognised best practices for fisheries management and conservation as reflected in the relevant provisions of international instruments aimed at ensuring the sustainable use and conservation of marine species. (3)

5. Each Party shall endeavour to promote the long-term conservation of sharks, marine turtles, seabirds and marine mammals, including migratory species, through the implementation and effective enforcement of conservation and management measures. Those measures may include, as appropriate:

(a) for sharks, the collection of species-specific data, fisheries bycatch mitigation measures, catch limits, and finning prohibitions; and

(b) for marine turtles, seabirds, and marine mammals, fisheries bycatch mitigation measures, conservation and relevant management measures, prohibitions, and other measures in accordance with relevant international agreements to which the Party is party.

5. With respect to fisheries subsidies, the Parties affirm the provisions of the WTO Agreement on Fisheries Subsidies, and any amendments thereto, set out in the Annex to the Protocol amending the Marrakesh Agreement Establishing the WTO attached to Ministerial Decision of 17 June 2022 (“Fisheries Subsidies Agreement”).

6. For greater certainty, the affirmation made in paragraph 5 is without regard to whether the Fisheries Subsidies Agreement is in effect.

7. The Parties recognise the importance of concerted international action to address IUU fishing as reflected in regional and international instruments (4) and shall endeavour to support efforts to combat IUU fishing practices and help deter trade in products from species harvested from those practices. In this regard, the Parties shall endeavour to cooperate, as appropriate, including with and through competent international organisations.

8. Each Party shall endeavour, to the extent possible, provide the other Party with the opportunity to comment on proposed measures that are designed to prevent trade in fisheries products that result from IUU fishing.

(2) The term “illegal, unreported and unregulated fishing” is to be understood to have the same meaning as paragraph 3 of the International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (“2001 IUU Fishing Plan of Action”) of the UN Food and Agricultural Organisation, adopted at Rome in 2001.
(3) These instruments include, among others, and as they may apply, United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982 (“UNCLOS”), the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, done at New York on 4 December 1995.
(4) Regional and international instruments include, among others, and as they may apply, the 2001 IUU Fishing Plan of Action and the 2005 Rome Declaration on IUU Fishing adopted in Rome on 12 March 2005, as well as instruments establishing and adopted by Regional Fisheries Management Organisations.

Article 18.14. Trade and Biodiversity

1. The Parties recognise the importance of conservation and sustainable use of biodiversity, including marine biodiversity, and their key roles in achieving sustainable development.

2. Accordingly, each Party shall promote and encourage the conservation and sustainable use of biological diversity, in accordance with its law and policy.

3. The Parties recognise the impact of international trade on the health of the world’s ocean and shall endeavour to sustainably manage 100% of the ocean area within their national waters, guided by Sustainable Ocean Plans, in accordance with the High-Level Panel for a Sustainable Ocean Economy.

4. The Parties affirm their commitment to the Convention on Biological Diversity done at Rio de Janeiro on 05 June 1992 by implementing the Kunming-Montreal Global Biodiversity Framework, done at Montreal on 19 December 2022.

5. The Parties recognise the internationally legally binding instrument, the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction done at New York on 19 June 2023 (the “BBNJ Agreement”), as a milestone for the protection of the world’s ocean and an important addition to the global rules-based order.

6. The Parties recognise the BBNJ Agreement will play an important role in achieving the Kunming-Montreal Global Biodiversity Framework target to protect 30 per cent of marine and coastal areas by 2030 by providing a mechanism for establishing marine protected areas in areas beyond national jurisdiction.

7. The Parties recognise the importance of facilitating access to genetic resources within their respective domestic jurisdictions, consistent with each Party’s international obligations. The Parties further recognise that they may require, through domestic measures, prior informed consent to access those genetic resources in accordance with their respective domestic measures and, where such access is granted, the establishment of mutually agreed terms, including with respect to sharing of benefits from the use of those genetic resources between users and providers.

8. The Parties also recognise the importance of public participation and consultation, in accordance with their respective law and policy, in the development and implementation of measures concerning the conservation and sustainable use of biological diversity. The Parties aim to make publicly available information, as appropriate, about their programmes and activities, including cooperative programmes, related to the conservation and sustainable use of biological diversity.

9. In accordance with Article 18.18 (Cooperation Frameworks), the Parties shall cooperate, as appropriate, on trade-related matters of mutual interest.

Cooperation may include exchanging information and experiences in areas related to:

(a) monitoring the conservation and sustainable use of biodiversity;

(b) the protection and maintenance of ecosystems and ecosystem services, including marine ecosystems;

(c) embedding biodiversity considerations into policies, strategies, and practices of public and private actors in relevant sectors; and

(d) safeguarding wild and managed pollinators, and promoting the sustainable use of pollination services.

Article 18.15. Invasive Alien Species

1. The Parties recognise that the movement of terrestrial and aquatic invasive alien species across borders through pathways, including trade-related pathways, can adversely affect the environment, economic activities and development, and plant, animal, and human health. The Parties also recognise that the prevention, surveillance, detection, control, and, when possible, eradication, of invasive alien species are critical strategies for managing those adverse impacts.

2. Accordingly, the Parties shall endeavour to identify cooperative opportunities to share information and management experiences on the movement, prevention, detection, control, and eradication of invasive alien species, with a view to enhancing efforts to assess and address the risks and adverse impacts of invasive alien species.

Article 18.16. Conservation and Illegal Wildlife Trade

1. The Parties affirm the importance of combating the illegal take (5) of, and illegal trade in, wild fauna and flora, and acknowledge that this trade undermines efforts to conserve and sustainably manage those natural resources, has social consequences, distorts legal trade in wild fauna and flora, and reduces the economic and environmental value of these natural resources.

2. Accordingly, the Parties affirm their commitment to the Convention on International Trade in Endangered Species of Wild Fauna and Flora done at Washington D.C. on 3 March 1973 (“CITES”). (6)

3. The Parties agree to promote conservation and to combat the illegal take of, and illegal trade in, wild fauna and flora. To that end, the Parties shall endeavour to, consistent with their respective laws and regulations and in accordance with international agreements to which the Parties are party:

(a) combat and prevent the illegal take of, and illegal trade, in wild fauna and flora, including combating illegal logging and associated illegal trade, and promoting the legal trade in associated products;

(b) identify opportunities to enhance law enforcement, for example by creating and participating in law enforcement networks, exchanging information and experiences, and undertaking, as appropriate, joint activities on conservation issues of mutual interest, including through relevant regional and international fora; and

(c) to implement, as appropriate, CITES resolutions that aim to protect and conserve species whose survival is threatened by international trade.

4. Each Party shall endeavour to:

(a) take appropriate measures to protect and conserve wild fauna and flora that it has identified to be at risk within its territory, including measures to conserve the ecological integrity of specially protected natural areas, for example wetlands among others; and

(b) maintain or strengthen government capacity and institutional frameworks to promote sustainable forest management and wild fauna and flora conservation, and may promote public participation and transparency in these institutional frameworks.

(5) The term “take” here means captured, killed, or collected and, with respect to a plant, also means harvested, cut, logged or removed.
(6) For the purposes of this Article, a Party’s CITES obligations include existing and future amendments to which it is a Party and any existing and future reservations, exemptions, and exceptions applicable to it.

Article 18.17. Corporate Social Responsibility

Each Party shall endeavour to encourage enterprises operating within its territory or jurisdiction, to voluntarily adopt, into their policies and practices, principles of corporate social responsibility that are related to the environment, consistent with internationally recognised standards and guidelines that have been endorsed or are supported by that Party.

Article 18.18. Cooperation Frameworks

1. The Parties recognise the importance of cooperation as a mechanism to implement this Chapter, to enhance its benefits and to strengthen the Parties’ joint and individual capacities to protect the environment and to promote sustainable development and green growth as they strengthen their trade and investment relations while transitioning to greener economies.

2. Accordingly, the Parties shall cooperate, as appropriate, on the matters identified in this Chapter, or any other matter as mutually agreed. Such cooperation may take place bilaterally.

3. The Parties may:

(a) share their priorities for cooperation, including the objectives of that cooperation;

(b) propose cooperation activities related to the implementation of this Chapter, including relevant discussions of their transition to net zero; and

(c) develop and participate in cooperation activities and programmes as agreed.

4. Cooperation may be undertaken through various means including

(a) dialogues, workshops, seminars, conferences, collaborative programmes, and projects;

(b) technical assistance to promote and facilitate cooperation and training, the sharing of information, data, and evidence based practices on policies and procedures; and

(c) the exchange of experts.

5. The Parties may promote public participation in the development and implementation of cooperative activities, as appropriate.

6. All cooperative activities under this Chapter are subject to the availability of funds and of human and other resources, and to the applicable laws and regulations of the Parties.

Article 18.19. Environment Contact Points

Each Party shall designate and notify a contact point from its relevant authorities within 90 days of this Agreement's entry into force to facilitate communication between the Parties in implementing this Chapter. Each Party shall promptly notify the other Party in the event of any change to its contact point.

Article 18.20. 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 19. TRADE, GENDER BALANCE AND WOMEN’S ECONOMIC EMPOWERMENT

Article 19.1. General Principles

1. The Parties acknowledge the importance of women’s economic empowerment to sustainable, inclusive and equitable trade and investment.

2. The Parties acknowledge that ensuring women’s full and equal participation and leadership in the economy, including in the labour market, and their entrepreneurship underpin economic prosperity, and the wellbeing of societies.

3. The Parties shall endeavour to integrate women’s economic empowerment in their trade and investment relationship, including through, inter alia:

(a) incorporating women’s economic empowerment into trade and investment related policies;

(b) adopting, implementing and monitoring laws, regulations, policies and practices and making them publicly available, that advance women’s economic empowerment in trade and investment;

(c) identifying and removing barriers that limit opportunities for women to participate in and benefit from trade and investment;

(d) supporting inclusive and equitable access for women to trade and investment opportunities;

(e) sharing information, tools and experiences in designing, implementing, resourcing and strengthening policies, programmes and other initiatives to advance women’s empowerment in trade and investment; and

(f) promoting women’s empowerment and non-discrimination in employment and income opportunities, including addressing gender pay gaps and safety in workplaces.

4. The Parties recognise their obligation to enforce their laws and regulations on non-discrimination and women’s empowerment. Furthermore, the Parties recognise that it is inappropriate to encourage trade and investment by weakening or reducing the protection thereof afforded in their respective laws and regulations.

5. Nothing in this Chapter shall be construed to preclude a Party from applying measures that it considers necessary to meet its international obligations to respect, protect, fulfil and promote human rights.

Article 19.2. International Instruments

1. The Parties affirm their commitments under the Convention on the Elimination of All Forms of Discrimination against Women done at New York City on 18 December 1979.

2. The Parties affirm the objectives of the Joint Declaration on Trade and Women’s Economic Empowerment done at Buenos Aires on 12 December 2017.

3. The Parties recognise that advancing women’s empowerment contributes to inclusive and equitable trade, in accordance with Sustainable Development Goal 5 of the United Nations 2030 Agenda on Sustainable Development adopted by the UN General Assembly Resolution 70/1 on 25 September 2015, and the 1995 Beijing Declaration and Platform for Action adopted at the Fourth World Conference on Women on 15 September 1995.

4. The Parties also acknowledge their women’s empowerment commitments applicable to trade and investment under other relevant international agreements or instruments to which the Parties are party.

Article 19.3. Cooperation

1. The Parties shall undertake cooperation activities that advance women’s economic empowerment in trade and investment, including support for women workers, business owners and entrepreneurs to access the full benefits and opportunities created by this Agreement.

2. Cooperation activities may take the form of, but are not limited to, exchange of information and best practices, technical discussions, joint research activities, trade missions, visits, or conferences, cooperation in multilateral forums and such other forms as the Parties may agree.

3. All cooperation activities under this Chapter are subject to the availability of resources, and in accordance with laws and regulations of the Parties.

Article 19.4. Contact Points

Each Party shall designate a contact point to facilitate communication and the exchange of information on matters arising under this Chapter within 90 days of the date of entry into force of this Agreement in order to facilitate communication between the Parties. Each Party shall promptly notify the other Party in the event of any change to its contact point.

Article 19.5. 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 20. TRADE AND LABOUR

Article 20.1. Definitions

For the purposes of this Chapter:

ILO means the International Labour Organization;

ILO Declaration means the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up done at Geneva on 18 June 1998 and as amended in 2022;

labour rights means:

(a) the fundamental rights set out in the ILO Declaration; and

(b) acceptable conditions of work with respect to wages and hours of work, including any requirements to provide wage-related benefit payments to, or on behalf of, workers, as per a Party’s domestic regulations, such as those for profit sharing, bonuses, retirement, and healthcare, as established by a Party in its laws, regulations, and practices thereunder, of acceptable conditions of work as determined by that Party;

labour laws mean laws and regulations, or provisions of laws and regulations, of a Party that are directly related to labour rights;

laws and regulations or laws or regulations mean:

(a) for Australia, an Act of the Commonwealth Parliament or a regulation made by the Governor-General in Council under delegated authority under an Act of the Commonwealth Parliament, which is enforceable at the central level of government; and

(b) for the United Arab Emirates, a Decree-Law, Law or Decree issued by the President of the State, the Cabinet, or the competent Ministries which is enforceable at the Federal level.

Article 20.2. Objectives

The objectives of this Chapter are to:

(a) promote trade and labour laws and regulations in a way that is conducive to full and productive employment and decent work for all;

(b) promote cooperation and dialogue between the Parties on trade and labour;

(c) enhance the capacities of the Parties to address labour issues; and

(d) promote a stable and productive labour environment in a manner that supports productivity and business investment and contributes to the sustainable economic development in both countries.

Article 20.3. Statement of Shared Commitments

1. As members of the ILO, the Parties affirm their commitment to respect and advance labour rights, including those stated in the ILO Declaration, within their territories.

2. The Parties recognise that, as stated in paragraph 5 of the ILO Declaration, labour standards should not be used for protectionist trade purposes.

Article 20.4. Right to Regulate

1. Each Party recognises the sovereign right of the other Party to establish its own levels of domestic labour protection and its own priorities on labour, and to establish, adopt or modify its labour laws and policies accordingly, in a manner consistent with its international labour commitments referred to in this Chapter.

2. Each Party shall endeavour to ensure that its labour laws and policies provide for and encourage high levels of labour protection and shall strive to continue to improve such laws and policies with the goal of providing protection for labour rights.

Article 20.5. Labour Rights

The Parties, in accordance with their laws and regulations, and their obligations as members of the ILO and the ILO Declaration, shall endeavour to adopt and maintain labour rights.

Article 20.6. Non-Derogation

The Parties recognise that it is inappropriate to encourage trade and investment by weakening or reducing the protections afforded in their respective labour laws.

Article 20.7. Enforcement of Labour Laws

1. Neither Party shall fail to enforce its labour laws through a sustained or recurring course of action or inaction in a manner affecting trade or investment between the Parties after the date of entry into force of this Agreement.

2. Each Party retains the right to exercise reasonable enforcement discretion and to make bona fide decisions with regard to the allocation of enforcement resources between labour enforcement activities among the labour rights, provided that the exercise of that discretion, and those decisions, are not inconsistent with its obligations under this Chapter.

Article 20.8. Non-discrimination, Equality and Safety In the Workplace

1. The Parties acknowledge the importance of equality and non-discrimination in employment, entrepreneurship and income opportunities for sustainable, equitable, and inclusive economic growth.

2. Each Party affirms its commitments to non-discrimination in employment, occupations and places of work on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, and to take measures to advance anti-discrimination practices and eliminate any and all discriminatory practices, including in relation to working arrangements, opportunities and pay or salary.

3. The Parties agree to share information on their respective domestic approaches and to cooperate, as appropriate, on activities to address discriminatory practices, promote equality of opportunity and safety in employment, and to ensure decent work and improve access to the benefits of trade or investment for all.

4. Each Party recognises the importance of eliminating violence and harassment from the world of work and shall endeavour to investigate and address violence or threats to violence in the workplace.

Article 20.9. Forced or Compulsory Labour

1. Each Party recognises the goal of eliminating all forms of forced or compulsory labour, including forced or compulsory child labour. Taking into consideration, consistent with paragraph 2 of the ILO Declaration, that the Parties have assumed obligations in this regard in their membership to the ILO, each Party shall also discourage, through initiatives it considers appropriate, the importation of goods from other sources produced in whole or in part by forced or compulsory labour, including forced or compulsory child labour. (1)

2. Each Party affirms their commitments to respect, promote and realise the ILO fundamental conventions that aim to progress the effective abolition of child labour, particularly:

  • 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