EU - Iraq Cooperation Agreement (2012)
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Article 55. Transparency of Procurement Information

1. A procuring entity shall promptly inform participating suppliers of the entity's contract award decisions and, on request, shall do so in writing. Subject to paragraphs 2 and 3 of Article 56, a procuring entity shall, on request, provide an unsuccessful supplier with an explanation of the reasons why the entity did not select its tender and the relative advantages of the successful supplier's tender. 

2. Not later than 72 days after the award of each contract covered by this Chapter, a procuring entity shall publish a notice in the appropriate paper or electronic medium listed in Appendix III. Where only an electronic medium is used, the information shall remain readily available for a reasonable period of time. The notice shall include at least the information set out in Appendix VII of ANNEX 1 to this Agreement.

Article 56. Disclosure of Information

1. On request of the other Party, the Party shall provide promptly any information necessary to determine whether the procurement was conducted fairly, impartially and in accordance with the Chapter, including information on the characteristics and relative advantages of the successful tender. In cases where release of this information would prejudice competition in future tenders, the Party that receives that information shall not disclose it to any supplier, except after consultation with, and agreement of, the Party that provided the information.

2. Notwithstanding any other provision of this Chapter, a Party, including its procuring entities, shall not provide to any supplier information that might prejudice fair competition between suppliers.

3. Nothing in this Chapter shall be construed to require a Party, including its procuring entities, authorities and review bodies, to disclose confidential information where disclosure would impede law enforcement; might prejudice fair competition between suppliers; would prejudice the legitimate commercial interests of particular persons, including the protection of intellectual property; or would otherwise be contrary to the public interest.

Article 57. Domestic Review Procedures

1. Each Party shall provide a timely, effective, transparent and non-discriminatory administrative or judicial review procedure through which a supplier may challenge:

(a) a breach of this Chapter; or

(b) where the supplier does not have a right to challenge directly a breach of the Chapter under the domestic law of the Party, a failure to comply with a Party's measures implementing this Chapter, arising in the context of a covered procurement, in which the supplier has, or has had, an interest. The procedural rules for all challenges shall be in writing and made generally available.

2. In the event of a complaint by a supplier, arising in the context of covered procurement in which the supplier has, or has had, an interest, that there has been a breach or a failure as set out in paragraph 1, the Party concerned shall encourage its procuring entity and the supplier to seek resolution of the complaint through consultation. The procuring entity shall accord impartial and timely consideration to any such complaint in a manner that is not prejudicial to the supplier's participation in ongoing or future procurement or right to seek corrective measures under the administrative or judicial review procedure.

3. Each supplier shall be allowed a sufficient period of time to prepare and submit a challenge, which in no case be less than ten days from the time when the basis of the challenge became known or reasonably should have become known to the supplier.

4. Each Party shall establish or designate at least one impartial administrative or judicial authority that is independent of its procuring entities to receive and review a challenge by a supplier arising in the context of a covered procurement.

5. Where a body other than an authority referred to in paragraph 4 initially reviews a challenge, the Party shall ensure that the supplier may appeal the initial decision to an impartial administrative or judicial authority that is independent of the procuring entity whose procurement is the subject of the challenge. A review body that is not a court shall either be subject to judicial review or have procedural guarantees that provide for:

(a) the procuring entity shall respond in writing to the challenge and disclose all relevant documents to the review body;

(b) the participants to the proceedings (hereinafter referred to as "participants") shall have the right to be heard prior to a decision of the review body being made on the challenge;

(c) the participants shall have the right to be represented and accompanied;

(d) the participants shall have access to all proceedings;

(e) the participants shall have the right to request that the proceedings take place in public and that witnesses may be present; and

(f) decisions or recommendations relating to challenges by suppliers shall be provided, in a timely fashion, in writing, with an explanation of the basis for each decision or recommendation.

6. Each Party shall adopt or maintain procedures that provide for:

(a) prompt interim measures to preserve the supplier's opportunity to participate in the procurement. Such interim measures may result in suspension of the procurement process.

The procedures may provide that overriding adverse consequences for the interests concerned, including the public interest, may be taken into account when deciding whether such measures should be applied. The case for not acting shall be provided in writing; and

(b) where a review body had determined that there has been a breach or a failure as set out in paragraph 1, corrective action or compensation for the loss or damages suffered, which may be limited to either the costs for the preparation of the tender or the costs relating to the challenge, or both.

Article 58. Further Negotiations

1. The Parties will review annually the effective operation of this Chapter and the mutual opening of procurement markets. In no later than one year from the entry into force of this Agreement the Parties will enter into negotiations for the extension of the list(s) of covered entities in Sub-Annex 1 and Sub-Annex 2 of Appenix 1 of ANNEX 1 to this Agreement.

2. Iraq will in the context of the WTO accession negotiations acknowledge its commitment for accession to the plurilateral Agreement on Government Procurement (hereinafter referred to as the "GPA").

Article 59. Asymmetrical Regime and Transitional Measures

Taking into account the development, financial and trade needs, Iraq will benefit from the following transitional measure:

(a) Iraq may provide for a temporary price preference programme consisting of a price differential of 5 % for goods and services and 10 % for works, applicable to supplies and services from purely Iraqis suppliers.

(b) The price preference programme will be phased-out within ten years from the entry into force of this Agreement.

Chapter III. Intellectual Property Protection

Article 60. Nature and Scope of Obligations

1. Pursuant to the provisions of this Article and of ANNEX 2 to this Agreement, Iraq shall adopt, within five years of the entry into force of the Agreement, legislation in order to ensure adequate and effective protection of intellectual, industrial and commercial property rights 1 according to the highest international standards including the rules set by the Agreement on Trade-Related Aspects of Intellectual Property Rights, contained in Annex 1C to the WTO Agreement (hereinafter referred to as the "TRIPS Agreement"), as well as effective means of enforcing such rights.

2. Within three years of the entry into force of the Agreement, Iraq shall accede to the multilateral conventions on intellectual, industrial and commercial property rights referred to in paragraph 2 of ANNEX 2 to this Agreement to which Member States are parties or which are de facto applied by Member States according to the relevant provisions contained in these conventions.

For the purpose of this Agreement, intellectual property rights includes copyright, including copyright in computer programs and in databases, sui generis rights for non original databases, and rights related to copyright, rights related to patents, trademarks, trade names in so far as these are protected as exclusive property rights in the domestic law concerned, designs, layout-designs (topographies) of integrated circuits, geographical indications, including designations of origin, indications of source, plant varieties, protection of undisclosed information and the protection against unfair competition as referred to in Article 10bis of the Paris Convention for the Protection of Industrial Property (Stockholm Act 1967).

3. Within three years of the entry into force of the Agreement, Iraq shall comply with the multilateral conventions on intellectual, industrial and commercial property rights referred to in paragraph 3 of ANNEX 2 to this Agreement to which one or several Member States are parties or which are de facto applied by one or several Member States according to the relevant provisions contained in these conventions.

4. The implementation of this Article and of ANNEX 2 to this Agreement shall be regularly reviewed by the Parties. In preparing its legislation or if problems in the area of intellectual, industrial and commercial property affecting trading conditions were to occur, urgent consultations will be undertaken, at the request of either Party, with a view to reaching mutually satisfactory solutions. In no later than three years from the entry into force of this Agreement, the Parties will enter into negotiations for more detailed IPR provisions.

5. Each Party shall accord to the national of the other Party treatment no less favourable than that it accords to its own nationals with regard to the protection of intellectual property rights, subject to the exceptions already provided for in the international instruments which are included or may be included from time to time in ANNEX 2 to this Agreement and as of the moment in which they are ratified by that Party. 

6. From the entry into force of this Agreement, Iraq shall grant to companies and national of the Union, in respect of the recognition and protection of intellectual, industrial and commercial property, treatment no less favourable than that granted by it to any third country under bilateral agreements.

Section VI. Dispute Settlement

Chapter 1. Objective and Scope

Article 61. Objective

The objective of this Section is to avoid and settle any dispute between the Parties with a view to arrive at, where possible, a mutually agreed solution.

Article 62. Scope

This Section applies with respect to any dispute concerning the interpretation and application of the provisions of Title II of this Agreement, except as otherwise expressly provided.

Chapter 2. Consultations

Article 63. Consultations

1. The Parties shall endeavour to resolve any dispute regarding the interpretation and application of the provisions referred to in Article 62 by entering into consultations in good faith with the aim of reaching a prompt, equitable and mutually agreed solution.

2. A Party shall seek consultations by means of a written request to the other Party, copied to the Cooperation Committee, identifying any measure at issue and the provisions referred to in Article 62 that it considers applicable.

3. Consultations shall be held within 30 days of the date of the submission of the request and take place, unless the Parties agree otherwise, on the territory of the Party complained against. The consultations shall be deemed concluded within 30 days of the date of the submission of the request, unless both Parties agree to continue consultations. All information disclosed during the consultations shall remain confidential.

4. Consultations on matters of urgency, including those regarding perishable or seasonal goods shall be held within 15 days of the date of the submission of the request, and shall be deemed concluded within 15 days of the date of the submission of the request.

5. If consultations are not held within the timeframes laid down in paragraph 3 or in paragraph 4 respectively, or if consultations have been concluded and no agreement has been reached on a mutually agreed solution, the complaining Party may request the establishment of an arbitration panel in accordance with Article 64.

Chapter III. Dispute Settlement Procedures

Article 64. Initiation of the Arbitration Procedure

1. Where the Parties have failed to resolve the dispute by recourse to consultations as provided for in Article 63, the complaining Party may request the establishment of an arbitration panel.

2. The request for the establishment of an arbitration panel shall be made in writing to the Party complained against and the Cooperation Committee. The complaining Party shall identify in its request the specific measure at issue, and it shall explain how such measure constitutes a breach of the provisions referred to in Article 62 in a manner sufficient to present the legal basis for the complaint.

Article 65. Establishment of the Arbitration Panel

1. An arbitration panel shall be composed of three arbitrators.

2. Within ten days of the date of the submission of the request for the establishment of an arbitration panel to the Cooperation Committee, the Parties shall consult in order to reach an agreement on the composition of the arbitration panel.

3. In the event that the Parties are unable to agree on its composition within the time frame laid down in paragraph 2, either party may request the chair of the Cooperation Committee, or the chair's delegate, to select all three members by lot from the list established under Article 78, one among the individuals proposed by the complaining Party, one among the individuals proposed by the Party complained against and one among the individuals selected by the Parties to act as chairperson. Where the Parties agree on one or more of the members of the arbitration panel, any remaining members shall be selected by the same procedure in the applicable list of panellists.

4. The chair of the Cooperation Committee, or the chair's delegate, shall select the arbitrators within five days of the request referred to in paragraph 3 by either Party and in the presence of a representative of each Party.

5. The date of establishment of the arbitration panel shall be the date on which the three arbitrators are selected.

6. Should any of the lists provided for in Article 78 not be established at the time a request is made pursuant to paragraph 3 the three arbitrators shall be drawn by lot from the individuals which have been formally proposed by one or both of the Parties.

Article 66. Interim Panel Report

The arbitration panel shall issue an interim report to the Parties setting out its findings of the facts, the applicability of relevant provisions and the basic rationale behind any findings and recommendations that it makes, not later than 90 days from the date of establishment of the arbitration panel. Any Party may submit a written request for the arbitration panel to review precise aspects of the interim report within 15 days of its notification. The findings of the final panel ruling shall include a sufficient motivation of the arguments made at the interim review stage, and shall answer clearly to the questions and observations of the two Parties.

Article 67. Arbitration Panel Ruling

1. The arbitration panel shall notify its ruling to the Parties and to the Cooperation Committee within 120 days from the date of the establishment of the arbitration panel. Where it considers that this deadline cannot be met, the chairperson of the arbitration panel must notify the Parties and the Cooperation Committee in writing, stating the reasons for the delay and the date on which the panel plans to conclude its work. Under no circumstances should the ruling be notified later than 150 days from the date of the establishment of the arbitration panel.

2. In cases of urgency, including those involving perishable or seasonal goods, the arbitration panel shall make every effort to notify its ruling within 60 days from the date of its establishment. Under no circumstances should it take longer than 75 days from its establishment. The arbitration panel may give a preliminary ruling within 10 days of its establishment on whether it deems the case to be urgent.

Article 68. Compliance with the Arbitration Panel Ruling

Each Party shall take any measure necessary to comply in good faith with the arbitration panel ruling, and the Parties shall endeavour to agree on the period of time to comply with the ruling.

Article 69. The Reasonable Period of Time for Compliance

1. No later than 30 days after the notification of the arbitration panel ruling to the Parties, the Party complained against shall notify the complaining Party and the Cooperation Committee of the time it will require for compliance (hereinafter referred to as "reasonable period of time") if immediate compliance is not possible.

2. If there is disagreement between the Parties on the reasonable period of time to comply with the arbitration panel ruling, the complaining Party shall, within 20 days of the notification made under paragraph 1 by the Party complained against, request in writing the original arbitration panel to determine the length of the reasonable period of time. Such request shall be notified simultaneously to the other Party and to the Cooperation Committee. The arbitration panel shall notify its ruling to the Parties and to the Cooperation Committee within 20 days from the date of the submission of the request.

3. In the event of the original arbitration panel, or some of its members, being unable to reconvene, the procedures set out in Article 65 shall apply. The time limit for notifying the ruling shall be 35 days from the date of the submission of the request referred to in paragraph 2. 4

4. The reasonable period of time may be extended by mutual agreement of the Parties.

Article 70. Review of Any Measure Taken to Comply with the Arbitration Panel Ruling

1. The Party complained against shall notify the complaining Party and the Cooperation Committee before the end of the reasonable period of time of any measure that it has taken to comply with the arbitration panel ruling.

2. In the event that there is disagreement between the Parties concerning the existence or the consistency of any measure notified under paragraph 1, with the provisions referred to in Article 62, the complaining Party may request in writing the original arbitration panel to rule on the matter. Such request shall identify the specific measure at issue and it shall explain how such measure is incompatible with the provisions referred to in Article 62. The arbitration panel shall notify its ruling within 45 days of the date of the submission of the request.

3. In the event of the original arbitration panel, or some of its members, being unable to reconvene, the procedures set out in Article 65 shall apply. The time limit for notifying the ruling shall be 60 days from the date of the submission of the request referred to in paragraph 2.

Article 71. Temporary Remedies In Case of Non-compliance

1. If the Party complained against fails to notify any measure taken to comply with the arbitration panel ruling before the expiry of the reasonable period of time, or if the arbitration panel rules that the measure notified under paragraph 1 of Article 70 is inconsistent with that Party's obligations under the provisions referred to in Article 62, the Party complained against shall, if so requested by the complaining Party, present an offer for temporary compensation.

2. If no agreement on compensation is reached within 30 days of the end of the reasonable period of time or of the arbitration panel ruling under Article 70 that a measure taken to comply is inconsistent with the provisions referred to in Article 62, the complaining Party shall be entitled, upon notification to the Party complained against and to the Cooperation Committee, to suspend obligations arising from any provision referred to in Article 62 at a level equivalent to the nullification or impairment caused by the violation. The complaining Party may implement the suspension 10 days after the date of the notification, unless the Party complained against has requested arbitration under paragraph 3.

3. If the Party complained against considers that the level of suspension is not equivalent to the nullification or impairment caused by the violation, it may request in writing the original arbitration panel to rule on the matter. Such request shall be notified to the complaining Party and to Cooperation Committee before the expiry of the 10 day period referred to in paragraph 2. The original arbitration panel shall notify its ruling on the level of the suspension of obligations to the Parties and to the Cooperation Committee within 30 days of the date of the submission of the request. Obligations shall not be suspended until the original arbitration panel has notified its ruling, and any suspension shall be consistent with the arbitration panel ruling.

4. In the event of the original arbitration panel, or some of its members, being unable to reconvene, the procedures laid down in Article 65 shall apply. The period for notifying the ruling shall be 45 days from the date of the submission of the request referred to in paragraph 3.

5. The suspension of obligations shall be temporary and shall be applied only until any measure found to be inconsistent with the provisions referred to in Article 62 has been withdrawn or amended so as to bring it into conformity with those provisions, as established under Article 72, or until the Parties have agreed to settle the dispute.

Article 72. Review of Any Measure Taken to Comply after the Suspension of Obligations

1. The Party complained against shall notify the complaining Party and the Cooperation Committee of any measure it has taken to comply with the ruling of the arbitration panel and of its request for an end to the suspension of obligations applied by the complaining Party.

2. If the Parties do not reach an agreement on the compatibility of the notified measure with the provisions referred to in Article 62 within 30 days of the date of the submission of the notification, the complaining Party shall request in writing the original arbitration panel to rule on the matter. Such request shall be notified simultaneously to the Party complained against and to the Cooperation Committee. The arbitration panel ruling shall be notified to the Parties and to the Cooperation Committee within 45 days of the date of the submission of the request. If the arbitration panel rules that any measure taken to comply is in conformity with the provisions referred to in Article 62, the suspension of obligations shall be terminated

3. In the event of the original arbitration panel, or some of its members, being unable to reconvene, the procedures laid down in Article 65 shall apply. The period for notifying the ruling shall be 60 days from the date of the submission of the request referred to in paragraph 2.

Article 73. Mutually Agreed Solution

The Parties may reach a mutually agreed solution to a dispute under this Section at any time. They shall notify the Cooperation Committee and the arbitration panel of any such solution. Upon notification of the mutually agreed solution, the panel shall terminate its work and the procedure shall be terminated.

Article 74. Rules of Procedure

1. Dispute settlement procedures under this Section shall be governed by the Rules of Procedure and the Code of Conduct which shall be adopted by the Cooperation Committee.

2. The Parties may decide to modify the Rules of Procedure and the Code of Conduct.

3. Any hearing of the arbitration panel shall be open to the public in accordance with the Rules of Procedure.

Article 75. Information and Technical Advice

At the request of a Party, or upon its own initiative, the arbitration panel may obtain information from any source, including the Parties involved in the dispute, it deems appropriate for the arbitration panel proceeding. The arbitration panel also has the right to seek the relevant opinion of experts as it deems appropriate. Any information obtained in this manner must be disclosed to each of the Parties and submitted for their comments. Interested natural or legal persons established in the Parties' territories are authorised to submit amicus curiae briefs to the arbitration panel in accordance with the Rules of Procedure.

Article 76. Rules of Interpretation

Any arbitration panel shall interpret the provisions referred to in Article 62 in accordance with customary rules of interpretation of public international law, including those codified in the Vienna Convention on the Law of Treaties. The rulings of the arbitration panel cannot add to or diminish the rights and obligations provided in the provisions referred to in Article 62.

Article 77. Arbitration Panel Decisions and Rulings

1. The arbitration panel shall make every effort to take any decision by consensus. Where, nevertheless, a decision cannot be arrived at by consensus, the matter at issue shall be decided by majority vote. However, in no case dissenting opinions of arbitrators shall be published.

2. Any ruling of the arbitration panel shall be binding on the Parties and shall not create any rights or obligations for natural or legal persons. The ruling shall set out the findings of fact, the applicability of the relevant provisions of the Agreement and the basic rationale behind any findings and conclusions that it makes. The Cooperation Committee shall make the arbitration panel rulings publicly available in its entirety unless it decides not to do so in order to ensure the confidentiality of business confidential information.

Chapter IV. General Provisions

Article 78. List of Arbitrators

1. The Cooperation Committee shall, no later than six months after the entry into force of the Agreement, establish a list of 15 individuals who are willing and able to serve as arbitrators. Each of the Parties shall propose five individuals to serve as arbitrators. The two Parties shall also select five individuals that are not nationals of either Party and who shall act as chairperson to the arbitration panel. The Cooperation Committee shall ensure that the list is always maintained at this level.

2. Arbitrators shall have specialised knowledge or experience of law and international trade. They shall be independent, serve in their individual capacities and not take instructions from any organisation or government, or be affiliated with the government of any of the Parties, and shall comply with the Code of Conduct.

Article 79. Relation with Wto Obligations

1. Until Iraq accedes to the WTO, arbitration panels shall adopt an interpretation that is fully consistent with the relevant decisions of the Dispute Settlement Body of the World Trade Organisation when ruling on an alleged violation of a provision of the provisions referred to in Article 62 that incorporates or refers to a provision under the WTO Agreement.

2. Upon the accession of Iraq to the WTO, paragraphs 3 to 6 shall apply.

3. Recourse to the dispute settlement provisions of this Section shall be without prejudice to any action in the WTO framework, including dispute settlement action.

4. However, where a Party has, with regard to a particular measure, instituted a dispute settlement proceeding, either under paragraph 1 of Article 64 of this Agreement or under the WTO Agreement, it may not institute a dispute settlement proceeding regarding the same measure in the other forum until the first proceeding has ended. In addition, a Party shall not seek redress for the breach of an obligation which is identical under the Agreement and under the WTO Agreement in the two fora. In such case, once a dispute settlement proceeding has been initiated, the Party shall not bring a claim seeking redress for the breach of the identical obligation under the other agreement to the other forum, unless the forum selected fails for procedural or jurisdictional reasons to make findings on the claim seeking redress of that obligation.

5. For the purposes of paragraph 4:

(a) dispute settlement proceedings under the WTO Agreement are deemed to be initiated by a Party's request for the establishment of a panel under Article 6 of the DSU and are deemed to be ended when the Dispute Settlement Body adopts the Panel's report, and the Appellate Body's report as the case may be, under Articles 16 and 17(14) of the DSU;

(b) dispute settlement proceedings under this Section are deemed to be initiated by a Party's request for the establishment of an arbitration panel under paragraph 1 of Article 64 and are deemed to be ended when the arbitration panel notifies its ruling to the Parties and to the Cooperation Committee under Article 67.

6. Nothing in this Section shall preclude a Party from implementing the suspension of obligations authorised by the Dispute Settlement Body of the WTO. The WTO Agreement shall not be invoked to preclude a Party from suspending obligations under Title II of this Agreement.

Article 80. Time Limits

1. All time limits laid down in this Section, including the limits for the arbitration panels to notify their rulings, shall be counted in calendar days, the first day being the day following the act or fact to which they refer.

2. Any time limit referred to in this Section may be extended by mutual agreement of the Parties.

Title III. Areas of Cooperation

Article 81. Financial and Technical Assistance

1. In order to achieve the objectives of this Agreement Iraq shall benefit from financial and technical assistance from the Union in the form of grants to accelerate the economic and political transformation of Iraq.

2. This assistance shall be covered within the framework of the Union's development cooperation provided for in the relevant regulations of the European Parliament and of the Council. The objectives and the areas of the Union's assistance shall be laid down in an indicative programme reflecting established priorities to be agreed between the two parties taking into account Iraq's development needs and strategies, sectoral absorption capacities and progress with reform.

3. The Parties shall ensure that technical assistance contributions from the Union are made in close coordination with those from other sources. The Union's development cooperation policy and international action are guided by the United Nations' Millennium Development Goals and the main development objectives and principles in the context of the UN and other competent international organisations. In implementing the Union's development policy, full account shall be taken of the principles of Aid Effectiveness, including the Paris Declaration of 2 March 2005 and the Accra Agenda for Action.

4. Without prejudice to provisions on mutual legal assistance, the Party benefiting from technical or financial assistance shall promptly respond to requests for administrative cooperation by the competent authorities of the other Party, with a view to enhancing the fight against fraud and irregularities in the context of assistance from the Union. 

5. The Government of Iraq shall ensure the appointment of an anti-fraud contact point. This contact point shall be responsible for effective cooperation with the Institutions and bodies of the Union, including the European Court of Auditors and the European Anti-fraud Office, in particular as regards the implementation of their audit and control measures in the field of the protection of the Union's financial interests.

Article 82. Social and Human Development Cooperation

Cooperation in this area will affirm the social dimension of globalisation and recall the link between social development and economic development as well as with environmentally sustainable development. Cooperation will also underline the importance of poverty alleviation, the promotion of human rights and fundamental freedoms for all, including vulnerable groups and displaced and the response to core health, education and employment needs. Cooperation activities in all those areas will notably aim at focusing on capacity and institution building taking into account the principles of inclusiveness, good governance and sound and transparent management.

Article 83. Education, Training and Youth

1. The Parties shall endeavour to promote cooperation in education, training and youth towards mutual benefit, taking into account the availability of resources and promoting gender equality. 2

2. The Parties shall particularly encourage exchanges of information, know-how, students, scholars, technical resources, young people and youth workers and strengthening of capacities, while taking advantage of the facilities offered by the existing cooperation programmes as well as the experience that both Parties have acquired in this area.

3. Both Parties also agree to intensify cooperation between higher education institutions through such means as the Erasmus Mundus programme with the aim of supporting excellence and internationalisation of their education systems.

Article 84. Employment and Social Development

1. The Parties agree to enhance cooperation in the field of employment and social affairs, including cooperation on social cohesion, decent work, health and safety at the workplace labour legislation, social dialogue, human resources development and gender equality, with a view to promote full and productive employment and decent work for all as key elements of sustainable development and poverty reduction.

2. The Parties reaffirm their commitments to promote and effectively implement internationally recognised labour and social standards. The implementation of relevant multilateral social and labour agreements shall be taken into account in all activities undertaken by the Parties under this Agreement.

3. The forms of cooperation may include, inter alia, specific programs and projects, as mutually agreed, as well as dialogue, capacity building, cooperation and initiatives on topics of common interest at bilateral or multilateral level.

4. The Parties agree to involve social partners and other relevant stakeholders in the dialogue and cooperation.

Article 85. Civil Society

The Parties recognise the role and potential contribution of organised civil society, especially academics and links between think-tanks, in the dialogue and cooperation process under this agreement and agree to promote effective dialogue with organised civil society and its effective participation.

Article 86. Human Rights

1. The Parties agree to cooperate in the promotion and effective protection of human rights, including with regard to the ratification and implementation of international human rights instruments and the provision of technical assistance, training and capacity building as appropriate. The parties are aware that the impact of any cooperation and development program will be limited if it does not protect, enhance and respect human rights.

2. Cooperation on human rights may include, inter alia:

(a) strengthening governmental human rights related institutions and non-governmental organisations that are working in this field;

(b) provision of human rights promotion and education at national and local level, especially among public administration, judiciary and law enforcement bodies, with respect to the rights of women and children;

(c) development of the legislation of Iraq in compliance with international humanitarian and human rights law;

(d) cooperation and information exchange within the human rights related institutions of the United Nations;

(e) support to the Government of Iraq's efforts to provide a suitable standard of living to Iraqi citizens and safeguard their political, economic, social, and cultural rights without discrimination;

(f) support to national reconciliation and fight against impunity;

(g) establishment of a comprehensive human rights dialogue.

  • Article   1 Establishment of Partnership 1
  • Article   2 Basis 1
  • Title   I Political Dialogue and Cooperation In the Field of Foreign and Security Policy 1
  • Article   3 Political Dialogue 1
  • Article   4 Combating Terrorism 1
  • Article   5 Countering Proliferation of Weapons of Mass Destruction 1
  • Article   6 Small Arms and Light Weapons 1
  • Article   7 International Criminal Court 1
  • Title   II Trade and Investments 1
  • Section   I Trade In Goods 1
  • Chapter   I General Provisions 1
  • Article   8 Scope and Coverage 1
  • Article   9 Customs Duties 1
  • Article   10 MFN Treatment 1
  • Article   11 National Treatment 1
  • Article   12 Tariff Policy 1
  • Article   13 Application of Relevant Provisions of the GATT 1994 1
  • Article   14 Harmonised Commodity Description 1
  • Article   15 Temporary Admission of Goods 1
  • Article   16 Prohibition of Quantitative Restrictions 1
  • Article   17 Export Duties 1
  • Chapter   II Trade Remedies Instruments 1
  • Article   18 Anti-dumping 1
  • Article   19 Safeguard Measures 1
  • Chapter   III Exceptions 1
  • Article   20 General Exceptions 1
  • Chapter   IV Non-tariff Issues 1
  • Article   21 Industrial Standards and Conformity Assessment, Technical Regulations 1
  • Chapter   V Sanitary and Phytosanitary Measures 2
  • Article   22 Sanitary and Phytosanitary Measures 2
  • Section   II Trade In Services and Establishment 2
  • Article   23 Coverage 2
  • Article   24 Definitions 2
  • Article   25 2
  • Article   26 2
  • Article   27 Other Agreements 2
  • Article   28 Transparency 2
  • Article   29 Exceptions 2
  • Article   30 Security Exceptions 2
  • Article   31 Progressive Liberalisation of Trade In Services and Establishment 2
  • Section   III Provisions Affecting Business and Investment 2
  • Article   32 Encouragement of Investment 2
  • Article   33 Contact Points and Exchange of Information 2
  • Section   IV Current Payments and Capital 2
  • Article   34 Objective and Scope 2
  • Article   35 Current Account 2
  • Article   36 Capital Account 2
  • Article   37 Standstill 2
  • Article   38 Safeguard Measures 2
  • Article   39 Final Provisions 2
  • Section   V Trade-related Issues 2
  • Chapter   I State Trading Enterprises 2
  • Article   40 2
  • Section   II Public Procurement 2
  • Article   41 Introduction 2
  • Article   42 Scope and Coverage 3
  • Article   43 General Principles 3
  • Article   44 Publication of Procurement Information 3
  • Article   45 Publication of Notices 3
  • Article   46 Conditions for Participation 3
  • Article   47 Qualification of Suppliers 3
  • Article   48 Technical Specifications 3
  • Article   49 Tender Documentation 3
  • Article   50 Time Periods 3
  • Article   51 Negotiations 3
  • Article   52 Limited Tendering 3
  • Article   53 Electronic Auctions 3
  • Article   54 Treatment of Tenders and Award of Contracts 3
  • Article   55 Transparency of Procurement Information 4
  • Article   56 Disclosure of Information 4
  • Article   57 Domestic Review Procedures 4
  • Article   58 Further Negotiations 4
  • Article   59 Asymmetrical Regime and Transitional Measures 4
  • Chapter   III Intellectual Property Protection 4
  • Article   60 Nature and Scope of Obligations 4
  • Section   VI Dispute Settlement 4
  • Chapter   1 Objective and Scope 4
  • Article   61 Objective 4
  • Article   62 Scope 4
  • Chapter   2 Consultations 4
  • Article   63 Consultations 4
  • Chapter   III Dispute Settlement Procedures 4
  • Article   64 Initiation of the Arbitration Procedure 4
  • Article   65 Establishment of the Arbitration Panel 4
  • Article   66 Interim Panel Report 4
  • Article   67 Arbitration Panel Ruling 4
  • Article   68 Compliance with the Arbitration Panel Ruling 4
  • Article   69 The Reasonable Period of Time for Compliance 4
  • Article   70 Review of Any Measure Taken to Comply with the Arbitration Panel Ruling 4
  • Article   71 Temporary Remedies In Case of Non-compliance 4
  • Article   72 Review of Any Measure Taken to Comply after the Suspension of Obligations 4
  • Article   73 Mutually Agreed Solution 4
  • Article   74 Rules of Procedure 4
  • Article   75 Information and Technical Advice 4
  • Article   76 Rules of Interpretation 4
  • Article   77 Arbitration Panel Decisions and Rulings 4
  • Chapter   IV General Provisions 4
  • Article   78 List of Arbitrators 4
  • Article   79 Relation with Wto Obligations 4
  • Article   80 Time Limits 4
  • Title   III Areas of Cooperation 4
  • Article   81 Financial and Technical Assistance 4
  • Article   82 Social and Human Development Cooperation 4
  • Article   83 Education, Training and Youth 4
  • Article   84 Employment and Social Development 4
  • Article   85 Civil Society 4
  • Article   86 Human Rights 4
  • Article   87 Industrial and Small and Medium-sized Enterprises Policies Cooperation 5
  • Article   87 Industrial and Small and Medium-sized Enterprises Policies Cooperation 5
  • Article   85 Civil Society 5
  • Article   86 Human Rights 5
  • Article   87 Industrial and Small and Medium-sized Enterprises Policies Cooperation 5
  • Article   88 Cooperation In the Field of Investment 5
  • Article   89 Industrial Standards and Conformity Assessment 5
  • Article   90 Cooperation on Agriculture, Forestry and Rural Development 5
  • Article   91 Energy 5
  • Article   92 Transport 5
  • Article   93 Environment 5
  • Article   94 Telecommunications 5
  • Article   95 Science and Technology 5
  • Article   96 Customs and Tax Cooperation 5
  • Article   97 Statistical Cooperation 5
  • Article   98 Macro-economic Stability and Public Finances 5
  • Article   99 Development of the Private Sector 5
  • Article   100 Tourism 5
  • Article   101 Financial Services 5
  • Title   IV Justice, Freedom and Security 5
  • Article   104 Personal Data Protection 5
  • Article   105 Cooperation on Migration and Asylum 6
  • Article   108 Combating Illicit Drugs 6
  • Article   109 Cultural Cooperation 6
  • Article   110 Regional Cooperation 6
  • Title   V Institutional, General and Final Provisions 6
  • Article   111 Cooperation Council 6
  • Article   112 Cooperation Committee and Specialised Sub-committees 6
  • Article   113 Parliamentary Cooperation Committee 6
  • Article   114 Facilities 6
  • Article   115 Territorial Application 6
  • Article   116 Entry Into Force and Renewal 6
  • Article   117 Provisional Application 6
  • Article   118 Non-discrimination 6
  • Article   119 Evolutive Clause 6
  • Article   120 Other Agreements 6
  • Article   121 Non-execution of Agreement 6
  • Article   122 Definition of the Parties 6
  • Article   123 Authentic Texts 6