Australia - United Arab Emirates CEPA (2024)
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(a) Convention concerning Forced or Compulsory Labour adopted in Geneva 1930 (C029);

(b) Convention concerning Abolition of Forced Labour adopted in Geneva 1957 (C105);

(c) Convention concerning Minimum Age for Admission to Employment, adopted in Geneva 1973 (C138); and

(d) Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour adopted in Geneva 1999 (C182).

3. To assist in the implementation of paragraph 1, the Parties shall endeavour to cooperate, share information and best practices, and, as appropriate, identify areas of alignment to eliminate forced or compulsory labour.

(1) For greater certainty, nothing in this Article authorises a Party to take initiatives that would be inconsistent with its obligations under other provisions of this Agreement, the WTO Agreement or other international trade agreements.

Article 20.10. Digital Trade and Labour

The Parties recognise the importance of supporting workforce development and respect for labour rights in the digital economy by addressing emerging labour issues including issues arising from workplace surveillance, algorithmic decision-making, and gig work.

Article 20.11. Public Awareness and Procedural Guarantees

1. Each Party shall promote public awareness of its labour laws, including by ensuring that information related to its labour laws and enforcement and compliance procedures required by its laws and regulations are publicly available and accessible.

2. Each Party shall ensure that persons with a recognised interest in a particular matter under its labour laws have appropriate access to impartial and independent tribunals for the enforcement of the Party’s labour laws. Such tribunals may include administrative, quasi-judicial, judicial, or labour tribunals, as provided for in the Party’s laws.

3. Each Party shall ensure that the proceedings of its administrative, quasi-judicial, judicial, or labour tribunals for the enforcement of its labour laws are fair, equitable, inclusive, accountable and transparent.

4. Each Party shall provide that the parties to such proceedings may seek remedies to ensure the enforcement of their rights under its labour laws.

5. For greater certainty, nothing in this Chapter shall be construed as calling for the examination under this Agreement of whether a Party’s court has appropriately applied that Party’s labour laws.

Article 20.12. Corporate Social Responsibility

Each Party shall encourage enterprises to voluntarily adopt corporate social responsibility initiatives on labour issues that have been endorsed or are supported by that Party.

Article 20.13. Cooperation

1. Recognising that cooperation provides opportunities to promote respect for labour rights, the Parties shall cooperate on labour matters of mutual interest and explore ways to further advance labour standards on a bilateral, regional, and multilateral basis.

2. The Parties may cooperate on labour matters of mutual interest and explore ways to further advance labour standards. Cooperative activities may include work on labour laws and practices in the context of the ILO Declaration, and other matters as mutually agreed between the Parties. Cooperative activities may take the form of exchanges of information, joint research activities, visits, or conferences, and other such forms of technical exchange as the Parties may agree.

Article 20.14. Dialogue on Labour

1. The Parties agree to establish a Dialogue on Labour (“the Dialogue”) composed of government representatives from each Party. Meetings of the Dialogue shall take place by agreement of the Parties.

2. The Dialogue may propose to discuss any matter that the Parties consider appropriate to advance labour rights in the Parties’ trade and investment relationship.

3. The Dialogue may engage and facilitate communication with relevant stakeholders and social partners in its consideration of matters relevant to this Chapter.

4. The Dialogue shall report on the progress of its work to the Joint Committee, while seeking to avoid duplication of the Joint Committee’s work.

5. The Dialogue may work with other bodies and subsidiary bodies established under this Agreement to advance the objectives of this Chapter and support the delivery of the cooperative activities described in Article 20.13 (Cooperation), which may include providing advice or recommendations to the Joint Committee as appropriate.

Article 20.15. 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. Each Party shall promptly notify the other Party in the event of any change to its contact point.

Article 20.16. 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 21. ECONOMIC COOPERATION

Article 21.1. Objectives

1. The Parties acknowledge the importance of promoting cooperation under this Agreement for their mutual benefit to further facilitate trade and investment between the Parties and foster economic growth.

2. Cooperation under this Chapter shall be built upon a common understanding between the Parties to support the effectiveness and efficiency of the implementation and utilisation of this Agreement, with the objective of:

(a) maximising the benefits of this Agreement;

(b) supporting pathways to trade and investment facilitation; and

(c) improving openness to contribute to the sustainable and inclusive economic growth and prosperity of the Parties.

Article 21.2. Scope

1. Consistent with Article 21.1 (Objectives), cooperation under this Chapter may initially focus on the following areas:

(a) food security;

(b) agriculture, forestry, and fisheries;

(c) trade and investment promotion;

(d) tourism;

(e) promotion of electronic commerce;

(f) trade and sustainable development;

(g) logistics and international transportation, including maritime, air transport, and ports;

(h) gems and jewellery;

(i) halal-related areas;

(j) scientific research and education;

(k) competition policy;

(l) global value chains (“GVCs”); and

(m) other areas as may be mutually agreed.

2. The Parties acknowledge the provisions to encourage and facilitate economic and technical cooperation contained in other Chapters of this Agreement.

Article 21.3. Global Value Chains

1. The Parties affirm that:

(a) fair and open markets, underpinned by the rules-based multilateral trading system with the WTO at its core, are fundamental to building resilient supply chains; and

(b) the Parties intend to act consistently with their respective obligations under the WTO Agreement.

2. The Parties acknowledge the importance of GVCs as a means to modernise and expand bilateral economic relations between the Parties’ traders and investors.

3. The Parties acknowledge that international trade and investment are engines of economic growth and intend to support their businesses’ internationalisation and insertion into GVCs.

4. The Parties affirm the relevance of SMEs in a countries’ productive structure and their impact on employment. The Parties further affirm that the adequate insertion of SMEs into GVCs will contribute to a better allocation of resources and the economic benefits derived from international trade, including diversification and enhancing of value added in exports.

5. The Parties acknowledge the importance of the participation of the private sector as well as the entrepreneurial community as fundamental actors within GVCs, and the relevance of creating an adequate environment.

6. The Parties recognise the importance of the services sector, especially those services associated to GVCs in trade integration, and their potential for their integration into GVCs.

7. Each Party shall domestically promote public knowledge of its laws, regulations, policies and practices relating to regional integrations and GVCs.

8. The priorities for economic cooperation activities shall be decided by the Parties based on their mutual interests and available resources.

Article 21.4. Animal Welfare

1. Each Party shall endeavour to ensure that its laws, regulations and policies provide for, and encourage, animal welfare and shall endeavour to continue to improve its level of animal welfare protection. This commitment shall not affect the right of each Party to establish its own policies and priorities for the protection of animal welfare and to adopt or modify its laws, regulations and policies in this area.

2. The Parties shall continue to strengthen and build on their existing cooperation and information exchange in the field of animal welfare, including on issues relating to the treatment of farmed animals. To this end, the Parties may work together in relevant international fora on areas of mutual interest related to the welfare of farmed animals.

3. At the request of either Party, the Parties shall meet to discuss any issue relating to animal welfare and any mutual cooperation.

Article 21.5. Organic Goods

Where appropriate, the Parties shall consider arrangements to facilitate trade in organic goods.

Article 21.6. Cooperative Framework

1. Recognising the critical role of the private sector in leveraging the full potential of this Agreement, the Parties shall endeavour to support voluntary collaborative engagement between relevant chambers of commerce, business councils, and similar entities in each Party, with the aim of promoting the Agreement and achieving tangible benefits.

2. This collaborative engagement may include, but is not limited to:

(a) organising seminars and workshops to educate their respective business communities regarding the operational aspects of this Agreement, and to share success stories and challenges;

(b) coordinating joint trade missions and networking events with a focus on establishing partnerships and identifying joint venture opportunities; and

(c) providing support services to assist businesses in both Parties in understanding and utilising the Agreement.

Article 21.7. Resources

1. Resources for economic cooperation under this Chapter shall be provided in a manner as agreed by the Parties and in accordance with their respective laws and regulations.

2. The Parties, on the basis of their mutual benefit, may consider cooperation with external parties, such as international organisations to support the implementation of this Chapter.

Article 21.8. Means of Cooperation

The Parties shall endeavour to encourage technical, technological and scientific economic cooperation, through means which may include, but not be limited to:

(a) supporting organisation of conferences, seminars, workshops, meetings, training sessions and outreach and education programmes;

(b) encouraging exchange of delegations, professionals, technicians and specialists from the academic sector, research institutions, and private sector and governmental agencies, including study visits and internship programmes for professional training;

(c) supporting dialogue and exchange of experiences between the Parties’ private sectors and agencies involved in trade promotion;

(d) supporting joint business initiatives between entrepreneurs of the Parties; and

(e) any other form of cooperation that may be agreed by the Parties.

Article 21.9. Article 21.9 Subcommittee on Economic Cooperation

For the purposes of the effective implementation and operation of this Chapter, the Joint Committee may establish a Subcommittee on Economic Cooperation in accordance with Article 23.2 (Administrative and Institutional Provisions) to undertake functions which may include, but not be limited to:

(a) monitoring and assessing the implementation of this Chapter;

(b) identifying new opportunities and agreeing on new ideas for prospective cooperation or capacity-building activities;

(c) formulating and developing proposals for activities to support this Chapter and its implementation mechanisms;

(d) coordinating, monitoring and reviewing progress of activities under this Chapter and suggesting amendments to activities as relevant;

(e) cooperating with any other subcommittees, working groups or other subsidiary bodies established under this Agreement to perform stocktaking, monitoring, and benchmarking on any issues related to the implementation of this Agreement, as well as to provide feedback and assistance in the implementation and operation of this Chapter; and

(f) reporting to, and if deemed necessary, consulting with, the Joint Committee in relation to the implementation and operation of this Chapter.

Article 21.10. 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 22. TRANSPARENCY AND ANTI-CORRUPTION

Article 22.1. Publication and Notification and Provision of Information

1. Each Party shall promptly publish, or otherwise make publicly available, on the internet where feasible, its laws and regulations, as well as its respective international agreements, which may affect the operation of this Agreement.

2. Upon request of the other Party, a Party shall within a reasonable period of time respond to specific questions and provide information to the other Party on matters referred to in paragraph 1.

3. To the extent possible, each Party shall notify the other Party of any measure that the Party considers might materially affect the operation of this Agreement.

4. Any notification or information provided under this Article shall be without prejudice as to whether the measure in question is consistent with this Agreement.

Article 22.2. Administrative Proceedings

With a view to administering its laws and regulations, with respect to any matter covered by this Agreement in a consistent, impartial, objective, and reasonable manner, each Party, to the extent possible and in accordance with its laws and regulations, shall endeavour to ensure in its administrative proceedings applying such measures to a particular person, good, or service of the other Party in specific cases that:

(a) if possible, persons of the other Party that are directly affected by a proceeding are provided with reasonable notice, in accordance with its domestic procedures, of when a proceeding is initiated, including a description of the nature of the proceeding, a statement of the legal authority under which the proceeding is initiated, and a general description of any issue in question;

(b) if possible, such persons are afforded a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action, when time, the nature of the proceeding and the public interest permit; and

(c) it follows its domestic procedures in accordance with its laws and regulations.

Article 22.3. Review and Appeal

1. Each Party, to the extent permitted by its laws and regulations, shall endeavour to establish or maintain impartial and independent judicial, quasi-judicial, or administrative tribunals or procedures for the purpose of the prompt review and, where warranted, correction of a final administrative action with respect to any matter covered by this Agreement.

2. Paragraph 1 shall not be applied in a manner that is inconsistent with a Party’s laws and regulations, constitutional structure or the nature of its legal system.

Article 22.4. Anti-Corruption

1. The Parties affirm their resolve to prevent and combat corruption, including bribery, in matters affecting international trade or investment. The Parties recognise the need to build integrity within both the public and private sectors and that each sector has complementary responsibilities in this regard.

2. Each Party shall, in accordance with its laws and regulations, adopt or maintain appropriate measures to prevent and combat corruption, including bribery, with respect to any matter covered by this Agreement.

3. In accordance with the fundamental principles of its legal system, each Party shall effectively enforce its measures adopted or maintained to prevent and combat corruption, including bribery.(1)

4. Each Party affirms its commitment under relevant international agreements to which it is a party.

5. The Parties shall not have recourse to dispute settlement under Chapter 25 (Dispute Settlement) for any matter arising under this Article.

(1) For greater certainty, the Parties recognise that individual cases or specific discretionary decisions related to the enforcement of anti-corruption laws are subject to each Party’s laws and regulations.

Chapter 23. ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS

Article 23.1. Joint Committee

1. The Parties hereby establish a Joint Committee, which shall be composed of government representatives of the Parties at the level of Ministers or senior officials.

2. The Joint Committee shall meet within one year from the entry into force of this Agreement. Thereafter, it shall meet every two years unless the Parties agree otherwise.

3. The meetings of the Joint Committee shall take place in the United Arab Emirates or Australia alternately, unless otherwise agreed by the Parties. The Joint Committee, and any subcommittees, working groups or other subsidiary bodies, may meet in person or by other appropriate means of communication, as agreed by the Parties.

4. Special meetings of the Joint Committee may, on request of a Party, also be convened as agreed by the Parties.

5. The Joint Committee shall establish its own rules of working procedures at its first meeting.

Article 23.2. Functions of the Joint Committee

1. The Joint Committee shall:

(a) review and assess the implementation and operation of this Agreement;

(b) consider any matter relating to the implementation or operation of this Agreement;

(c) consider any proposal by either Party to amend or modify this Agreement and recommend any amendments or modifications to this Agreement;

(d) without prejudice to Chapter 25 (Dispute Settlement), endeavour to resolve differences that may arise from the interpretation or application of this Agreement;

(e) supervise, guide and coordinate the work of any subcommittees, working groups and other subsidiary bodies established in accordance with paragraph 2(c), and recommend any necessary action to those subcommittees, working groups or other subsidiary bodies;

(f) as appropriate, issue interpretations of this Agreement;

(g) consistent with the objectives of this Agreement, explore ways to enhance further trade and investment between the Parties and to further the objectives of this Agreement; and

(h) carry out any other function or take any other action as the Parties may agree.

2. The Joint Committee may:

(a) adopt decisions or make recommendations in accordance with this Agreement;

(b) recommend any amendments or modifications to this Agreement;

(c) establish, refer matters to, or consider matters raised by, any subcommittee, working group or other subsidiary body;

(d) restructure, reorganise or dissolve any subcommittee, working group or other subsidiary body established in accordance with paragraph 2(c);

(e) determine the functions of any subcommittee, working group or other subsidiary body established in accordance with paragraph 2(c); and

(f) as it considers appropriate, amend its own rules of working procedures referred to in paragraph 5 of Article 23.1 (Joint Committee).

3. The Joint Committee shall adopt decisions or make recommendations by consensus.

Article 23.3. Communications

1. Each Party shall designate an overall contact point to receive and facilitate official communications between the Parties on any matter relating to this Agreement.

2. Unless otherwise provided in this Agreement, each Party shall notify the other Party in writing of its designated overall contact point no later than 60 days after the date of entry into force of this Agreement. Each Party shall promptly notify the other Party, in writing, of any changes to its overall contact point.

3. A Party’s contact point shall, on request of the other Party, identify the office or official responsible for the relevant matter and assist, as necessary, in facilitating communication with the other Party.

4. All official communications in relation to this Agreement shall be in the English language.

Chapter 24. GENERAL PROVISIONS AND EXCEPTIONS

Article 24.1. General Exceptions

1. For the purposes of Chapter 2 (Trade in Goods), Chapter 3 (Rules of Origin), Chapter 4 (Customs Procedures and Trade Facilitation), Chapter 6 (Sanitary and Phytosanitary Measures), Chapter 8 (Technical Barriers to Trade), Chapter 12 (Digital Trade) and Chapter 13 (Competition and Consumer Protection), Article XX of the GATT 1994 and its interpretative note are incorporated into and form part of this Agreement, mutatis mutandis.

2. For the purposes of Chapter 9 (Trade in Services), Chapter 12 (Digital Trade), and Chapter 13 (Competition and Consumer Protection), Article XIV of the GATS, including its footnotes, is incorporated into and forms part of this Agreement, mutatis mutandis.

  • 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