(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.
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)
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.
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.