New Zealand - United Arab Emirates CEPA (2025)
Previous page Next page

8. The chairperson of the panel shall preside at all of its meetings. The panel may delegate to the chairperson the authority to make administrative and procedural decisions.

9. Except as otherwise provided for, the panel may conduct its activities by any means, including telephone, video conference or other electronic means of communication.

10. Panel deliberations shall be confidential. Only panellists may take part in the deliberations of the panel, but the panel may permit their assistants to be present during its deliberations. The drafting of any decision and report shall remain the exclusive responsibility of the panel and shall not be delegated. The reports of panel shall be drafted without the presence of the Parties and in the light of the information provided and the statements made.

11. Opinions expressed in the panel report by individual panellists shall be anonymous.

Hearings

12. Based on the timetable agreed pursuant to Rule 4, after consulting with the Parties and the other panellists, the chairperson of the panel shall notify the Parties time and venue of the oral hearing.

13. Unless the Parties agree otherwise, the oral hearing shall be hosted by the responding Party. In duly justified circumstances and at the request of a Party, the panel may decide to hold a virtual or hybrid hearing and make appropriate arrangements, taking into account the rights of due process and the need to ensure transparency, after consulting both Parties.

14. The panel may convene additional oral hearings if the Parties so agree.

15. All panellists shall be present during the entirety of the oral hearing.

16. Unless the Parties agree otherwise, the following persons may attend the oral hearing:

(a) representatives and advisers of a Party; and

(b) assistants, interpreters and other persons whose presence is required by the panel.

17. The oral hearing shall be conducted by the panel in a manner ensuring that the complaining Party and the respondent Party are afforded equal time to present their case. The panel shall, as a general rule, conduct the hearing in the following manner:

(a) Argument

(i) argument of the complaining Party;

(ii) argument of the respondent Party;

(b) Rebuttal Argument

(i) the reply of the complaining Party;

(ii) the counter-reply of the respondent Party;

(c) Closing Statement

(i) closing statement of the complaining Party; and

(ii) closing statement of the respondent Party.

18. The chairperson may set time limits for oral arguments to ensure that each Party is afforded equal time.

Written Questions

19. The panel may direct written questions to one or both Parties at any time during the proceedings. In the event that the panel addresses questions to one Party only, the panel shall provide a copy of the written questions to the other Party. A Party to whom the panel addresses a written question shall deliver a written reply to the panel and the other Party in accordance with the timetable established by the panel.

20. Each Party shall be given the opportunity to provide written comments on the response of the other Party within the timetable established by the panel.

Confidentiality

21. Each Party shall treat as confidential information submitted to the panel by the other Party which that Party has designated as confidential for the purposes of Article 1.5 (Confidential Information).

22. Where a Party designates as confidential its written submissions to the panel, it shall provide the panel and the other Party with a non-confidential summary, no later than 10 days after the date of request, of the information contained in its written submissions that may be disclosed to the public. Nothing in these Rules shall prevent a Party from disclosing statements of its own positions to the public to the extent that, when making reference to information submitted by the other Party, it does not disclose any information designated by the other Party as confidential.

Working Language

23. The working language of the panel proceedings, including for written submissions, oral arguments or presentations, the report of the panel and all written and oral communications between the Parties and with the panel, shall be English.

Expenses

24. The panel shall keep a record and render a final account of all general expenses incurred in connection with the proceedings, including those paid to its assistants.

25. Each panellist may hire one assistant to provide research, translation or interpretation support, unless a panellist requires an additional assistant and the disputing Parties agree that, due to exceptional circumstances, the panellist should be permitted to hire an additional assistant.

26. Unless the Parties agree otherwise, the total remuneration for each panellist's assistant shall not exceed 50 per cent of the remuneration of that panellist.

Ex Parte Contacts

27. The panel shall not meet or contact a Party in the absence of the other Party.

28. No Party shall meet or contact any panellist in relation to the dispute in the absence of the other Party and other panellists.

29. No panellist shall meet or contact a Party in the absence of the other Party and other panellists.

ANNEX 20-B. CODE OF CONDUCT FOR PANELLISTS AND OTHERS ENGAGED IN DISPUTE SETTLEMENT PROCEEDINGS UNDER THIS AGREEMENT (1)

Definitions

1. For the purposes of this Annex:

assistant means a person who, under the terms of appointment of a panellist, conducts research or provides support for the panellist, works under the direction and control of a panellist to assist with case-specific task;

candidate means a person who is under consideration for selection as a panellist;

panellist means a member of a panel established under Article 20.8 (Establishment of a Panel);

proceeding, unless otherwise specified, means the proceeding of a panel under this Chapter; and

staff, in respect of a panellist, means persons under the direction and control of the panellist, other than assistants.

Responsibilities to the Process

2. In order to preserve the integrity and impartiality of the dispute settlement process, each candidate and panellist shall:

(a) avoid impropriety or the appearance of impropriety;

(b) be independent and impartial;

(c) avoid direct or indirect conflicts of interest; and

(d) observe high standards of conduct.

Disclosure Obligations

3. Prior to confirmation of their selection as a panellist under this Agreement, a candidate shall disclose any interest, relationship or matter that is likely to affect their independence or impartiality or that might reasonably create an appearance of impropriety or bias in the proceeding. To this end, a candidate shall make all reasonable efforts to become aware of any such interests, relationships and matters.

4. Once selected, a panellist shall continue to make all reasonable efforts to become aware of any interests, relationships and matters referred to in paragraph 3 and shall disclose them by communicating them in writing to the Parties for their consideration. The obligation to disclose is a continuing duty, which requires a panellist to disclose any such interests, relationships and matters that may arise during any stage of the proceeding.

Performance of Duties by Panellists

5. A panellist shall comply with the provisions of Chapter 20 (Dispute Settlement) and its Annexes.

6. On selection, a panellist shall be available to perform and shall perform their duties thoroughly and expeditiously throughout the course of the proceeding, and with fairness and diligence.

7. A panellist shall not deny other panellists the opportunity to participate in all aspects of the proceeding.

8. A panellist shall consider only those issues raised in the proceeding and necessary to make a decision and shall not delegate the duty to decide to any other person.

9. A panellist shall take all appropriate steps to ensure that the panellist's assistant and staff are aware of, and comply with, paragraphs 2, 3, 4, 20, 21, 22 and 23 of this Annex.

10. A panellist shall not engage in ex parte contacts concerning the proceeding.

11. A panellist shall not communicate matters concerning actual or potential violations of this Annex by another panellist unless the communication is to both Parties or is necessary to ascertain whether that panellist has violated or may violate this Annex.

12. Each panellist shall keep a record and render a final account of the time devoted to the panel proceedings and of their expenses, as well as the time and expenses of their assistants.

Independence and Impartiality of Panellists

13. A panellist shall act in a fair manner.

14. A panellist shall not be influenced by self-interest, outside pressure, political considerations, public clamour, loyalty to a Party or fear of criticism.

15. A panellist shall not, directly or indirectly, incur any obligation or accept any benefit that would in any way interfere, or appear to interfere, with the proper performance of the panellist's duties.

16. A panellist shall not use his or her position on the panel to advance any personal or private interests. A panellist shall avoid actions that may create the impression that others are in a special position to influence the panellist. A panellist shall make every effort to prevent or discourage others from representing themselves as being in such a position.

17. A panellist shall not allow past or existing financial, business, professional, family or social relationships or responsibilities to influence the panellist's conduct or judgment.

18. A panellist shall avoid entering into any relationship, or acquiring any financial interest, that is likely to affect the panellist’s impartiality or that might reasonably create an appearance of impropriety or bias.

Duties in Certain Situations

19. A former panellist shall avoid actions that may create the appearance that the panellist was biased in carrying out the panellist's duties or would benefit from the decision or report of the panel.

Maintenance of Confidentiality

20. A panellist or former panellist shall not at any time disclose or use any confidential or non-public information concerning the proceeding or acquired during the proceeding except for the purposes of the proceeding and shall not, in any case, disclose or use any such information to gain personal advantage, or advantage for others, or to affect adversely the interest of others.

21. A panellist shall not disclose a panel report, or parts thereof, prior to its publication.

22. A panellist or former panellist shall not at any time disclose the deliberations of a panel, or any panellist's view, except as required by legal or constitutional Requirements.

23. A panellist or former panellist shall not at any time disclose which panellist's are associated with majority or minority opinions in a proceeding.

24, A panellist shall not make a public statement regarding the panel proceeding.

(1) For greater certainty, Annex 20-B, Code of Conduct for Panellists and Others Engaged in Dispute Settlement Proceedings Under this Agreement, is applicable for the purpose of Article 20.6 (Good Offices, Conciliation or Mediation), unless otherwise provided by the instruments of good offices, conciliation and mediation.

Chapter 21. EXCEPTIONS

Article 21.1. General Exceptions

1. For the purposes of Chapter 2 (Trade in Goods), Chapter 3 (Rules of Origin), Chapter 4 (Customs Procedures and Trade Facilitation), Chapter 6 (Sanitary and Phytosanitary Measures), Chapter 7 (Technical Barriers to Trade), and Chapter 10 (Digital Trade), Article XX of the GATT 1994 and its interpretative notes are incorporated into and made part of this Agreement, mutatis mutandis.

2. For the purposes of Chapter 9 (Trade in Services) and Chapter 10 (Digital Trade), Article XIV of the GATS, including its footnotes, is incorporated into and made part of this Agreement, mutatis mutandis.

3. For the purposes of this Agreement, subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between the Parties where like conditions prevail, or a disguised restriction on trade in goods or services and investment, nothing in this Agreement shall be construed to prevent the adoption or enforcement by a Party of measures necessary to protect national works or specific sites of historical or archaeological value, or to support creative arts (1) of national value.

(1) "Creative arts" include nga toi Maori (Maori arts), the performing arts - including theatre, dance, and music, haka (traditional Maori posture dance), waiata (song or chant) - visual arts and craft such as painting, sculpture, whakairo (carving), raranga (weaving), and ta moko (traditional Maori tattoo), literature, film and video, language arts, creative online content, indigenous traditional practice and contemporary cultural expression, and digital interactive media and hybrid art work, including those that use new technologies to transcend discrete art form divisions. The term encompasses those activities involved in the presentation, execution, and interpretation of the arts; and the study and technical development of these art forms and activities.

Article 21.2. Security Exceptions

Nothing In this Agreement shall be construed:

(a) to require any Party to furnish any information, the disclosure of which it considers contrary to its essential security interests; or

(b) to prevent any Party from taking any action which it considers necessary for the protection of its essential security interests:

(i) relating to fissionable and fusionable materials or the materials from which they are derived;

(ii) relating to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment;

(iii) relating to the supply of services as carried out directly or indirectly for the purpose of provisioning a military establishment;

(iv) taken in time of war or other emergency in international relations; or

(c) to prevent any Party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security.

Article 21.3. Taxation

1. For the purposes of this Article:

designated authorities means:

(a) for New Zealand, the Commissioner of Inland Reveme or an authorised representative of the Commisioner;

(b) for the United Arab Emirates, the Ministry of Finance or the authority assigned by the Ministry of Finance;

or any successor of these designated authorities as notified in writing to the other Party;

tax convention means a convention for the avoidance of double taxation or other international taxation agreement or arrangement; and

taxes and taxation measures include excise duties, but do not include:

(a) a "customs duty" as defined in Article 1.3 (General Definitions - Definition of Customs Duty); or

(b) the measures listed in subparagraphs (b) and (c) of that definition.

2. Except as provided in this Article, nothing in this Agreement shall apply to taxation measures.

3. Nothing in this Agreement shall affect the rights and obligations of either Party under any tax convention. In the event of any inconsistency between this Agreement and any such tax convention, that convention shall prevail to the extent of the inconsistency.

4. In the case of a tax convention between or including the Parties, if an issue arises as to whether any inconsistency exists between this Agreement and the tax convention, the issue shall be referred to the designated authorities of the Parties. The designated authorities shall determine the existence and the extent of such inconsistency. A determination made under this paragraph by the designated authorities shall be binding.

5. For greater certainty, advantages accorded by a Party pursuant to a tax convention are not subject to any most-favoured nation obligation.

6. This Agreement shall apply to taxation measures only to the same extent as does Article Il of the GATT 1994.

7. For greater certainty, nothing in this Article shall prevent the adoption or enforcement of any new taxation measure aimed at ensuring the equitable or effective imposition of or collection of taxes, including any taxation measure that differentiates between persons based on their place of residence for tax purposes, provided that the taxation measure does not arbitrarily discriminate between persons, goods or services of the other Party.

Article 21.4. Tiriti O Waitangi / Treaty of Waitangi

1. Provided that such measures are not used as a means of arbitrary or unjustified discrimination against persons of the other Party or as a disguised restriction on trade in goods, trade in services, and investment, nothing in this Agreement shall preclude the adoption by New Zealand of measures it deems necessary to accord more favourable treatment to Maori in respect of matters covered by this Agreement, including in fulfilment of its obligations under te Tiriti o Waitangi / the Treaty of Waitangi.

2. The Parties agree that the interpretation of te Tiriti o Waitangi / the Treaty of Waitangi, including as to the nature of the rights and obligations arising under it, shall not be subject to the dispute settlement provisions of this Agreement. Chapter 20 (Dispute Settlement) shall otherwise apply to this Article. A panel established under Article 20.8 (Establishment of a Panel) may be requested by the other Party to determine only whether any measure (referred to in paragraph 1) is inconsistent with its rights under this Agreement.

Article 21.5. Restrictions to Safeguard the Balance of Payments

1. Where a Party is in serious balance of payments and external financial difficulties or under threat thereof, it may:

(a) in the case of trade in goods, in accordance with GATT 1994 and the Understanding on the Balance-of-Payments Provisions of the GATT 1994 in Annex 1A to the WTO Agreement, adopt restrictive import measures;

(b) in the case of trade in services, adopt or maintain restrictions on trade in services on which it has undertaken commitments, including on payments or transfers for transactions related to such commitments.

2. Any restrictions adopted or maintained under paragraph 1(b) shall:

(a) be applied on a non-discriminatory basis such that the other Party is treated no less favourably than any non-Party;

(b) be consistent with the Articles of Agreement of the International Monetary Fund;

(c) avoid unnecessary damage to the commercial, economic and financial interests of the other Party;

(d) not exceed those necessary to deal with the circumstances described in paragraph 1(b); and

(e) be temporary and be phased out progressively as the situations specified in paragraph 1(b) improve.

3. A Party adopting or maintaining any restrictions under paragraph 1 shall:

(a) promptly notify, in writing, the other Party of the measures, including any changes therein; and

(b) upon the request of the other Party, promptly commence consultations with the other Party in order to review the measures adopted or maintained by it.

Chapter 22. FINAL PROVISIONS

Article 22.1. Annexes, Side Letters, and Footnotes

The Annexes, Side Letters, and Footnotes to this Agreement shall constitute an integral part of this Agreement.

Article 22.2. Amendments

The Parties may agree, in writing, to amend this Agreement. Any amendment shall enter into force 60 days after the date on which the Parties have notified each other in writing, through diplomatic channels, confirming they have completed their respective domestic procedures necessary for entry into force. The Parties may agree on another date for entry into force of the amendment.

Article 22.3. Accession

Any State, group of States, or separate customs territory may accede to this Agreement subject to such terms and conditions as may be agreed between the State, group of States, or separate customs territory and the Parties and following approval in accordance with the applicable domestic procedures of each Party and acceding State or separate customs territory.

Article 22.4. Termination

1. This Agreement shall remain in force unless terminated pursuant to paragraph 2.

2. A Party may notify the other Party of its intention to terminate this Agreement. The termination of this Agreement shall take effect six months after the date of the delivery of the notification, unless the Parties agree otherwise.

Article 22.5. Entry Into Force

This Agreement shall enter into force 60 days after the date on which the Parties have notified each other in writing, through diplomatic channels, confirming that they have completed their respective domestic procedures necessary for the entry into force of this Agreement. The Parties may agree on another date of entry into force of this Agreement.

Article 22.6. Authentic Texts

This Agreement is done in duplicate in Arabic and English languages. The English and Arabic texts of this Agreement are equally authentic. In the event of any divergence between these texts, the English text shall prevail.

Conclusion

IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective Governments, have signed this Agreement.

Done at Abu Dhabi, this day of January 2025.

For the Government of New Zealand

Hon Todd McClay H.E.

Minister for Trade

For the Government of the United Arab Emirates

Dr. Thani bin Ahmed Al Zeyoudi

  • Chapter   1 INITIAL PROVISIONS AND GENERAL DEFINITIONS 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.3 Relation to other Agreements 1
  • Article   1.4 Regional and Local Government 1
  • Article   1.5 Confidential Information 1
  • Article   1.6 Disclosure of Information 1
  • Chapter   2 TRADE IN GOODS 1
  • Article   2.1 Definitions 1
  • Article   2.2 Scope and Coverage 1
  • Article   2.3 National Treatment 1
  • Article   2.4 Elimination of Customs Duties 1
  • Article   2.5 Acceleration or Improvement of Tariff Commitments 1
  • Article   2.6 Classification of Goods 1
  • Article   2.7 Transposition of Schedules of Tariff Commitments 1
  • Article   2.8 Import and Export Restrictions 1
  • Article   2.9 Import Licensing Procedures 1
  • Article   2.10 Customs Valuation 1
  • Article   2.11 Export Subsidies 1
  • Article   2.13 Administrative Fees and Formalities 1
  • Article   2.14 Technical Consultations 1
  • Article   2.15 State Trading Enterprises 1
  • Article   2.16 Temporary Admission of Goods 1
  • Article   2.17 Goods Re-Entered after Repair or Alteration 1
  • Article   2.18 Goods Re-Entered after Repair or Alteration Duty-Free Entry of Commercial Samples of Negligible Value and Printed Advertising Materials (3) 2
  • Article   2.19 Exchange of Data 2
  • Article   2.20 Sub-Committee on Trade In Goods 2
  • Chapter   3 RULES OF ORIGIN 2
  • 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 Regional Value Content 2
  • Article   3.5 Intermediate Goods 2
  • Article   3.6 Accumulation 2
  • Article   3.7 Tolerance 2
  • Article   3.8 Insufficient Working or Processing 2
  • Article   3.9 Indirect Materials 2
  • Article   3.10 Accessories, Spare Parts, Tools 2
  • Article   3.11 Packaging Materials and Containers for Retail Sale 2
  • Article   3.12 Unit of Qualification 2
  • Article   3.13 Packaging Materials and Containers for Transportation and Shipment 2
  • Article   3.14 Fungible Goods and Materials 2
  • Article   3.15 Sets of Goods 2
  • Section   B TERRITORIALITY AND TRANSIT 2
  • Article   3.16 Principle of Territoriality 2
  • Article   3.17 Non-alteration 3
  • Article   3.18 Free Economic Zones or Free Zones 3
  • Article   3.19 Third Party Invoicing 3
  • Section   C ORIGIN CERTIFICATION 3
  • Article   3.20 Proof of Origin 3
  • Article   3.21 Certificate of Origin In Paper Format 3
  • Article   3.22 Electronic Data Origin Exchange System 3
  • Article   3.23 Origin Declaration by Approved Exporter 3
  • Article   3.24 Application and Examination of Application for a Certificate of Origin 3
  • Article   3.25 Certificate of Origin Issued Retrospectively 3
  • Article   3.26 Loss of the Certificate of Origin 3
  • Article   3.27 Importation by Installments 3
  • Article   3.28 Treatment of Erroneous Declaration In the Certificate of Origin 3
  • Article   3.29 Minor Errors and Discrepancies 3
  • Section   D SECTION D COOPERATION AND ORIGIN VERIFICATION 3
  • Article   3.30 Claims for Preferential Tariff Treatment 3
  • Article   3.31 Denial of Preferential Tariff Treatment 3
  • Article   3.32 Verification of Origin 3
  • Article   3.33 Record Keeping Requirement 3
  • Article   3.34 Confidentiality 3
  • Article   3.35 Contact Points 3
  • Article   3.36 Exchange of Official Stamps and Signatures 3
  • Article   3.37 Transitional Provisions for Goods In Transit 3
  • Section   E CONSULTATION AND MODIFICATIONS 3
  • Article   3.38 Rules of Origin and Customs and Trade Facilitation Sub-Committee 3
  • Article   3.39 Consultation and Modifications 3
  • Article   3.40 Transposition of Product-Specific Rules 4
  • Chapter   4 CUSTOMS PROCEDURES AND TRADE FACILITATION 4
  • Article   4.1 Definitions 4
  • Article   4.2 Objectives 4
  • Article   4.3 Scope 4
  • Article   4.4 General Provisions 4
  • Article   4.5 Publication and Availability of Information 4
  • Article   4.6 Risk Management 4
  • Article   4.7 Paperless Communications 4
  • Article   4.8 Single Window 4
  • Article   4.9 Advance Rulings 4
  • Article   4.10 Penalties 4
  • Article   4.11 Release of Goods 4
  • Article   4.12 Express Shipments 4
  • Article   4.13 Perishable Goods 4
  • Article   4.14 Authorised Economic Operators 4
  • Article   4.15 Border Agency Cooperation 4
  • Article   4.16 Appeal and Review 4
  • Article   4.17 Customs Cooperation 4
  • Article   4.18 Rules of Origin and Customs and Trade Facilitation Sub-Committee 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 Contact Points and Cooperation 5
  • Article   5.5 Dispute Settlement 5
  • Chapter   6 SANITARY AND PHYTOSANITARY MEASURES 5
  • Article   6.1 Definitions 5
  • Article   6.2 Objectives 5
  • Article   6.3 Scope 5
  • Article   6.4 General Provisions 5
  • Article   6.5 Contact Points and Competent Authorities 5
  • Article   6.6 Equivalence 5
  • Article   6.7 Adaptation to Regional Conditions, Including Pest- or Disease- Free Areas and Areas of Low Pest or Disease Prevalence 5
  • Article   6.8 Emergency Measures 5
  • Article   6.9 Transparency and Exchange of Information 5
  • Article   6.10 Technical Consultations 5
  • Article   6.11 Cooperation 5
  • Article   6.12 Sanitary MOU and Sanitary and Phytosanitary MOU 5
  • Article   6.13 Sanitary and Phytosanitary Measures Sub-Committee 5
  • Chapter   7 TECHNICAL BARRIERS TO TRADE 5
  • Article   7.1 Definitions 5
  • Article   7.2 Objectives 5
  • Article   7.3 Scope 5
  • Article   7.4 Affirmation of the TBT Agreement 5
  • Article   7.5 International Standards 5
  • Article   7.6 Technical Regulations 5
  • Article   7.7 Conformity Assessment Procedures 5
  • Article   7.8 Cooperation 5
  • Article   7.9 Transparency 6
  • Article   7.10 Contact Points 6
  • Article   7.11 Information Exchange and Technical Discussions 6
  • Article   7.12 Halal 6
  • Chapter   8 INVESTMENT FACILITATION 6
  • Article   8.1 UAE - New Zealand Investment Agreement 6
  • Article   8.2 Promotion of Investment 6
  • Article   8.3 Facilitation of Investment 6
  • Article   8.4 Investment and the Environment 6
  • Article   8.5 Dispute Settlement 6
  • Chapter   9 TRADE IN SERVICES 6
  • Article   9.1 Definitions 6
  • Article   9.2 Scope and Coverage 6
  • Article   9.3 Schedules of Specific Commitments 6
  • Article   9.4 Most-Favoured Nation Treatment 6
  • Article   9.5 Market Access 6
  • Article   9.6 National Treatment 6
  • Article   9.7 Additional Commitments 6
  • Article   9.8 Modification of Schedules 6
  • Article   9.9 Domestic Regulation 7
  • Article   9.10 Recognition 7
  • Article   9.11 Payments and Transfers 7
  • Article   9.12 Monopolies and Exclusive Service Suppliers 7
  • Article   9.13 Business Practices 7
  • Article   9.14 Denial of Benefits 7
  • Article   9.15 Review 7
  • Article   9.16 Annexes 7
  • ANNEX 9-A  FINANCIAL SERVICES 7
  • ANNEX 9-C   NEW ZEALAND - SCHEDULE OF SPECIFIC COMMENTS 7
  • ANNEX 9-D   UNITED ARAB EMIRATES – SCHEDULE OF SPECIFIC COMMITMENTS 8
  • ANNEX 9-E   UAE MOST-FAVOURED-NATION TREATMENT SECTORAL COVERAGE ANNEX 8
  • Chapter   10 DIGITAL TRADE 8
  • Article   10.1 Definitions 8
  • Article   10.2 Objectives 8
  • Article   10.3 General Provisions 8
  • Article   10.4 Customs Duties 8
  • Article   10.5 Non-Discriminatory Treatment of Digital Products 8
  • Article   10.6 Information and Communication Technology That Uses Cryptography 8
  • Article   10.7 Domestic Electronic Transactions Framework 9
  • Article   10.8 Authentication 9
  • Article   10.9 Paperless Trading 9
  • Article   10.10 Online Consumer Protection 9
  • Article   10.11 Personal Data Protection 9
  • Article   10.12 Principles on Access to and Use of the Internet for Digital Trade 9
  • Article   10.13 Unsolicited Commercial Electronic Messages 9
  • Article   10.14 Cross-Border Flow of Information 9
  • Article   10.15 Location of Computing Facilities 9
  • Article   10.16 Open Data 9
  • Article   10.17 Digital Government 9
  • Article   10.18 Digital and Electronic Invoicing 9
  • Article   10.19 Electronic Payments 9
  • Article   10.20 Digital Identities 9
  • Article   10.21 Cooperation 9
  • Article   10.22 Digital Inclusion 10
  • Chapter   11 GOVERNMENT PROCUREMENT 10
  • Article   11.1 General 10
  • Article   11.2 Definitions 10
  • Article   11.3 Scope 10
  • Article   11.4 Exceptions 10
  • Article   11.5 General Principles 10
  • Article   11.6 Publication of Procurement Information 10
  • Article   11.7 Notice of Procurement 10
  • Article   11.8 Conditions for Participation 10
  • Article   11.9 Qualification of Suppliers 10
  • Article   11.10 Limited Tendering 11
  • Article   11.11 Negotiations 11
  • Article   11.12 Technical Specifications 11
  • Article   11.13 Tender Documentation 11
  • Article   11.14 Time Periods 11
  • Article   11.15 Treatment of Tenders and Awarding of Contracts 11
  • Article   11.16 Transparency and Post-Award InformationInformation Provided to Suppliers 11
  • Article   11.17 Disclosure of Information 11
  • Article   11.18 Ensuring Integrity In Procurement Practices 11
  • Article   11.19 Domestic Review 11
  • Article   11.20 Modifications and Rectifications of Annex 11
  • Article   11.21 Facilitation of Participation by SMEs 11
  • Article   11.22 Financial Obligations 11
  • Article   11.23 Language 11
  • Chapter   12 COMPETITION 12
  • Article   12.1 Objective 12
  • Article   12.2 Competition Authorities 12
  • Article   12.3 General Provisions 12
  • Article   12.4 Competition Laws and Authorities 12
  • Article   12.5 Procedural Fairness 12
  • Article   12.6 Cooperation 12
  • Article   12.7 Disclosure of Information 12
  • Article   12.8 Consultation 12
  • Article   12.9 Dispute Settlement 12
  • Chapter   13 INTELLECTUAL PROPERTY 12
  • Section   A GENERAL PROVISIONS 12
  • Article   13.1 Definitions 12
  • Article   13.2 Objectives 12
  • Article   13.3 Principles 12
  • Article   13.4 Nature and Scope of Obligations 12
  • Article   13.5 International Agreements 12
  • Article   13.6 Intellectual Property and Public Health 12
  • Article   13.7 National Treatment 12
  • Article   13.8 Transparency 12
  • Article   13.9 Application of Chapter to Existing Subject Matter and Prior Acts 12
  • Article   13.10 Exhaustion of Intellectual Property Rights 12
  • Section   B COOPERATION 12
  • Article   13.11 Cooperation Activities and Initiatives 12
  • Section   C TRADEMARKS 12
  • Article   13.12 Types of Signs Registrable as Trademarks 12
  • Article   13.13 Collective and Certification Marks 12
  • Article   13.14 Use of Identical or Similar Signs 12
  • Article   13.15 Exceptions 12
  • Article   13.16 Well-Known Trademarks 12
  • Article   13.17 Procedural Aspects of Examination, Opposition and Cancellation 12
  • Article   13.18 Electronic Trademarks System 12
  • Article   13.19 Classification of Goods and Services 12
  • Article   13.20 Term of Protection for Trademarks 12
  • Article   13.21 Non-Recordal of a License 12
  • Section   D DOMAIN NAMES 12
  • Article   13.22 Domain Names 12
  • Section   E COUNTRY NAMES 12
  • Article   13.23 Country Names 12
  • Section   F GEOGRAPHICAL INDICATIONS 12
  • Article   13.24 Protection of Geographical Indications (7) 12
  • Article   13.25 Administrative Procedures for the Protection or Recognition of Geographical Indications 12
  • Article   13.26 Date of Protection of a Geographical Indication 12
  • Section   G PATENTS 13
  • Article   13.27 Grace Period 13
  • Article   13.28 Procedural Aspects of Examination, Opposition, Cancellation and Invalidation 13
  • Article   13.29 Amendments, Corrections, and Observations 13
  • Article   13.30 Exceptions 13
  • Section   H INDUSTRIAL DESIGNS 13
  • Article   13.31 Procedural Aspects of Examination, Opposition, Cancellation and Invalidation 13
  • Article   13.32 Amendments, Corrections, and Observations 13
  • Article   13.33 Industrial Design Protection 13
  • Article   13.34 Exceptions 13
  • Section   I GENETIC RESOURCES, TRADITIONAL KNOWLEDGE AND TRADITIONAL CULTURAL EXPRESSIONS 13
  • Article   13.35 Genetic Resources, Traditional Knowledge, and Traditional Cultural Expressions 13
  • Section   J COPYRIGHT AND RELATED RIGHTS 13
  • Article   13.36 General Provision 13
  • Article   13.37 Term of Protection for Copyright and Related Rights 13
  • Article   13.38 Limitations and Exceptions 13
  • Article   13.39 Balance In Copyright and Related Rights Systems 13
  • Article   13.40 Contractual Transfers 13
  • Article   13.41 Obligations Concerning Protection of Rights-Management Information 13
  • Article   13.42 Collective Management 13
  • Section   K ENFORCEMENT 13
  • Article   13.43 General Obligation In Enforcement 13
  • Article   13.44 Border Measures 13
  • Chapter   14 TRADE AND SUSTAINABLE DEVELOPMENT 13
  • Article   14.1 Objectives 13
  • Article   14.2 Context 13
  • Article   14.3 Multilateral Agreements 13
  • Article   14.4 General Provisions 13
  • Article   14.5 Labour Rights 13
  • Article   14.6 Women's Economic Empowerment 13
  • Article   14.7 Climate Change 13
  • Article   14.8 Sustainable Natural Resources 13
  • Article   14.9 Sustainable Agriculture 13
  • Article   14.10 Sustainable Fisheries 13
  • Article   14.11 Sustainable Forestry 14
  • Article   14.12 Resource Efficient and Circular Economy 14
  • Article   14.13 Environmental Goods and Services 14
  • Article   14.14 Eco-labelling 14
  • Article   14.15 Conservation of Biological Diversity 14
  • Article   14.16 Cooperation 14
  • Article   14.17 Contact Points 14
  • Article   14.18 Consultations 14
  • Article   14.19 Dispute Settlement 14
  • Chapter   15 INDIGENOUS PEOPLES ECONOMIC AND TRADE COOPERATION 14
  • Article   15.1 Definitions 14
  • Article   15.2 Objective and Principles 14
  • Article   15.3 Provisions Across the Agreement 14
  • Article   15.4 Cooperation Activities 14
  • Article   15.5 Contact Points 14
  • Article   15.6 Dispute Settlement 14
  • Chapter   16 SMALL AND MEDIUM-SIZED ENTERPRISES 14
  • Article   16.1 General Principles 14
  • Article   16.2 Cooperation to Increase Trade and Investment Opportunities for SMEs 14
  • Article   16.3 Information Sharing 14
  • Article   16.4 Contact Points 14
  • Article   16.5 Dispute Settlement 14
  • Chapter   17 ECONOMIC COOPERATION 14
  • Article   17.1 Objectives 14
  • Article   17.2 Scope 15
  • Article   17.3 Global Supply Chains 15
  • Article   17.4 Priorities and Resources 15
  • Article   175 Cooperative Framework 15
  • Article   17.6 Means of Cooperation 15
  • Article   17.7 Contact Points 15
  • Article   17.8 Dispute Settlement 15
  • Chapter   18 TRANSPARENCY 15
  • Article   18.1 Publication 15
  • Article   18.2 Provision of Information 15
  • Article   18.3 Administrative Proceedings 15
  • Article   18.4 Review and Appeal 15
  • Article   18.5 WTO Transparency Commitments 15
  • Chapter   19 ADMINISTRATION OF THE AGREEMENT 15
  • Article   19.1 Establishment of the Joint Committee 15
  • Article   19.2 Meetings of the Joint Committee 15
  • Article   19.3 Functions of the Joint Committee 15
  • Article   19.4 Establishment of Sub-Committees 15
  • Article   19 Communications 15
  • Article   19.6 General Review 15
  • Chapter   20 DISPUTE SETTLEMENT 15
  • Article   20.1 Objective 15
  • Article   20.2 Cooperation 15
  • Article   20.3 Scope of Application 15
  • Article   20.4 Contact Point 15
  • Article   20.5 Consultations 15
  • Article   20.6 Good Offices, Conciliation or Mediation 15
  • Article   20.7 Establishment of a Panel 15
  • Article   20.8 Composition of a Panel 15
  • Article   20.9 Decision on Urgency 16
  • Article   20.10 Requirements for Panellists 16
  • Article   20.11 Replacement of Panellists 16
  • Article   20.12 Functions of the Panel the Panel: 16
  • Article   20.13 Terms of Reference 16
  • Article   20.14 Rules of Interpretation 16
  • Article   20.15 Procedures of the Panel 16
  • Article   20.16 Receipt of Information 16
  • Article   20.17 Interim Report 16
  • Article   20.18 Final Report 16
  • Article   20.19 Implementation of the Final Report 16
  • Article   20.20 Reasonable Period of Time for Compliance 16
  • Article   20.21 Compliance Review 16
  • Article   20.22 Temporary Remedies In Case of Non-Compliance 16
  • Article   20.23 Review of Any Measure Taken to Comply after the Adoption of Temporary Remedies 16
  • Article   20.24 Suspension and Termination of Proceedings 16
  • Article   20.25 Choice of Forum 16
  • Article   20.26 Remuneration and Expenses 16
  • Article   20.27 Mutually Agreed Solution 16
  • Article   20.28 Time Periods 16
  • Article   20.29 Annexes 16
  • ANNEX 20-A  RULES OF PROCEDURE FOR THE PANEL 16
  • ANNEX 20-B  CODE OF CONDUCT FOR PANELLISTS AND OTHERS ENGAGED IN DISPUTE SETTLEMENT PROCEEDINGS UNDER THIS AGREEMENT (1) 17
  • Chapter   21 EXCEPTIONS 17
  • Article   21.1 General Exceptions 17
  • Article   21.2 Security Exceptions 17
  • Article   21.3 Taxation 17
  • Article   21.4 Tiriti O Waitangi / Treaty of Waitangi 17
  • Article   21.5 Restrictions to Safeguard the Balance of Payments 17
  • Chapter   22 FINAL PROVISIONS 17
  • Article   22.1 Annexes, Side Letters, and Footnotes 17
  • Article   22.2 Amendments 17
  • Article   22.3 Accession 17
  • Article   22.4 Termination 17
  • Article   22.5 Entry Into Force 17
  • Article   22.6 Authentic Texts 17