(c) development of joint initiatives for managing risks to health, safety, or the environment and preventing deceptive practices; and
(d) exchange of market surveillance information where appropriate.
3. The Parties shall encourage cooperation between their respective organisations responsible for standardisation, conformity assessment, accreditation, and metrology with a view to furthering the objectives of this Chapter.
4. The Parties shall enhance communication and coordination with each other, where appropriate, in discussions on the equivalence of technical regulations and related issues in international fora, such as the WTO Committee on Technical Barriers to Trade.
Article 7.9. Transparency
1, When a proposed technical regulation is notified to the WTO, a Party shall give appropriate consideration to the comments received from the other Party and, upon request of the other Party, provide written responses to the comments made by the other Party.
2. Each Party shall, upon request of the other Party, provide information, including the objective of, and rationale for, a technical regulation or conformity assessment procedure that the Party has adopted or proposes to adopt that may affect the trade between the Parties, within a reasonable period as agreed between the Parties.
3. The Parties shall ensure that all adopted technical regulations and conformity assessment procedures are publicly available.
Article 7.10. Contact Points
1. For the purposes of this Chapter, the Contact Points are:
(a) for the UAE, the Standardisation Affairs Sector, Ministry of Industry and Advanced Technology or its successor; and
(b) for New Zealand, Trade & Supply Chains team, Ministry of Business, Innovation and Employment or its successor.
2. Each Party shall promptly notify the other Party of any change of its Contact Point.
3. The Contact Points shall work jointly to facilitate the implementation of this Chapter, communication and cooperation between the Parties on matters relating to this Chapter.
Article 7.11. Information Exchange and Technical Discussions
1. A Party may request a technical discussion regarding any matter arising under this chapter, with the aim of resolving the matter to the mutual satisfaction of both Parties, by notifying the Contact Points. Each Party shall give positive consideration to such a request.
2. Unless the Parties agree otherwise, the Parties shall endeavour to hold technical discussions within 60 days of the request for technical discussions, and by any agreed method. The Parties shall endeavour to resolve the matter as expeditiously as possible.
3. If the requesting Party considers that the matter is urgent, it may request that any discussions commence within a shorter timeframe. In that case, the responding Party shall give positive consideration to this request.
4. Any information or explanation that a Party provides upon request of the other Party under this Chapter shall be provided in print or electronically within a reasonable period. Each Party shall endeavour to respond to such a request within 60 days.
Article 7.12. Halal
The Parties agree to strengthen cooperation between their respective competent authorities on halal-quality infrastructure, as well as any other form of cooperation as may be agreed between the Parties.
Chapter 8. INVESTMENT FACILITATION
Article 8.1. UAE - New Zealand Investment Agreement
The Parties acknowledge that, in addition to the provisions set out in this Chapter, they have concluded, concurrently with this Agreement, the Agreement between the Government of the United Arab Emirates and the Government of New Zealand for the Promotion and Protection of Investments ("UAE - New Zealand Investment Agreement").
Article 8.2. Promotion of Investment
The Parties affirm their desire to promote an attractive investment climate and expand trade in goods and services. In this regard, the Parties shall endeavour to take appropriate measures to promote an attractive investment climate, including by:
(a) encouraging investments between the Parties, especially those that will support decarbonisation efforts and the development of clean technologies;
(b) encouraging investment in partnership with Maori;
(c) promoting cooperation with relevant government agencies to expand opportunities for business and industry; and
(d) conducting information exchanges on other issues of mutual interest relating to investment opportunities between the Parties.
Article 8.3. Facilitation of Investment
1. Subject to its laws and regulations, each Party shall endeavour to secure favourable conditions necessary to facilitate long-term investment relationships between the Parties, including by:
(a) ensuring that all relevant measures of general application with respect to matters within the scope of this chapter are administered in a reasonable and impartial manner;
(b) ensuring that all relevant measures of general application with respect to matters within the scope of this chapter are promptly published, or otherwise made publicly available; and
(c) otherwise promoting the dissemination of investment information, including investment policies, procedures and informational materials.
2. To the extent possible, subject to its laws and regulations, a Party's activities under paragraph 1 may include providing voluntary assistance, in resolving difficulties experienced by investors of the other Party impacting their covered investments.
3. The Parties shall endeavour to facilitate meetings between their respective competent authorities aimed at exchanging knowledge and approaches to better facilitate investment in priority sectors and support the development of clean technologies. This includes the exchange of knowledge and approaches to engaging and partnering with Maori.
Article 8.4. Investment and the Environment
1. The Parties recall the provisions of Chapter 14 (Trade and Sustainable Development) that are applicable to promoting mutually supportive investment and environmental outcomes. The Parties shall endeavour to enhance their respective capacities to address investment-related environmental issues, including through cooperation.
2. The Parties further recall that such provisions include those applicable to:
(a) maintaining and enforcing domestic environmental law and policies;
(b) recognising that it is inappropriate to weaken or reduce the protection of environmental law to encourage investment;
(c) affirming commitments under multilateral environmental agreements to which they are party,
(d) supporting the transition to low carbon and climate resilient economies; and
(e) encouraging investment in environmental goods and services as a means of improving environmental and economic performance, supporting inclusive economic growth, contributing to clean growth, and addressing global environmental challenges.
Article 8.5. Dispute Settlement
Neither Party shall have recourse to dispute settlement under Chapter 20 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 9. TRADE IN SERVICES
Article 9.1. Definitions
For the purposes of this Chapter:
aircraft repair and maintenance services means such activities when undertaken on an aircraft or a part thereof while the aircraft is withdrawn from service and does not include so-called line maintenance;
airport operation and management services mean the supply of air terminal, airfield and other airport infrastructure operation services on a fee or contract basis. Airport operation services do not include air navigation services;
commercial presence means any type of business or professional establishment through:
(a) the constitution, acquisition, or maintenance of a juridical person; or
(b) the creation or maintenance of a branch or representative office; within the territory of a Party for the purpose of supplying a service;
computer reservation system services mean services provided by computerised systems that contain information about air carriers' schedules, availability, fares, and fare rules, through which reservations can be made or tickets may be issued;
ground handling services mean the supply at an airport, on a fee or contract basis, of the following: airline representation, administration and supervision; passenger handling; baggage handling; ramp services; catering (except the preparation of the food); air cargo and mail handling; fueling of an aircraft; aircraft servicing and cleaning; surface transport; and flight operations, crew administration and flight planning. Ground handling services do not include self-handling; security; line maintenance; aircraft repair and maintenance; or management or operation of essential centralised airport infrastructure such as de-icing facilities, fuel distribution systems, baggage handling systems, and fixed intra-airport transport systems;
juridical person means any legal entity duly constituted or otherwise organised under applicable law, whether for profit or otherwise, and whether privately-owned or governmentally-owned, including any corporation, trust/fund, partnership, joint venture, sole proprietorship, or association;
juridical person of a Party means a juridical person which is either:
(a) constituted or otherwise organised under the law of that Party, and is engaged in substantive business operations in the territory of that Party: or
(b) in the case of the supply of a service through commercial presence, owned or controlled by:
(i) natural persons of that Party; or
(ii) juridical persons of that other Party identified under subparagraph (a).
a juridical person is:
(a) "owned" by persons of a Party if more than 50 percent of the equity interest in it is beneficially owned by persons of that Party;
(b) "controlled" by persons of a Party if such persons have the power to name a majority of its directors or otherwise to legally direct its actions; or
(c) "affiliated" with another person when it controls, or is controlled by, that other person; or when it and the other person are both controlled by the same person;
measure means any measure by a Party, whether in the form ofa law, regulation, rule, procedure, decision, administrative action, or any other form;
measures by Parties mean measures taken by:
(a) central, regional or local governments or authorities; and
(b) non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities;
measures by Parties affecting trade in services include measures in respect of:
(a) the purchase or use of, or payment for, a service;
(b) the access to and use of, in connection with the supply of a service, services which are required by a Party to be offered to the public generally; and
(c) the presence, including commercial presence, of persons of a Party for the supply of a service in the territory of the other Party;
monopoly supplier of a service means any person, public or private, which in the relevant market of the territory of a Party is authorised or established formally or in effect by that Party as the sole supplier of that service;
natural person means:
(a) for the UAE a national or a permanent resident (1);
(b) for New Zealand, a citizen of New Zealand under its laws or a natural person who has the right of permanent residence in New Zealand;
sector of a service means:
(a) with reference to a specific commitment, one or more, or all, subsectors of that service, as specified in a Party's Schedule; or
(b) otherwise, the whole of that service sector, including all of its subsectors;
selling and marketing of air transport services mean opportunities for the air carrier concerned to sell and market freely its air transport services including all aspects of marketing such as market research, advertising and distribution. These activities do not include the pricing of air transport services nor the applicable conditions;
services include any service in any sector except services supplied in the exercise of governmental authority;
service consumer means any person that receives or uses a service; service of the other Party means a service which is supplied:
(a) from or in the territory of that Party, or in the case of maritime transport, by a vessel registered under the laws of that Party, or by a person of that Party which supplies the service through the operation of a vessel or its use in whole or in part; or
(b) in the case of the supply ofa service through commercial presence or through the presence of natural persons, by a service supplier of a Party;
service supplied in the exercise of governmental authority means any service which is supplied neither on a commercial basis nor in competition with one or more service suppliers;
service supplier means any person of a Party that seeks to supply or supplies a service; (2)
supply of a service includes the production, distribution, marketing, sale, and delivery of a service;
trade in services means the supply of a service:
(a) from the territory of a Party into the territory of the other Party;
(b) in the territory of a Party to the service consumer of the other Party;
(c) by aservice supplier of a Party, through commercial presence in the territory of the other Party;
(d) by a service supplier of a Party, through presence of natural persons of a Party in the territory of the other Party;
traffic rights means the rights for scheduled and non-scheduled services to operate 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 Parties affecting trade in services.
2. 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; and
(d) measures affecting natural persons of a Party seeking access to the employment market of the other Party, or measures regarding citizenship, residence or employment on a permanent basis.
(e) measures affecting air traffic rights however granted, 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) specialty air services;
(v) airport operation and management services; or
(vi) ground-handling services.
3. Nothing in this Chapter shall prevent a Party from applying measures to regulate the entry of natural persons into, or their temporary stay in, its territory, including those measures necessary to protect the integrity of, and to ensure the orderly movement of natural persons across, its borders, provided that such measures are not applied in such a manner as to nullify or impair the benefits accruing to any Party under the terms of a specific commitment (3).
Article 9.3. Schedules of Specific Commitments
1. Each Party shall set out in its Schedule of Specific Commitments, the specific commitments it undertakes in accordance with Articles 9.5, 9.6, and 9.7.
2. With respect to sectors where such commitments are undertaken, each Schedule 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;
(d) where appropriate, the timeframe for implementation of such commitments; and
(e) where appropriate, the date of entry into force of such commitments.
3. Measures inconsistent with both Articles 9.5 and 9.6 shall be inscribed in the column relating to Article 9.5. In this case, the inscription will be considered to provide a condition or qualification to Article 9.6 as well.
4. The Parties' Schedules of Specific Commitments are set forth in Annex 9C and Annex 9D.
Article 9.4. Most-Favoured Nation Treatment
1. In respect of the services sectors listed for each Party in its Most Favoured Nation Sectoral Coverage Appendix (Annex 9E), and subject to any conditions and qualifications set out therein, each Party shall 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. Notwithstanding paragraph 1, 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 free trade agreement or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement.
3. For greater certainty, paragraph 2 includes, in respect of agreements on the liberalisation of trade in goods or services or investment, any measures taken as part of a wider process of economic integration or trade liberalisation between the parties to such an agreement.
4. For sectors and subsectors not set out in a Party's Most-Favoured-Nation Treatment Sectoral Coverage Appendix (Annex 9-E) pursuant to paragraph 1, 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 to services or service suppliers of that non-party treatment 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 9.5. Market Access
1. With respect to market access through the modes of supply identified in the definition of "trade in services" contained in Article 9.2, each Party 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 of Specific Commitments. (4)
2. In sectors where market access commitments are undertaken, the measures which a Party shall not maintain or adopt, either on the basis of a regional subdivision or on the basis of its entire territory, unless otherwise specified in its Schedule of Specific Commitments, are defined as:
(a) limitations on:
(i) the number of service suppliers whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirements of an economic needs test;
(ii) the total value of service transactions or assets in the form of numerical quotas or the requirement of an economic needs test;
(iii) 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; (5)
(iv) 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 ofa specific service in the form of numerical quotas or the requirement of an economic needs test; and
(v) the participation of foreign capital in terms of maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment; and
(b) measures which restrict or require specific types of legal entity or joint venture through which a service supplier may supply a service.
Article 9.6. National Treatment
1, With respect to the services sectors inscribed in its Schedule of Specific Commitments, and subject to any conditions and qualifications set out therein, each Party 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. (6)
2. A Party may meet the requirement in paragraph 1 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.
3. Formally identical or formally different treatment by a Party shall be considered to be less favourable if it modifies the conditions of competition in favour of services or service suppliers of that Party compared to the like service or service suppliers of the other Party.
Article 9.7. Additional Commitments
The Parties may negotiate commitments with respect to measures affecting trade in services not subject to scheduling under Articles 9.5 and 9.6, including those regarding qualification, standards, or licensing matters. Such commitments shall be inscribed in a Party's Schedule of Specific Commitments.
Article 9.8. Modification of Schedules
Upon written request by a Party, the Parties shall hold consultations to consider any modification or withdrawal of a specific commitment in the requesting Party's Schedule of Specific Commitments. The consultations shall be held within three months of the requesting Party making its request. In the consultations, the Parties shall aim to ensure that a general level of mutually advantageous commitments no less favourable to trade than that provided for in the Schedule of Specific Commitments prior to such consultations is maintained. Modifications of Schedules are subject to any procedures adopted by the Joint Committee established in Chapter 19 (Administration of the Agreement).