Australia - United Arab Emirates CEPA (2024)
Previous page Next page

(x) supply of a service includes the production, distribution, marketing, sale and delivery of a service;

(y) trade in services is defined as the supply of a service:

(i) from the territory of a Party into the territory of the other Party;

(ii) in the territory of a Party to the service consumer of the other Party;

(iii) by a service supplier of a Party, through commercial presence in the territory of the other Party;

(iv) by a service supplier of a Party, through presence of natural persons of a Party in the territory of the other Party; and

(z) traffic rights mean the right for scheduled and non-scheduled services to operate and/or to carry passengers, cargo and mail for remuneration or hire from, to, within, or over the territory of a Party, including points to be served, routes to be operated, types of traffic to be carried, capacity to be provided, tariffs to be charged and their conditions, and criteria for designation of airlines, including such criteria as number, ownership, and control.

Article 9.2. Scope and Coverage

1. This Chapter applies to measures by a Party affecting trade in services.

2. In fulfilling its obligations and commitments under the Chapter, each Party shall take such reasonable measures as may be available to it to ensure their observance by regional and local governments and authorities and non- governmental bodies within its territory.

3. This Chapter shall not apply to:

(a) government procurement;

(b) services supplied in the exercise of governmental authority;

(c) subsidies or grants provided by a Party, including government-supported loans, guarantees, and insurance;

(d) measures affecting natural persons seeking access to the employment market of a Party, nor shall it apply to measures regarding nationality, citizenship, residence or employment on a permanent basis; and

(e) measures affecting air traffic rights or measures affecting services directly related to the exercise of air traffic rights, other than measures affecting:

(i) aircraft repair and maintenance services;

(ii) the selling and marketing of air transport services;

(iii) computer reservation system services;

(iv) airport operation services;

(v) specialty air services; or

(vi) ground-handling services.

4. For greater certainty, Annex 9A (Financial Services), Annex 9B (Telecommunications Services), Annex 9C (Foreign Investment Framework for Australia), Annex 9C (Foreign Investment Framework for UAE), Annex 9D (Schedules of Specific Commitments) and Annex 9E (Schedules of Non- Conforming Measures and Reservations) are an integral part of this Chapter.

Article 9.3. Scheduling of Commitments

1. Each Party shall make commitments under Article 9.4 (National Treatment), Article 9.5 (Most-Favoured-Nation Treatment), Article 9.6 (Market Access) in accordance with either Article 9.8 (Schedules of Specific Commitments) or Article 9.9 (Schedules of Non-Conforming Measures and Reservations).

2. A Party making commitments in accordance with Article 9.8 (Schedules of Specific Commitments) shall make commitments under the applicable paragraphs in Article 9.4 (National Treatment), Article 9.5 (Most-Favoured-Nation Treatment), and Article 9.6 (Market Access). A Party making commitments in accordance with Article 9.8 (Schedules of Specific Commitments) may also make commitments under Article 9.10 (Additional Commitments).

3. A Party making commitments in accordance with Article 9.9 (Schedules of Non- Conforming Measures and Reservations) shall make commitments under the applicable paragraphs in Article 9.4 (National Treatment), Article 9.5 (Most- Favoured-Nation Treatment), Article 9.6 (Market Access) and Article 9.7 (Local Presence). A Party making commitments in accordance with Article 9.9 (Schedules of Non-Conforming Measures and Reservations) may also make commitments under Article 9.10 (Additional Commitments).

Article 9.4. National Treatment

1. A Party making commitments in accordance with Article 9.8 (Schedules of Specific Commitments) shall, in the sectors inscribed in its Schedule in Annex 9D (Schedules of Specific Commitments) and subject to any conditions and qualifications set out therein, accord to services and service suppliers of the other Party, in respect of all measures affecting the supply of services, treatment no less favourable than it accords to its own like services and service suppliers. (3)

2. A Party making commitments in accordance with Article 9.9 (Schedules of Non- Conforming Measures and Reservations) shall accord to services and service suppliers of the other Party, in respect of all measures affecting the supply of services, treatment no less favourable than that it accords to its own like services and service suppliers, subject to its non-conforming measures and reservations as provided in Article 9.9 (Schedules of Non-Conforming Measures and Reservations). (4)

3. A Party may meet the requirement under paragraph 1 or 2 by according to services and service suppliers of the other Party, either formally identical treatment or formally different treatment to that it accords to its own like services and service suppliers.

4. Formally identical or formally different treatment shall be considered to be less favourable if it modifies the conditions of competition in favour of services or service suppliers of the Party compared to like services or service suppliers of the other Party.

(3) Specific commitments assumed under this Article shall not be construed to require any Party to compensate for any inherent competitive disadvantages which result from the foreign character of the relevant services or service suppliers.
(4) Nothing in this Article shall be construed to require any Party to compensate for any inherent competitive disadvantages which result from the foreign character of the relevant services or service suppliers.

Article 9.5. Most-Favoured-Nation Treatment

1. A Party making commitments in accordance with Article 9.8 (Schedules of Specific Commitments) shall, in respect of the sectors and subsectors set out in the Most-Favoured-Nation Treatment Sectoral Coverage Appendix to its Schedule in Annex 9D (Schedules of Specific Commitments) and subject to any conditions and qualifications set out therein, accord to services and service suppliers of the other Party treatment no less favourable than that it accords to like services and service suppliers of a non-party.

2. A Party making commitments in accordance with Article 9.9 (Schedules of Non- Conforming Measures and Reservations) shall, subject to its non-conforming measures and reservations set out in its Schedule in Annex 9E (Schedules of Non-Conforming Measures and Reservations), accord to services and service suppliers of the other Party treatment no less favourable than that it accords to like services and service suppliers of a non-party.

3. Notwithstanding paragraphs 1 and 2, each Party reserves the right to adopt or maintain any measure that accords differential treatment to services and service suppliers of any non-party under any bilateral or multilateral international agreement in force at, or signed prior to, the date of entry into force of this Agreement.

4. For sectors and subsectors either not set out in a Party’s Most-Favoured-Nation Treatment Sectoral Coverage Appendix to its Schedule in Annex 9D (Schedules of Specific Commitments) pursuant to paragraph 1, or subject to a Party’s non- conforming measures and reservations set out in its Schedule in Annex 9E (Schedules of Non-Conforming Measures and Reservations) pursuant to paragraph 2, if, after the date of entry into force of this Agreement, a Party subsequently enters into any agreement with a non-party in which it provides treatment to services or service suppliers of that non-party more favourable than it accords to like services or service suppliers of the other Party, the other Party may request consultations to discuss the possibility of extending, under this Agreement, treatment no less favourable than that provided under the agreement with the non-party. In such circumstances, the Parties shall enter into consultations bearing in mind the overall balance of benefits.

Article 9.6. Market Access

1. With respect to market access through the modes of supply identified in subparagraph (y) of Article 9.1 (Definitions), a Party making commitments in accordance with Article 9.8 (Schedules of Specific Commitments) shall accord services and service suppliers of the other Party treatment no less favourable than that provided for under the terms, limitations, and conditions agreed and specified in its Schedule in Annex 9D (Schedules of Specific Commitments). (5)

2. The measures which a Party shall not adopt or maintain either on the basis of a regional subdivision or on the basis of its entire territory, either in sectors where market access commitments are undertaken and in accordance with its specific commitments, as provided in Article 9.8 (Schedules of Specific Commitments), or subject to its non-conforming measures and reservations, as provided in Article 9.9 (Schedules of Non-Conforming Measures and Reservations), are defined as:

(a) limitations on the number of service suppliers whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirements of an economic needs test;

(b) limitations on the total value of service transactions or assets in the form of numerical quotas or the requirement of an economic needs test;

(c) limitations on the total number of service operations or on the total quantity of service output expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test; (6)

(d) limitations on the total number of natural persons that may be employed in a particular service sector or that a service supplier may employ and who are necessary for, and directly related to, the supply of a specific service in the form of numerical quotas or the requirement of an economic needs test;

(e) measures which restrict or require specific types of legal entity or joint venture through which a service supplier may supply a service; and

(f) limitations on the participation of foreign capital in terms of maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.

(5) If a Party undertakes a market-access commitment in relation to the supply of a service through the mode of supply referred to in subparagraph (y)(i) of Article 9.1 (Definitions) and if the cross-border movement of capital is an essential part of the service itself, that Party is thereby committed to allow such movement of capital. If a Party undertakes a market-access commitment in relation to the supply of a service through the mode of supply referred to in subparagraph (y)(iii) of Article 9.1 (Definitions), it is thereby committed to allow related transfers of capital into its territory.
(6) Subparagraph 2(c) does not cover measures of a Party which limit inputs for the supply of services.

Article 9.7. Local Presence

A Party making commitments in accordance with Article 9.9 (Schedules of Non- Conforming Measures) shall not require a service supplier of the other Party to establish or maintain a representative office, a branch, or any form of juridical person, or to be resident, in its territory as a condition for the supply of a service as described in subparagraphs (y)(i), (ii), or (iv) of Article 9.1 (Definitions), subject to its non-conforming measures as provided in Article 9.9 (Schedules of Non-Conforming Measures).

Article 9.8. Schedules of Specific Commitments

1. A Party making commitments in accordance with this Article shall set out in its Schedule in Annex 9D (Schedules of Specific Commitments), the specific commitments it undertakes under Article 9.4 (National Treatment), Article 9.6 (Market Access), and Article 9.10 (Additional Commitments). With respect to sectors where such commitments are undertaken, each Schedule in Annex 9D (Schedules of Specific Commitments) shall specify:

(a) terms, limitations, and conditions on market access;

(b) conditions and qualifications on national treatment;

(c) undertakings relating to additional commitments; and

(d) where appropriate, the timeframe for implementation of such commitments.

2. Measures inconsistent with both Article 9.4 (National Treatment) and Article 9.6 (Market Access) shall be inscribed in the column relating to Article 9.6 (Market Access). In this case, the inscription shall be considered to provide a condition or qualification to Article 9.4 (National Treatment) as well.

Article 9.9. Schedules of Non-Conforming Measures and Reservations

1. For a Party making commitments in accordance with this Article, Article 9.4 (National Treatment), Article 9.5 (Most-Favoured-Nation Treatment), Article 9.6 (Market Access), and Article 9.7 (Local Presence) shall not apply to:

(a) any existing non-conforming measure that is maintained by that Party at:

(i) the central level of government, as set out by that Party in Part A of its Schedule in Annex 9E (Schedules of Non-Conforming Measures and Reservations);

(ii) a regional level of government, as set out by that Party in Part A of its Schedule in Annex 9E (Schedules of Non-Conforming Measures and Reservations); or

(iii) a local level of government;

(b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); and

(c) an amendment to any non-conforming measure referred to in subparagraph (a), to the extent that the amendment does not decrease the conformity of the measure, as it existed immediately before the amendment, with Article 9.4 (National Treatment), Article 9.5 (Most-Favoured-Nation Treatment), Article 9.6 (Market Access) or Article 9.7 (Local Presence).

2. Article 9.4 (National Treatment), Article 9.5 (Most-Favoured-Nation Treatment), Article 9.6 (Market Access), and Article 9.7 (Local Presence) shall not apply to any measure that a Party adopts or maintains with respect to sectors, sub- sectors, or activities set out in Part B of its Schedule in Annex 9E (Schedules of Non-Conforming Measures and Reservations).

Article 9.10. Additional Commitments

1. The Parties may negotiate commitments with respect to measures affecting trade in services, including those regarding qualifications, standards, or licensing matters, not subject to scheduling, under:

(a) Article 9.4 (National Treatment), Article 9.5 (Most-Favoured-Nation Treatment), or Article 9.6 (Market Access), for a Party making commitments in accordance with Article 9.8 (Schedules of Specific Commitment); or

(b) Article 9.4 (National Treatment), Article 9.5 (Most-Favoured-Nation Treatment), Article 9.6 (Market Access), or Article 9.7 (Local Presence) for a Party making commitments in accordance with Article 9.9 (Schedules of Non-Conforming Measures and Reservations).

2. A Party making additional commitments under subparagraph 1(a) shall inscribe such commitments in its Schedule in Annex 9D (Schedules of Specific Commitments).

3. A Party making additional commitments under subparagraph 1(b) shall inscribe such commitments in List C of its Schedule in Annex 9E (Schedules of Non- Conforming Measures and Reservations).

Article 9.11. Modification of Schedules

1. Except as provided in paragraph 2, a Party (“modifying Party”) may modify or withdraw any commitment in its Schedule in Annex 9D (Schedules of Specific Commitments) at any time after three years from the date on which that commitment entered into force, provided that:

(a) it notifies the other Party (“affected Party”) of its intention to modify or withdraw a commitment no later than three months before the intended date of implementation of the modification or withdrawal;

(b) upon notification of a Party’s intent to make such modification or withdrawal, the Parties shall consult and attempt to reach agreement on the appropriate compensatory adjustment; and

(c) such an agreement between the Parties has been reached.

2. In achieving a compensatory adjustment, the Parties shall endeavour to maintain a general level of mutually advantageous commitment that is no less favourable to trade than provided for in the Schedules in Annex 9D (Schedules of Specific Commitments) prior to such negotiations.

3. If agreement under paragraph 1(c) is not reached between the modifying Party and the affected Party within three months, the modifying Party may refer the matter to a panel in accordance with the procedures set out in Chapter 25 (Dispute Settlement) or, where agreed between the Parties, to an alternative arbitration procedure. The modifying Party may modify or withdraw a commitment once it has made the compensatory adjustments in conformity with the findings of the panel.

4. If the modifying Party implements its proposed modification or withdrawal and does not comply with the findings of the panel, the affected Party may modify or withdraw substantially equivalent benefits in conformity with the findings of the panel.

Article 9.12. Transparency

1. The Parties recognise that transparent measures governing trade in services are important in facilitating the ability of service suppliers to gain access to, and operate in, each other’s markets. Each Party shall promote regulatory transparency in trade in services.

2. For sectors and subsectors set out in a Party’s Schedule in Annex 9D (Schedules of Specific Commitments), or subject to a Party’s non-conforming measures and reservations set out in its Schedule in Annex 9E (Schedules of Non-Conforming Measures and Reservations, each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.

3. Each Party shall publish promptly, or otherwise make publicly available, and, except in emergency situations, at the latest by the time of their entry into force:

(a) all relevant measures of general application which pertain to or affect the operation of this Chapter; and

(b) all international agreements pertaining to or affecting trade in services to which the Party is a signatory.

4. To the extent practicable and in a manner consistent with its legal system for adopting measures, each Party shall publish in advance, or otherwise make publicly available in advance, any measures of general application affecting trade in services that it proposes to adopt which significantly affect trade in services covered by this Chapter.

5. Each Party shall respond promptly to any request by the other Party for specific information on:

(a) any measures referred to in paragraph 3(a) or international agreements referred to in paragraph 3(b); and

(b) any new, or any changes to existing, laws, regulations or administrative guidelines which significantly affect trade in services.

Article 9.13. Domestic Regulation

1. Subject to paragraph 2, this Article applies to measures of a Party relating to licensing requirements and procedures, qualification requirements and procedures, and technical standards affecting trade in services.

2. This Article does not apply to a sector or measure to the extent that such sector or measure is not subject to Article 9.4 (National Treatment) or Article 9.6 (Market Access) by reason of a Party’s commitments made in accordance with either Article 9.8 (Schedules of Specific Commitments) or Article 9.9 (Schedules of Non-Conforming Measures and Reservations).

3. If a Party adopts or maintains measures relating to the authorisation for the supply of a service, the Party shall ensure that:

(a) such measures are based on objective and transparent criteria; (7)

(7) Such criteria may include, inter alia, competence and the ability to supply a service, including to do so in a manner consistent with a Party’s regulatory requirements, such as health and environmental requirements. Competent authorities may assess the weight to be given to each criterion.

(b) the procedures are impartial, and that the procedures are adequate for applicants to demonstrate whether they meet the requirements, if such requirements exist;

(c) the procedures do not in themselves unjustifiably prevent the fulfilment of requirements; and

(d) such measures do not discriminate between men and women. (8)

(8) Differential treatment that is reasonable and objective, and aims to achieve a legitimate purpose, and adoption by a Party of temporary special measures aimed at accelerating de facto equality between men and women, shall not be considered discrimination for the purposes of this subparagraph.

4. If a Party requires authorisation for the supply of a service, the Party shall promptly publish, (9) or otherwise make publicly available in writing, the information necessary for service suppliers or persons seeking to supply a service to comply with the requirements and procedures for obtaining, maintaining, amending and renewing such authorisation. Such information shall include, inter alia, where it exists:

(a) the requirements and procedures;

(b) contact information of relevant competent authorities;

(c) fees;

(d) technical standards;

(e) procedures for appeal or review of decisions concerning applications;

(f) procedures for monitoring or enforcing compliance with the terms and conditions of licenses or qualifications;

(g) opportunities for public involvement, such as through hearings or comments; and

(h) indicative timeframes for processing of an application.

(9) For purposes of these disciplines, "publish" means to include in an official publication, such as an official journal, or on an official website. The Parties are encouraged to consolidate electronic publications into a single portal.

5. Each Party shall, to the extent practicable, avoid requiring an applicant to approach more than one competent authority for each application for authorisation. If a service is within the jurisdiction of multiple competent authorities, multiple applications for authorisation may be required.

6. If a Party requires authorisation for the supply of a service, it shall ensure that its competent authorities, to the extent practicable, permit submission of an application at any time throughout the year. (10) If a specific time period for applying exists, the Party shall ensure that the competent authorities allow a reasonable period for the submission of an application.

(10) Competent authorities are not required to start considering applications outside of their official working hours and working days.

7. If a Party requires authorisation for the supply of a service, it shall ensure that its competent authorities:

(a) taking into account their competing priorities and resource constraints, endeavour to accept applications in electronic format; and

(b) accept copies of documents, that are authenticated in accordance with the Party’s domestic laws and regulations, in place of original documents, unless the competent authorities require original documents to protect the integrity of the authorisation process.

8. If a Party requires authorisation for the supply of a service, it shall ensure that its competent authorities:

(a) to the extent practicable, provide an indicative timeframe for processing of an application;

(b) at the request of the applicant, provide without undue delay information concerning the status of the application;

(c) to the extent practicable, ascertain without undue delay the completeness of an application for processing under the Party’s domestic laws and regulations;

(d) if they consider an application complete for processing under the Party’s domestic laws and regulations, (11) within a reasonable period of time after the submission of the application ensure that:

(11) Competent authorities may require that all information is submitted in a specified format to consider it "complete for processing".

(i) the processing of the application is completed; and

(ii) the applicant is informed of the decision concerning the application, (12) to the extent possible in writing; (13)

(12) Competent authorities may meet this requirement by informing an applicant in advance in writing, including through a published measure, that lack of response after a specified period of time from the date of submission of an application indicates acceptance of the application or rejection of the application.
(13) "In writing" may include in electronic form.

(e) if they consider an application incomplete for processing under the Party’s domestic laws and regulations, within a reasonable period of time, to the extent practicable:

(i) inform the applicant that the application is incomplete;

(ii) at the request of the applicant, identify the additional information required to complete the application, or otherwise provide guidance on why the application is considered incomplete; and

(iii) provide the applicant with the opportunity (14) to provide the additional information that is required to complete the application,

(14) Such opportunity does not require a competent authority to provide extensions of deadlines.

however, if none of the above is practicable, and the application is rejected due to incompleteness, ensure that they so inform the applicant within a reasonable period of time; and

(f) if an application is rejected, to the extent possible, either upon their own initiative or upon request of the applicant, inform the applicant of the reasons for rejection and, if applicable, the procedures for resubmission of an application. An applicant should not be prevented from submitting another application (15) solely on the basis of a previously rejected application.

(15) Competent authorities may require that the content of such an application has been revised.

9. The competent authorities of a Party shall ensure that authorisation, once granted, enters into effect without undue delay, subject to applicable terms and conditions.(16)

(16) Competent authorities are not responsible for delays due to reasons outside their competence.

10. Each Party shall ensure that the authorisation fees (17) charged by its competent authorities are reasonable, transparent, based on authority set out in a measure, and do not in themselves restrict the supply of the relevant service.

(17) Authorisation fees do not include fees for the use of natural resources, payments for auction, tendering or other non-discriminatory means of awarding concessions, or mandated contributions to universal service provision.

11. If a Party requires an examination for authorisation for the supply of a service, that Party shall ensure that its competent authorities schedule such an examination at reasonably frequent intervals and provide a reasonable period of time to enable applicants to request to take the examination. Having regard to the cost, administrative burden, and the integrity of the procedures involved, the Parties are encouraged to accept requests in electronic format to take such examinations, and to consider, to the extent practicable, the use of electronic means in other aspects of examination processes.

12. If a Party adopts or maintains measures relating to the authorisation for the supply of a service, the Party shall ensure that its competent authorities reach and administer their decisions in a manner independent from any supplier of the service for which authorisation is required.(18)

(18) For greater certainty, this provision does not mandate a particular administrative structure; it refers to the decision-making process and administering of decisions.

13. Each Party shall encourage its competent authorities, when adopting technical standards, to adopt technical standards developed through open and transparent processes, and shall encourage any body, including relevant international organisations, (19) designated to develop technical standards, to use open and transparent processes.

(19) The term “relevant international organisations" refers to international bodies whose membership is open to the relevant bodies of each Party.

Article 9.14. Recognition

1. For the purposes of the fulfilment, in whole or in part, of its standards or criteria for the authorisation, licensing or certification of service suppliers, and subject to paragraph 3, a Party may recognise, or encourage its relevant competent bodies to recognise, the education or experience obtained, requirements met, or licences or certifications granted in a non-party. Such recognition, which may be achieved through harmonisation or otherwise, may be based upon an agreement or arrangement between the Parties or their relevant competent bodies, or may be accorded autonomously.

2. If a Party recognises, autonomously or by agreement or arrangement, the education or experience obtained, requirements met, or licences or certifications granted, in the territory of a non-party, nothing in Article 9.5 (Most-Favoured- Nation Treatment) shall be construed to require the Party to accord recognition to the education or experience obtained, requirements met, or licences or certifications granted, in the territory of the other Party.

3. Where a Party recognises, by agreement or arrangement, the education or experience obtained, requirements met, or licenses or certifications granted in the territory of a non-party of the type referred in paragraph 1, that Party shall afford the other Party adequate opportunity to negotiate its accession to such an agreement or arrangement, whether existing or future, or to negotiate a comparable agreement or arrangement with it. Where a Party accords recognition autonomously, it shall afford adequate opportunity for the other Party to demonstrate that the education, experience, licences or certifications obtained or requirements met in that other Party’s territory should also be recognised.

4. A Party shall not accord recognition in a manner which would constitute a means of discrimination between the other Party and non-parties in the application of its standards or criteria for the authorisation, licensing or certification of service suppliers, or a disguised restriction on trade in services.

  • 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