Australia - United Arab Emirates CEPA (2024)
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(e) takes into account, as appropriate, standards, recommendations, models and methods developed by various international organisations such as the WCO, United Nations Centre for Trade Facilitation and Electronic Business, and the WTO.

Article 4.7. Advance Rulings

1. Each Party shall issue, prior to the importation of a good of the other Party into its territory, a written advance ruling at the written request of an importer in its territory, or an exporter or producer in the territory of the other Party, each an “applicant”, with regard to:

(a) tariff classification;

(b) questions arising from the application of the principles of the Customs Valuation Agreement;

(c) whether a good is originating in accordance with Chapter 3 (Rules of Origin); and

(d) other matters as the Party may decide.

2. Each Party shall issue an advance ruling as expeditiously as possible and in accordance with their procedures of advance ruling after it receives a request, provided that the applicant has submitted all the information that the receiving Party requires to make the advance ruling. This includes a sample of the good for which the applicant is seeking an advance ruling if requested by the receiving Party. In issuing an advance ruling, the Party shall take into account the facts and circumstances that the applicant has provided.

3. For greater certainty, a Party may decline to issue an advance ruling if the facts and circumstances forming the basis of the advance ruling are the subject of administrative or judicial review or where the application is not based on factual information, or does not relate to an intention to import or export. A Party that declines to issue an advance ruling shall promptly notify the applicant in writing, setting out the relevant facts and circumstances and the basis for its decision to decline to issue the advance ruling.

4. Each Party shall provide that its advance rulings shall take effect on the date that they are issued or on another date specified in the advance ruling, and remain in effect in accordance with their procedures of advance ruling, provided that the law, facts and circumstances on which the advance ruling is based remain unchanged.

5. After issuing an advance ruling, a Party may modify or revoke the advance ruling if there is a change in the law, facts or circumstances on which the advance ruling was based, if the advance ruling was based on inaccurate or false information, if the advance ruling was in error, if conflicting advance rulings have been issued for goods of the same class or kind, if the advance ruling has been reviewed internally, or if the importing customs authority changes its interpretation of the law.

6. If a Party revokes or modifies an advance ruling, it shall provide written notice to the applicant setting out the relevant facts and the basis for its decision.

7. A Party shall not apply a revocation or modification retroactively to the detriment of the applicant, unless the advance ruling was based on incomplete, incorrect, inaccurate, false, or misleading information provided by the applicant.

8. Subject to its laws and regulations, including any confidentiality requirements, a Party may publish its advance rulings, including online.

9. Each Party shall publish its advance ruling procedures online, and will include at least:

(a) the requirements for the application for an advance ruling, including the information to be provided and the format;

(b) the time period by which it will issue an advance ruling; and

(c) the length of time for which the advance ruling is valid.

10. An advance ruling issued by a Party shall be binding on that Party in respect of the applicant that sought it and on the applicant.

11. Each Party shall provide, upon written request of an applicant, a review of the advance ruling or of the decision to revoke or modify it.

12. Notwithstanding paragraph 10, the issuing Party may postpone the effective date of the modification or revocation of an advance ruling for a reasonable period of time and in accordance with its procedures on advance rulings, if the person to whom the advance ruling was issued demonstrates that they have relied in good faith to their detriment on that ruling.

Article 4.8. Penalties

1. Each Party shall maintain measures that allow for the imposition of criminal, civil or administrative penalties, whether solely or in combination, for violations of the Party’s customs laws, regulations or procedural requirements.

2. Each Party shall ensure that penalties issued for a breach of a customs law, regulations or procedural requirements are imposed only on the persons responsible for the breach under its laws.

3. Each Party shall ensure that the penalty imposed by its Customs Administration is dependent on the facts and circumstances of the case and is commensurate with the degree and severity of the breach.

4. Each Party shall ensure that it maintains measures to avoid conflicts of interest in the assessment and collection of penalties and duties. No portion of the remuneration of a government official shall be calculated as a fixed portion or percentage of any penalties or duties assessed or collected.

5. Each Party shall ensure that if a penalty is imposed by its Customs Administration for a breach of a customs law, regulation or procedural requirement, an explanation in writing is provided to the persons upon whom the penalty is imposed specifying the nature of the breach, including the law, regulation or procedure concerned and the basis for determining the penalty amount, if not set forth specifically in a law, regulation or procedure.

Article 4.9. Release of Goods

1. Each Party shall adopt or maintain procedures for the efficient release of goods (1) in order to facilitate trade.

2. Pursuant to paragraph 1, each Party shall adopt or maintain procedures that:

(a) provide for the rapid release of goods (2) upon receipt of the customs declaration and fulfilment of all applicable requirements and procedures;

(b) allow for the electronic submission and processing of customs documentation and data, including manifests and cargo reports, prior to the arrival of the goods in order to expedite the release of low-risk goods from customs control upon arrival;

(c) allow goods to be released at the point of arrival without requiring temporary transfer to warehouses or other facilities; and

(d) if a Party does not promptly release goods it shall inform (3) the importer, to the extent practical and permitted by its law, regulations, or law enforcement measures, the reasons why the goods are not released or which border agency, if not the Customs Administration, has withheld release of the goods.

3. Nothing in this Article requires a Party to release a good if its requirements for release have not been met nor prevents a Party from enforcing or liquidating a guarantee in the form of surety, a deposit, or other appropriate instrument provided for in its laws and regulations.

4. Each Party may allow, to the extent practicable and in accordance with its customs laws, goods intended for import to be moved within its territory under customs control from the point of entry into the Party’s territory to another customs office in its territory from where the goods are intended to be released, provided the applicable regulatory requirements are met.

(1) For the purposes of this Article, release of goods means the action by a Party to permit goods undergoing clearance to be placed at the disposal of the trader.
(2) For greater certainty, the rapid release of goods is to be provided within a period no greater than that required to ensure compliance with its customs laws.
(3) For greater certainty, the importer may be informed through a Party’s electronic systems by being required to log in and navigate to the appropriate page or location within that system.

Article 4.10. Perishable Goods

1. With a view to preventing avoidable loss or deterioration of perishable goods, and provided that all regulatory requirements have been met, each Party shall provide for the release of perishable goods from customs control:

(a) under normal circumstances, in the shortest possible time after the arrival of the goods and submission of the information required for release; and

(b) in exceptional circumstances where it would be appropriate to do so, provide for the release of perishable goods outside the business hours of customs and other relevant authorities.

2. Each Party shall give appropriate priority to perishable goods when scheduling any physical examinations or inspections that may be required.

3. Each Party shall either arrange, or allow an importer to arrange, for the proper storage of perishable goods pending their release. Each Party may require that any storage facilities arranged by the importer have been approved or designated by its relevant authorities. The movement of the goods to those storage facilities, including authorisations for the operator moving the goods, may be subject to the approval, if required, of the relevant authorities. Each Party shall, where practicable and consistent with its legislation, upon the request of the importer, provide for any procedures necessary for release to take place at those storage facilities.

Article 4.11. Authorised Economic Operators

1. Each Party shall establish or maintain a national Authorised Economic Operator (AEO) programme which recognises an operator involved in the international movement of goods in whatever function that has been approved by the Customs Administration as complying with the WCO SAFE Framework of Standards.

2. Each Party shall publish its AEO programme requirements, including criteria for qualification, in accordance with Article 4.4 (Publication and Availability of Information).

3. The criteria for qualification as an AEO shall not be designed or applied so as to afford or create arbitrary or unjustifiable discrimination between operators where the same conditions prevail and shall allow the participation of SMEs.

4. The Customs Administrations of the Parties are encouraged to share their best practices on their AEO programmes and may endeavour to further strengthen their cooperation on this matter through bilaterally agreed initiatives or arrangements.

Article 4.12. Border Agency Cooperation

Each Party shall ensure that its authorities and agencies responsible for border controls and procedures dealing with the importation, exportation, and transit of goods cooperate with one another and coordinate their activities in order to facilitate trade.

Article 4.13. Expedited Shipments

1. Each Party shall adopt or maintain expedited customs procedures for goods entered through air cargo facilities while maintaining appropriate customs control and selection. (4) These procedures shall:

(a) provide for information necessary to release an expedited shipment to be submitted and processed before the shipment arrives;

(b) allow a single submission of information covering all goods contained in an express shipment, such as a manifest or cargo report through, if possible, electronic means; (5)

(c) to the extent possible, provide for the release of certain goods with a minimum of documentation;

(d) under normal circumstances, provide for expedited shipments to be released as soon as possible after submission of the necessary documents for release, provided the shipment has arrived;

(e) apply to shipments of any weight or value recognising that a Party may require formal entry procedures as a condition for release, including declaration and supporting documentation and payment of customs duties, based on the good’s weight or value; and

(f) provide that, under normal circumstances, no customs duties will be assessed on express shipments valued at or below a fixed amount set under the Party’s law. (6)

(4) In cases where a Party has an existing procedure that provides the treatment in Article 4.13, this provision does not require that Party to introduce separate expedited release procedures.
(5) Additional documents may be required as a condition for release.
(6) Notwithstanding this Article, a Party may assess customs duties, or may require formal entry documents, for restricted or controlled goods, such as goods subject to import licensing or similar requirements.

Article 4.14. Review and Appeal

1. Each Party shall ensure that any person to whom it issues a determination on a customs matter has access to:

(a) at least one level of administrative review of determinations by its Customs Administration independent (7) of either the official or office responsible for the decision under review; and

(b) a judicial appeal or review of the decision.

2. Each Party shall ensure that its procedures for appeal and review are carried out in a non-discriminatory and timely manner.

3. Each Party shall ensure than an authority conducting a review or appeal under paragraph 1 notifies the person in writing of its determination or decision in the review or appeal, and the reasons for the determination or decision.

(7) The level of administrative review for the UAE may include the competent authority supervising the Customs Administration.

Article 4.15. Customs Cooperation

1. The Customs Administrations of the Parties shall cooperate in order to ensure the implementation and operation of the provisions of this Agreement that pertain to customs matters and to secure and facilitate lawful trade.

2. The Customs Administrations shall, for the purposes of applying customs laws and to give effect to the provisions of this agreement, endeavour to:

(a) cooperate and assist each other in the prevention and investigation of offences against their customs laws;

(b) upon request, provide information to each other to be used in the enforcement of customs laws;

(c) cooperate in the research, development and application of new customs procedures;

(d) cooperate in the training and exchange of personnel;

(e) cooperate in sharing of best practices; and

(f) cooperate in and in other matters of mutual interest as determined by the Parties.

3. Assistance under this Chapter shall be provided in accordance with the laws, regulations and customs procedures of the requested party and subject to the availability of resources.

4. The Parties shall exchange details of their official contact points with a view to facilitating the effective implementation of this Chapter.

5. The Customs Administrations of the Parties may endeavour to further strengthen their cooperation through bilaterally agreed initiatives or arrangements.

Article 4.16. Confidentiality

1. Nothing in this Agreement shall be construed to require a Party to furnish or allow access to confidential information related to customs matters, the disclosure of which would impede law enforcement, or otherwise be contrary to the public interest, or which would prejudice the legitimate commercial interests of particular enterprises, public or private. Any information received under this Agreement shall be treated as confidential.

2. Each Party shall maintain, in accordance with its laws, the confidentiality of information obtained pursuant to this Chapter and shall protect that information from disclosure that could prejudice the competitive position of the persons providing the information.

Chapter 5. TRADE REMEDIES

Article 5.1. Scope

1. With respect to the UAE, this Chapter shall apply to investigations and measures taken at the central level of government.

2. With respect to Australia, this Chapter shall apply to investigations and measures taken at the central level of government.

Article 5.2. Anti-Dumping and Countervailing Measures

1. Except as provided for in this Article, nothing in this Agreement affects the rights and obligations of the Parties under Article VI of the GATT 1994, the SCM Agreement or the Anti-Dumping Agreement.

2. When the investigating authority of a Party receives a properly documented anti- dumping application by or on behalf of its domestic industry for the initiation of an anti-dumping investigation in respect of a product from the other Party, that Party shall notify the other Party of the application as far as possible in advance of the initiation of such investigation and by no later than seven days before the date of initiation of the investigation.

Article 5.3. Global Safeguard Measures

1. Except as provided for in this Article, nothing in this Agreement affects the rights and obligations of the Parties under Article XIX of the GATT 1994 and the Safeguards Agreement.

2. A Party that initiates a safeguard investigation shall notify the other Party of such initiation by sending an electronic copy of the notification to the other Party, provided that the average value of imports of goods under investigation from the other Party for the most recent three-year period for which data is available places the other Party within the importing Party’s top five sources of imports.

Article 5.4. Cooperation

The Parties shall endeavour to encourage cooperation between the relevant authorities of each Party, with a view to enhancing each Party’s understanding of the other Party’s trade remedies laws, policies and practices.

Article 5.5. Contact Points

1. Each Party shall designate a contact point to facilitate communication and the exchange of information on matters covered by this Chapter and promptly notify the other Party no later than 60 days after the entry into force of this Agreement.

2. Each Party shall keep the information on contact points up to date by promptly informing the other Party of any change.

Article 5.6. 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 6. SANITARY AND PHYTOSANITARY MEASURES

Article 6.1. Definitions

1. The definitions in Annex A of the SPS Agreement are incorporated into and made part of this Chapter, mutatis mutandis.

2. In addition, for the purposes of this Chapter:

competent authority means a government body of each Party responsible for measures and matters referred to in this Chapter;

emergency measure means a sanitary or phytosanitary measure that is applied by the importing Party to a good of the exporting Party to address an urgent problem of human, animal, or plant life or health protection that arises or threatens to arise in the importing Party; and

WTO SPS Committee means the WTO Committee on Sanitary and Phytosanitary Measures.

Article 6.2. Objectives

1. The objectives of this Chapter are to:

(a) protect human, animal, and plant life and health in the territory of each Party while facilitating trade;

(b) enhance the practical implementation of the SPS Agreement;

(c) enhance cooperation, communication and transparency between the Parties; and

(d) ensure that the Parties’ sanitary and phytosanitary (SPS) measures are based on scientific principles and do not create unjustified barriers to trade.

Article 6.3. Scope

This Chapter shall apply to all SPS measures of each Party that may, directly or indirectly, affect trade between the Parties.

Article 6.4. General Provisions

The Parties affirm their rights and obligations under the SPS Agreement.

Article 6.5. Contact Points and Competent Authorities

1. On the date of entry into force of this Agreement, each Party shall designate a contact point or contact points to facilitate communication and the exchange of information on matters covered by this Chapter. Each Party shall promptly notify the other Party of its designated contact point no later than 30 days after the entry into force of this Agreement.

2. Each Party shall keep details of its contact point or contact points and competent authorities up to date by promptly informing the other Party of any change.

Article 6.6. Technical Consultations

1. If a Party considers that an SPS measure proposed or implemented by the other Party may affect bilateral trade, it may request technical consultations through the other Party’s contact point.

2. The other Party shall respond promptly to such a request. The Parties shall enter into technical consultations within 30 days of the receipt of the request, unless otherwise agreed, with a view to reaching a mutually acceptable solution.

Article 6.7. Adaptation to Regional Conditions

1. The Parties recognise that adaptation to regional conditions is an important means of facilitating trade.

2. The Parties shall take into account the relevant guidance of the WTO SPS Committee and international standards, guidelines and recommendations.

3. The Parties may cooperate on the recognition of pest- or disease-free areas and areas of low pest or disease prevalence with the objective of acquiring confidence in the procedures followed by each Party for the recognition of pest- or disease-free areas, and areas of low pest or disease prevalence.

Article 6.8. Equivalence

1. The Parties recognise that the principle of equivalence, as provided for under Article 4 of the SPS Agreement, is an important means of facilitating trade and has mutual benefits for both exporting and importing countries.

2. The Parties shall follow the procedures for determining the equivalence of SPS measures and standards developed by the WTO SPS Committee and relevant international standard-setting bodies in accordance with Annex A of the SPS Agreement, mutatis mutandis.

3. The importing Party shall accept the equivalence of SPS measures, even if the measures differ from its own, if the exporting Party objectively demonstrates to the importing Party that the exporting Party’s measures achieve the importing Party’s appropriate level of protection. The final determination of equivalence rests with the importing Party.

4. The fact that a good of the exporting Party complies with SPS measures or standards that have been accepted as equivalent to SPS measures and standards of the importing Party shall not remove the need for that product to comply with any other relevant, mandatory requirements of the importing Party.

Article 6.9. Emergency Measures

1. If a Party adopts an emergency measure that is necessary for the protection of human, animal or plant life or health, it shall promptly notify the other Party of that emergency measure through the contact points established under Article 6.5 (Contact Points and Competent Authorities). The Party adopting the emergency measure shall take into consideration any information provided by the other Party in response to the notification.

2. On request of the other Party, a Party adopting an emergency measure shall engage in technical consultations with the other Party under Article 6.6 (Technical Consultations).

3. The importing Party shall consider information provided by the exporting Party in a timely manner when making decisions with respect to consignments that, at the time of adoption of the emergency measure, are being transported between the Parties, in order to avoid unnecessary disruptions to trade.

4. If a Party adopts an emergency measure, it shall review the scientific basis of that measure within six months and make available the results of the review to the other Party on request. If it maintains the emergency measure after the review because the reason for its adoption remains, it shall review the measure periodically.

Article 6.10. Transparency and Exchange of Information

1. The Parties recognise the value of transparency in the adoption and application of SPS measures and the importance of sharing information about such measures on an ongoing basis.

2. In implementing this Chapter, each Party shall take into account relevant guidance of the WTO SPS Committee and international standards, guidelines, and recommendations.

3. Each Party shall notify proposed sanitary or phytosanitary measures that may have an effect on the trade of the other Party, including any such measures that conform to international standards, guidelines or recommendations, by using the WTO SPS notification submission system as a means of notification. Each Party shall endeavour to respond in writing to any comments from the other Party in a timely manner.

4. A Party that proposes to adopt a sanitary or phytosanitary measure shall discuss with the other Party, on request and if appropriate and feasible, any scientific or trade concerns that the other Party may raise regarding the proposed measure and the availability of alternative, less trade-restrictive approaches for achieving the objective of the measure.

5. Each Party shall notify the other Party of final sanitary or phytosanitary measures through the WTO SPS notification submission system. Each Party shall ensure that the text or the notice of a final sanitary or phytosanitary measure specifies the date on which the measure takes effect and the legal basis for the measure. Each Party shall publish, preferably by electronic means, notices of final sanitary or phytosanitary measures.

6. An exporting Party shall notify the importing Party through the contact points established under Article 6.5 (Contact Points and Competent Authorities) in a timely and appropriate manner if it has knowledge of:

(a) a significant or urgent situation of a sanitary or phytosanitary risk in its territory that may affect current trade between the Parties; or

(b) significant changes in food safety, or pest or disease management, control or eradication policies or practices that may affect current trade between the Parties.

7. A Party shall, on request, promptly provide to the other Party all sanitary or phytosanitary measures related to the importation of a good into that Party’s territory.

8. Each Party shall, on request of the other Party, provide information, on results of import checks in case of rejected or non-compliant consignments, including the scientific basis for such rejections.

  • 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