Australia - United Kingdom FTA (2021)
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2. Notwithstanding paragraph 1, a Party may apply a measure that limits the technologies that a supplier of public telecommunications networks or services may use to supply its services, provided that the measure is designed to achieve a legitimate public policy interest and is not adopted or applied in a manner that creates unnecessary obstacles to trade in services.

3. If a Party finances the development of advanced networks, (6) it may make its financing conditional on the use of technologies that meet its legitimate public policy interests.

(6) For greater certainty, "advanced networks" includes broadband networks.

Article 12.20. Resolution of Telecommunications Disputes

Each Party shall ensure that:

(a) suppliers of public telecommunications networks or services of the other Party have timely recourse to a telecommunications regulatory authority or judicial authority of the Party to consider and, to the extent provided for in its laws and regulations, to resolve a dispute regarding the Party's measures relating to the obligations contained in this Chapter;

(b) in the event of a dispute referred to in subparagraph (a), the telecommunications regulatory authority or judicial authority of the Party:

(i) issues a binding decision to resolve a dispute;

(ii) provides a supplier that is a party to the dispute with the reasons for its decision; and

(iii) make its decision publicly available to the extent provided for in its laws and regulations;

(c) notwithstanding subparagraph (b), if the telecommunications regulatory authority of the Party declines to initiate an action on a request to resolve a dispute, it provides the supplier of the other Party that is a party to the dispute with the reasons for its decision;

(d) a supplier of public telecommunications networks or services of the other Party aggrieved by a decision of the telecommunications regulatory authority has the right to appeal that decision to a judicial authority. That appeal shall not constitute grounds for noncompliance by that supplier with the decision, unless its relevant authority determines otherwise.

(e) in the hearing of an appeal by a judicial authority referred to in subparagraph (d):

(i) a supplier that is a party to the appeal has a reasonable opportunity to obtain sufficient information to form informed views on the issues to be determined in the appeal and to provide those views to the judicial authority;

(ii) the judicial authority takes into account views provided by that supplier; and

(iii) the judicial authority makes available to that supplier its decision and the reasons on which the decision is based; and

(f) a supplier of public telecommunications services of the other Party that has requested interconnection with a major supplier in the Party's territory may seek review, within a reasonable and publicly specified period of time after the supplier requests interconnection, by its telecommunications regulatory authority to resolve a dispute regarding the terms, conditions, and rates for interconnection with that major supplier.

Article 12.21. Transparency

1. Further to Chapter 28 (Transparency and Anti-Corruption), each Party shall endeavour to ensure that:

(a) telecommunications service suppliers are provided with adequate advance notice of, and opportunity to comment on, a regulatory decision of general application that its telecommunications regulatory authority proposes; and

(b) suppliers of public telecommunications networks or services of the other Party are, on request, provided with a clear and detailed explanation of the reasons for a decision to deny access of the kind specified in Article 12.5 (Access to Essential Facilities and Unbundled Network Elements) and Article 12.10 (Interconnection with Major Suppliers) where that decision is made, approved, endorsed, or authorised by the Party.

2. Further to Chapter 28 (Transparency and Anti-Corruption), each Party shall ensure that its measures relating to public telecommunications networks or services are made publicly available, including:

(a) tariffs and other terms and conditions of service;

(b) specifications of technical interfaces;

(c) conditions for attaching terminal or other equipment to the public telecommunications network;

(d) notification, permit, registration, or licensing requirements, if any;

(e) general procedures relating to resolution of telecommunications disputes provided for in Article 12.20 (Resolution of Telecommunications Disputes); and

(f) information on bodies responsible for preparing, amending, and adopting standards-related measures.

Article 12.22. Enforcement

Each Party shall provide its telecommunications regulatory authority with the authority to enforce the Party's measures relating to the obligations in Article 12.4 (Access and Use), Article 12.5 (Access to Essential Facilities and Unbundled Network Elements), Article 12.6 (Resale), Article 12.7 (Competitive Safeguards), Article 12.8 (Treatment by Major Suppliers), Article 12.9 (Interconnection with Suppliers), Article 12.10 (Interconnection with Major Suppliers), Article 12.11 (Number Portability), Article 12.12 (Access to Numbers), Article 12.14 (Submarine Cable Landing Stations and Systems), and Article 12.17 (Licensing and Authorisation Process). That authority shall be exercised transparently, in a timely manner, and include the ability to impose, or seek from administrative or judicial bodies, effective sanctions, which may include financial penalties, injunctive relief (on an interim or final basis), or the modification, suspension, or revocation of licences.

Article 12.23. Relation to International Organisations

The Parties recognise the importance of international standards for global compatibility and interoperability of telecommunications networks and services and undertake to promote those standards through the work of relevant international organisations.

Article 12.24. Cooperation

1. The Parties recognise the transformational impact of communications networks, infrastructure, and technologies (including those that are new and emerging), and the importance of these technologies to the Parties’ respective economies and societies.

2. Accordingly, each Party shall take measures to:

(a) encourage a diverse and competitive market for telecommunications services and networks in its territory; and

(b) protect the security and integrity of its telecommunications infrastructure.

3. The Parties shall endeavour to:

(a) exchange information on the opportunities and challenges associated with communication networks, infrastructure, and technologies; and

(b) work together in regional and multilateral fora to promote a shared approach to these opportunities and challenges.

Article 12.25. Confidentiality

Each Party shall ensure, in accordance with its laws and regulations, the confidentiality of telecommunications and related traffic data (7) of users over public telecommunications networks and services without unduly restricting trade in services.

(7) For the purposes of this Article, "traffic data" means any data processed for the purpose of transmitting a communication over a public telecommunications network or service, and includes data relating to the duration or time of the communication, or the location from which the communication was made.

Chapter 13. INVESTMENT

Article 13.1. Definitions

For the purposes of this Chapter:

"activities carried out in the exercise of governmental authority" means activities carried out neither on a commercial basis nor in competition with one or more economic operators;

"enterprise" means an enterprise as defined in Article 1.4 (General Definitions - Initial Provisions and General Definitions), and a branch of an enterprise;

"enterprise of a Party" means:

(a) an enterprise, as defined in Article 1.4 (General Definitions - Initial Provisions and General Definitions), constituted or organised under the law of that Party, or a branch located in the territory of that Party, (1) and carrying out substantial business activities in the territory of that Party; or

(b) an enterprise, as defined in Article 1.4 (General Definitions - Initial Provisions and General Definitions), constituted or organised under the law of that Party and directly or indirectly owned or controlled by a national of that Party or by an enterprise referred to in subparagraph (a);

"freely usable currency" means "freely usable currency" as determined by the International Monetary Fund under the Articles of Agreement of the International Monetary Fund done at Bretton Woods on 22 July 1944 ("IMF Articles of Agreement");

"investment" means every asset that an investor owns or controls, directly or indirectly, that has the characteristics of an investment, including such characteristics as the commitment of capital or other resources, the expectation of gain or profit, or the assumption of risk. Forms that an investment may take include:

(a) an enterprise;

(b) shares, stock, and other forms of equity participation in an enterprise;

(c) bonds, debentures, other debt instruments, and loans; (2) (3)

(d) futures, options, and other derivatives;

(e) turnkey, construction, management, production, concession, revenue-sharing, and other similar contracts;

(f) intellectual property rights;

(g) licences, authorisations, permits, and similar rights conferred pursuant to the Party’s law; (4) and

(h) other tangible or intangible, movable or immovable property, and related property rights, such as leases, mortgages, liens, and pledges,

but investment does not mean an order or judgment entered in a judicial or administrative action;

"investor of a non-Party" means, with respect to a Party, an investor that attempts to make, (5) is making, or has made an investment in the territory of that Party, that is not an investor of the other Party;

"investor of a Party" means a Party, or a national or an enterprise of a Party, that attempts to make, is making, or has made an investment in the territory of the other Party.

(1) For greater certainty, the inclusion of a "branch" in the definitions of "enterprise" and "enterprise of a Party" is without prejudice to a Party's ability to treat a branch under its law as an entity that has no independent legal existence and is not separately organised.
(2) Some forms of debt, such as bonds, debentures, and long-term notes, are more likely to have the characteristics of an investment, while other forms of debt, such as claims to payment that are immediately due and result from the sale of goods or services, are less likely to have such characteristics.
(3) A loan issued by a Party to the other Party is not an investment.
(4) Whether a particular type of licence, authorisation, permit, or similar instrument (including a concession to the extent that it has the nature of such an instrument) has the characteristics of an investment depends on such factors as the nature and extent of the rights that the holder has under the Party's law. Among such instruments that do not have the characteristics of an investment are those that do not create any rights protected under the Party's law. For greater certainty, the foregoing is without prejudice to whether any asset associated with such instruments has the characteristics of an investment.
(5) For greater certainty, the Parties understand that, for the purposes of the definitions of "investor of a non-Party" and "investor of a Party", an investor "attempts to make" an investment when that investor has taken concrete action or actions to make an investment, such as channelling resources or capital in order to set up a business, or applying for a permit or licence.

Article 13.2. Scope

1. This Chapter applies to measures adopted or maintained by a Party relating to:

(a) investors of the other Party;

(b) covered investments; and

(c) with respect to Article 13.11 (Performance Requirements), Article 13.17 (Investment and Environmental, Health, and other Regulatory Objectives), Article 13.18 (Investment and Environment), and Article 13.19 (Corporate Social Responsibility), all investments in the territory of that Party.

2. A Party's obligations under this Chapter apply to measures adopted or maintained by:

(a) the central, regional, or local governments or authorities of that Party; and

(b) any person, including a state enterprise or any other body, when it exercises any governmental authority delegated to it by central, regional, or local governments or authorities of that Party. (6)

3. For greater certainty, this Chapter does not bind a Party in relation to an act or fact that took place or a situation that ceased to exist before the date of entry into force of this Agreement.

4. With respect to the establishment, expansion or acquisition of an investment, Article 13.4 (Market Access), Article 13.5 (National Treatment), Article 13.6 (Most-Favoured-Nation Treatment), Article 13.11 (Performance Requirements), and Article 13.12 (Senior Management and Boards of Directors) do not apply to activities carried out in the exercise of governmental authority.

5. Article 13.4 (Market Access), Article 13.5 (National Treatment), Article 13.6 (Most-Favoured-Nation Treatment), Article 13.11 (Performance Requirements), and Article 13.12 (Senior Management and Boards of Directors) do not apply to audio-visual services.

6. In the event of any inconsistency between this Chapter and a bilateral, plurilateral, or multilateral air services agreement to which both Parties are party, the air services agreement shall prevail in determining the rights and obligations of the Parties.

7. If the Parties have the same obligations under this Agreement and a bilateral, plurilateral, or multilateral air services agreement, a Party may invoke the dispute settlement procedures of this Agreement only after any dispute settlement procedures in the other agreement have been exhausted.

(6) For greater certainty, governmental authority is delegated under the Party's law, including through a legislative grant or a government order, directive, or other action transferring or authorising the exercise of governmental authority.

Article 13.3. Relation to other Chapters

1. In the event of any inconsistency between this Chapter and another Chapter of this Agreement, the other Chapter shall prevail to the extent of the inconsistency.

2. A requirement of a Party that a service supplier of the other Party post a bond or other form of financial security as a condition for the cross- border supply of a service does not of itself make this Chapter applicable to measures adopted or maintained by the Party relating to such cross-border supply of the service. This Chapter applies to measures adopted or maintained by the Party relating to the posted bond or financial security, to the extent that the bond or financial security is a covered investment.

3. This Chapter does not apply to measures adopted or maintained by a Party to the extent that they are covered by Chapter 9 (Financial Services).

Article 13.4. Market Access

1. Neither Party shall adopt or maintain, with respect to market access through the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of any investment in its territory by an investor of the other Party, either on the basis of its entire territory or on the basis of the territory of a central, regional, or local level of government, a measure (7) that:

(a) imposes limitations on:

(i) the number of enterprises that may carry out a specific economic activity whether in the form of numerical quotas, monopolies, exclusive suppliers, or the requirement of an economic needs test;

(ii) the total value of transactions or assets in the form of numerical quotas or the requirement of an economic needs test; (8)

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

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

(v) the total number of natural persons that may be employed ina particular sector or that an enterprise may employ and who are necessary for, and directly related to, the performance of economic activity in the form of numerical quotas or the requirement of an economic needs test; or

(b) requires that an economic activity is carried out through a specific type of legal entity or by a joint venture.

(7) This paragraph does not prohibit measures which apply to a specific site or a particular limited area within the territory of a Party.
(8) Sub-paragraphs 1(a)(i) through (iii) do not cover measures taken in order to limit the production of an agricultural good.

Article 13.5. National Treatment  (9)

1. Each Party shall accord to investors of the other Party treatment no less favourable than that it accords, in like circumstances, to its own investors with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments in its territory.

2. Each Party shall accord to covered investments treatment no less favourable than that it accords, in like circumstances, to investments in its territory of its own investors with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments.

3. For greater certainty, the treatment to be accorded by a Party under paragraphs 1 and 2 means, with respect to a regional level of government, treatment no less favourable than the most favourable treatment accorded, in like circumstances, by that regional level of government to investors, and to investments of investors, of the Party of which it forms a part.

(9) For greater certainty, whether treatment is accorded in "like circumstances" under Article 13.5 (National Treatment) or Article 13.6 (Most-Favoured-Nation Treatment) depends on the totality of the circumstances, including whether the relevant treatment distinguishes between investors or investments on the basis of legitimate public welfare objectives.

Article 13.6. Most-Favoured-Nation Treatment

1. Each Party shall accord to investors of the other Party treatment no less favourable than that it accords, in like circumstances, to investors of a non-Party with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments in its territory.

2. Each Party shall accord to covered investments treatment no less favourable than that it accords, in like circumstances, to investments in its territory of investors of a non-Party with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments. (10)

3. For greater certainty, the treatment referred to in this Article does not encompass international dispute resolution procedures or mechanisms.

(10) For greater certainty, paragraphs 1 and 2 do not cover treatment accorded by the United Kingdom to investors (and to their investments) of territories for whose international relations the United Kingdom is responsible.

Article 13.7. Minimum Standard of Treatment  (11)

1. Each Party shall accord to covered investments treatment in accordance with applicable customary international law principles, including fair and equitable treatment and full protection and security.

2. For greater certainty, paragraph 1 prescribes the customary international law minimum standard of treatment of aliens as the standard of treatment to be afforded to covered investments. The concepts of "fair and equitable treatment" and "full protection and security" do not require treatment in addition to or beyond that which is required by that standard, and do not create additional substantive rights. The obligation in paragraph 1 to provide:

(a) "fair and equitable treatment" includes the obligation not to deny justice in criminal, civil, or administrative adjudicatory proceedings in accordance with the principle of due process embodied in the principal legal systems of the world; and

(b) "full protection and security" requires each Party to provide the level of police protection required under customary international law.

3. A determination that there has been a breach of another provision of this Agreement, or of a separate international agreement, does not establish that there has been a breach of this Article.

4. For greater certainty, the mere fact that a Party takes or fails to take an action that may be inconsistent with an investor's expectations does not constitute a breach of this Article, even if there is loss or damage to the covered investment as a result.

5. For greater certainty, the mere fact that a subsidy or grant has not been issued, renewed or maintained, or has been modified or reduced, by a Party, does not constitute a breach of this Article, even if there is loss or damage to the covered investment as a result.

(11) Article 13.7 (Minimum Standard of Treatment) shall be interpreted in accordance with Annex 13A (Customary International Law).

Article 13.8. Treatment In Case of Armed Conflict or Civil Strife

1. Notwithstanding subparagraph 6(b) of Article 13.13 (Non-Conforming Measures), each Party shall accord to investors of the other Party and to covered investments non-discriminatory treatment with respect to measures it adopts or maintains relating to losses suffered by investments in its territory owing to armed conflict or civil strife.

2. Notwithstanding paragraph 1, if an investor of a Party, in a situation referred to in paragraph 1, suffers a loss in the territory of the other Party resulting from:

(a) requisitioning of its covered investment or part thereof by the latter’s forces or authorities; or

(b) destruction of its covered investment or part thereof by the latter's forces or authorities, which was not required by the necessity of the situation,

the latter Party shall provide the investor restitution, compensation, or both, as appropriate, for that loss.

3. Paragraph 1 shall not apply to existing measures relating to subsidies or grants that would be inconsistent with Article 13.5 (National Treatment) but for subparagraph 6(b) of Article 13.13 (Non- Conforming Measures).

Article 13.9. Expropriation and Compensation  (12)

1. Neither Party shall expropriate or nationalise a covered investment either directly or indirectly through measures equivalent to expropriation or nationalisation (expropriation), except:

(a) for a public purpose; (13)

(b) in a non-discriminatory manner;

(c) on payment of prompt, adequate, and effective compensation in accordance with paragraphs 2 through 4; and

(d) in accordance with due process of law.

2. Compensation shall:

(a) be paid without delay;

(b) be equivalent to the fair market value of the expropriated investment immediately before the expropriation took place (the date of expropriation);

(c) not reflect any change in value occurring because the intended expropriation had become known earlier; and

(d) be fully realisable and freely transferable.

3. If the fair market value is denominated in a freely usable currency, the compensation paid shall be no less than the fair market value on the date of expropriation, plus interest at a commercially reasonable rate for that currency, accrued from the date of expropriation until the date of payment.

4. If the fair market value is denominated in a currency that is not freely usable, the compensation paid, converted into the currency of payment at the market rate of exchange prevailing on the date of payment, shall be no less than:

(a) the fair market value on the date of expropriation, converted into a freely usable currency at the market rate of exchange prevailing on that date; plus

(b) interest, at a commercially reasonable rate for that freely usable currency, accrued from the date of expropriation until the date of payment.

5. This Article does not apply to the issuance of compulsory licences granted in relation to intellectual property rights in accordance with the TRIPS Agreement, or to the revocation, limitation, or creation of intellectual property rights, to the extent that the issuance, revocation, limitation, or creation is consistent with Chapter 15 (Intellectual Property) and the TRIPS Agreement. (14)

6. For greater certainty, a Party's decision not to issue, renew, or maintain a subsidy or grant, or decision to modify or reduce a subsidy or grant,

(a) in the absence of any specific commitment under law or contract to issue, renew, or maintain that subsidy or grant; or

(b) in accordance with any terms or conditions attached to the issuance, renewal, modification, reduction, and maintenance of that subsidy or grant,

standing alone, does not constitute an expropriation.

(12) Article 13.9 (Expropriation and Compensation) shall be interpreted in accordance with Annex 13B (Expropriation).
(13) For greater certainty, for the purposes of this Article, the term "public purpose" refers to a concept in customary international law. Domestic law may express this or a similar concept by using different terms, such as "public necessity", "public interest", or "public use".
(14) For greater certainty, the Parties recognise that, for the purposes of this Article, the term "revocation" of intellectual property rights includes the cancellation or nullification of those tights, and the term "limitation" of intellectual property rights includes exceptions to those rights.

Article 13.10. Transfers

1. Each Party shall permit all transfers relating to a covered investment to be made freely and without delay into and out of its territory. Such transfers include:

(a) contributions to capital; (15)

  • Chapter   1 INITIAL PROVISIONS AND GENERAL DEFINITIONS 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 Relation to other Agreements 1
  • Article   1.3 Laws and Regulations and Their Amendments 1
  • Article   1.4 General Definitions 1
  • Chapter   2 TRADE IN GOODS 1
  • Article   2.1 Definitions 1
  • Article   2.2 Scope 1
  • Article   2.3 National Treatment 1
  • Article   2.4 Classification of Goods 1
  • Article   2.5 Treatment of Customs Duties 1
  • Article   2.6 Goods Re-entered after Repair or Alteration 1
  • Article   2.7 Application of Non-Tariff Measures 1
  • Article   2.8 Technical Consultations on Non-Tariff Measures 1
  • Article   2.9 Import and Export Restrictions 2
  • Article   2.10 Import Licensing 2
  • Article   2.11 Administrative Fees and Formalities 2
  • Article   2.12 Export Duties, Taxes or other Charges 2
  • Article   2.13 Export Subsidies 2
  • Article   2.14 Export Licensing 2
  • Article   2.15 Remanufactured Goods 2
  • Article   2.16 Committee on Trade In Goods 2
  • Chapter   3 TRADE REMEDIES 2
  • Section   A General Provisions 2
  • Article   3.1 Definitions 2
  • Section   B Anti-dumping and Countervailing Measures 2
  • Article   3.2 General Provision 2
  • Article   3.3 Investigations 2
  • Article   3.4 Lesser-duty Rule 2
  • Section   C Global Safeguard Measures 2
  • Article   3.5 General Provisions and Transparency 2
  • Section   D Bilateral Safeguard Measures 2
  • Article   3.6 Application of a Bilateral Safeguard Measure 2
  • Article   3.7 Duration and Scope 2
  • Article   3.8 Investigation Procedure 2
  • Article   3.9 Notification and Consultation 2
  • Article   3.10 Provisional Application of a Bilateral Safeguard Measure 2
  • Article   3.11 Compensation 2
  • Article   3.12 Non-cumulation 2
  • Article   3.13 Non-application of Dispute Settlement 2
  • Chapter   4 RULES OF ORIGIN AND ORIGIN PROCEDURES 2
  • Section   A Rules of Origin 2
  • Article   4.1 Definitions 2
  • Article   4.2 Origin Criteria 2
  • Article   4.3 Wholly Obtained or Produced Goods 3
  • Article   4.4 Regional Value Content 3
  • Article   4.5 Materials Used In Production 3
  • Article   4.6 Value of Materials Used In Production 3
  • Article   4.7 Further Adjustments to the Value of Materials 3
  • Article   4.8 Recovered Materials and Remanufactured Goods 3
  • Article   4.9 Accumulation 3
  • Article   4.10 Tolerance 3
  • Article   4.11 Fungible Goods or Materials 3
  • Article   4.12 Accessories, Spare Parts, Tools, and Instructional or other Information Materials 3
  • Article   4 Packaging Materials and Containers for Retail Sale 3
  • Article   4.14 Packing Materials and Containers for Shipment 3
  • Article   4.15 Indirect Materials 3
  • Article   4.16 Sets of Goods 3
  • Article   4.17 Non-Alteration 3
  • Section   B Origin Procedures 3
  • Article   4.18 Claims for Preferential Tariff Treatment 3
  • Article   4.19 Basis of a Declaration of Origin or Importer's Knowledge 3
  • Article   4.20 Discrepancies 3
  • Article   4.21 Waiver of Declaration of Origin 3
  • Article   4.22 Obligations Relating to Importation 3
  • Article   4.23 Record Keeping Requirements 3
  • Article   4.24 Verification of Origin 4
  • Article   4.25 Determinations on Claims for Preferential Tariff Treatment 4
  • Article   4.26 Refunds and Claims for Preferential Tariff Treatment after Importation 4
  • Article   4.27 Penalties 4
  • Article   4.28 Confidentiality 4
  • Section   C Other Matters 4
  • Article   4.29 Working Group on Rules of Origin and Customs and Trade Facilitation 4
  • Chapter   5 CUSTOMS PROCEDURES AND TRADE FACILITATION 4
  • Article   5.1 Definitions 4
  • Article   5.2 Scope 4
  • Article   5.3 Customs Procedures and Facilitation of Trade 4
  • Article   5.4 Data, Documentation and Automation 4
  • Article   5.5 Transparency and Publication 4
  • Article   5.6 Simplified Customs Procedures 4
  • Article   5.7 Expedited Shipments 4
  • Article   5.8 Release of Goods 4
  • Article   5.9 Risk Management 5
  • Article   5.10 Advance Rulings 5
  • Article   5.11 Customs Valuation 5
  • Article   5.12 Review and Appeal 5
  • Article   5.13 Penalties 5
  • Article   5.14 Customs Cooperation 5
  • Article   5.15 Single Window 5
  • Article   5.16 Transit and Transhipment 5
  • Article   5.17 Post-clearance Audit 5
  • Article   5.18 Customs Brokers 5
  • Article   5.19 Temporary Admission of Goods 5
  • Article   5.20 Perishable Goods 5
  • Article   5.21 Confidentiality 5
  • Article   5.22 Working Group on Rules of Origin and Customs and Trade Facilitation 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 Affirmation of the SPS Agreement 5
  • Article   6.5 Science and Risk Assessment 5
  • Article   6.6 Adaption to Regional Conditions 5
  • Article   6.7 Equivalence 5
  • Article   6.8 Trade Conditions 5
  • Article   6.9 Audit and Verification 5
  • Article   6.10 Certification 6
  • Article   6.11 Import Checks and Fees 6
  • Article   6.12 Emergency SPS Measures 6
  • Article   6.13 Cooperation 6
  • Article   6.14 Transparency, Notification and Information Exchange 6
  • Article   6.15 Technical Consultations 6
  • Article   6.16 Committee on SPS Measures 6
  • Article   6.17 Competent Authorities and Contact Points 6
  • Article   6.18 Non-Application of Dispute Settlement 6
  • Chapter   7 TECHNICAL BARRIERS TO TRADE 6
  • Article   7.1 Definitions 6
  • Article   7.2 Objective 6
  • Article   7.3 Scope 6
  • Article   7.4 Affirmation of the TBT Agreement 6
  • Article   7.5 Technical Regulations 6
  • Article   7.6 International Standards, Guides, and Recommendations 6
  • Article   7.7 Conformity Assessment Procedures 6
  • Article   7.8 Marking and Labelling 6
  • Article   7.9 Transparency 6
  • Article   7.10 Cooperation and Trade Facilitation 6
  • Article   7.11 Information Exchange 6
  • Article   7.12 Committee on Technical Barriers to Trade 6
  • Article   7.13 Contact Points 6
  • Article   7.14 Dispute Settlement 6
  • Article   7.15 Annex 6
  • Chapter   8 CROSS-BORDER TRADE IN SERVICES 6
  • Article   8.1 Definitions 6
  • Article   8.2 Scope 7
  • Article   8.3 National Treatment  (5) 7
  • Article   8.4 Most-Favoured-Nation Treatment 7
  • Article   8.5 Market Access 7
  • Article   8.6 Local Presence 7
  • Article   8.7 Non-Conforming Measures 7
  • Article   8.8 Domestic Regulation 7
  • Article   8.9 Recognition 7
  • Article   8.10 Denial of Benefits 7
  • Article   8.11 Transparency 7
  • Article   8.12 Payments and Transfers 8
  • Article   8.13 Committee on Services and Investment 8
  • Chapter   9 FINANCIAL SERVICES 8
  • Article   9.1 Definitions 8
  • Article   9.2 Scope 8
  • Article   9.3 Prudential Exception 8
  • Article   9.4 Specific Exceptions 8
  • Article   9.5 National Treatment  (4) 8
  • Article   9.6 Market Access 8
  • Article   9.7 Local Presence 8
  • Article   9.8 Most-Favoured-Nation Treatment 8
  • Article   9.9 Senior Management and Boards of Directors 8
  • Article   9.10 Non-Conforming Measures 9
  • Article   9.11 Transparency 9
  • Article   9.12 Financial Data and Information  (17) 9
  • Article   9.13 Payment and Clearing 9
  • Article   9.14 Performance of Back-Office Functions 9
  • Article   9.15 Self-Regulatory Organisations 9
  • Article   9.16 Electronic Payments 9
  • Article   9.17 Financial Services New to the Territory of a Party 9
  • Article   9.18 Financial Services New to the Territories of Both Parties 9
  • Article   9.19 Sustainable Finance 9
  • Article   9.20 Recognition of Prudential Measures 9
  • Article   9.21 Institutional Provisions 9
  • Article   9.22 Consultations 9
  • Article   9.23 Dispute Settlement 9
  • Article   9.24 Financial Services Regulatory Cooperation 9
  • ANNEX 9A  Cross-Border Trade in Financial Services 9
  • ANNEX 9B  Authorities Responsible for Financial Services 10
  • ANNEX 9C  Financial Services Regulatory Cooperation 10
  • Article   9C.1 Objectives of Regulatory Cooperation 10
  • Article   9C.2 Scope of Regulatory Cooperation 10
  • Article   9C.3 Principles of Regulatory Cooperation 10
  • Article   9C.4 Joint Financial Regulatory Forum 10
  • Article   9C.5 Framework for Regulatory Cooperation 10
  • Article   9C.6 Mediation 10
  • Article   9C.7 Termination of Deference 10
  • Article   9C.8 Emerging Issues 10
  • Article   9C.9 Non-Application of Dispute Settlement 11
  • Chapter   10 PROFESSIONAL SERVICES AND RECOGNITION OF PROFESSIONAL QUALIFICATIONS 11
  • Article   10.1 Definitions 11
  • Article   10.2 Scope 11
  • Article   10.3 Objectives 11
  • Article   10.4 General Principles for Professional Services 11
  • Article   10.5 Recognition of Professional Qualifications 11
  • Article   10.6 Professional Services Working Group 11
  • Article   10.7 Legal Services 11
  • Article   10.8 Legal Services Regulatory Dialogue 11
  • Chapter   11 TEMPORARY ENTRY FOR BUSINESS PERSONS 11
  • Article   11.1 Definitions 11
  • Article   11.2 Scope 11
  • Article   11.3 Application Procedures 11
  • Article   11.4 Grant of Temporary Entry 11
  • Article   11.5 Provision of Information 11
  • Article   11.6 Relation to other Chapters 11
  • Article   11.7 Dispute Settlement 11
  • Article   11.8 Cooperation on Return and Readmissions 11
  • Chapter   12 TELECOMMUNICATIONS 12
  • Article   12.1 Definitions 12
  • Article   12.2 Scope 12
  • Article   12.3 Approaches to Regulation 12
  • Article   12.4 Access and Use 12
  • Article   12.5 Access to Essential Facilities and Unbundled Network Elements 12
  • Article   12.6 Resale 12
  • Article   12.7 Competitive Safeguards 12
  • Article   12.8 Treatment by Major Suppliers 12
  • Article   12.9 Interconnection with Suppliers 12
  • Article   12.10 Interconnection with Major Suppliers 12
  • Article   12.11 Number Portability 12
  • Article   12.12 Access to Numbers 12
  • Article   12.13 International Mobile Roaming 12
  • Article   12.14 Submarine Cable Landing Stations and Systems 12
  • Article   12.15 Independent Regulatory Authorities 12
  • Article   12.16 Universal Service 12
  • Article   12.17 Licensing and Authorisation Process 12
  • Article   12.18 Scarce Resources 12
  • Article   12.19 Flexibility In the Choice of Technology 12
  • Article   12.20 Resolution of Telecommunications Disputes 13
  • Article   12.21 Transparency 13
  • Article   12.22 Enforcement 13
  • Article   12.23 Relation to International Organisations 13
  • Article   12.24 Cooperation 13
  • Article   12.25 Confidentiality 13
  • Chapter   13 INVESTMENT 13
  • Article   13.1 Definitions 13
  • Article   13.2 Scope 13
  • Article   13.3 Relation to other Chapters 13
  • Article   13.4 Market Access 13
  • Article   13.5 National Treatment  (9) 13
  • Article   13.6 Most-Favoured-Nation Treatment 13
  • Article   13.7 Minimum Standard of Treatment  (11) 13
  • Article   13.8 Treatment In Case of Armed Conflict or Civil Strife 13
  • Article   13.9 Expropriation and Compensation  (12) 13
  • Article   13.10 Transfers 13
  • Article   13.11 Performance Requirements 14
  • Article   13.12 Senior Management and Boards of Directors 14
  • Article   13.13 Non-Conforming Measures 14
  • Article   13.14 Subrogation 14
  • Article   13.15 Special Formalities and Information Requirements 14
  • Article   13.16 Denial of Benefits  (23) 14
  • Article   13.17 Investment and Environmental, Health, and other Regulatory Objectives 14
  • Article   13.18 Investment and the Environment 14
  • Article   13.19 Corporate Social Responsibility 14
  • ANNEX 13A  CUSTOMARY INTERNATIONAL LAW 14
  • ANNEX 13B  EXPROPRIATION 14
  • ANNEX 13C  FOREIGN INVESTMENT FRAMEWORK 14
  • Chapter   14 DIGITAL TRADE 14
  • Article   14.1 Definitions 14
  • Article   14.2 Scope and General Provisions 14
  • Article   14.3 Customs Duties 15
  • Article   14.4 Domestic Electronic Transactions Framework 15
  • Article   14.5 Conclusion of Contracts by Electronic Means 15
  • Article   14.6 Electronic Authentication and Electronic Trust Services 15
  • Article   14.7 Digital Identities 15
  • Article   14.8 Paperless Trading 15
  • Article   14.9 Electronic Invoicing 15
  • Article   14.10 Cross-Border Transfer of Information by Electronic Means 15
  • Article   14.11 Location of Computing Facilities 15
  • Article   14.12 Personal Information Protection 15
  • Article   14.13 Open Government Data 15
  • Article   14.14 Data Innovation 15
  • Article   14.15 Open Internet Access 15
  • Article   14.16 Online Consumer Protection 15
  • Article   14.17 Unsolicited Commercial Electronic Messages 15
  • Article   14.18 Source Code 15
  • Article   14.19 Commercial Information and Communication Technology Products That Use Cryptography 15
  • Article   14.20 Cybersecurity 15
  • Article   14.21 Cooperation 15
  • Chapter   15 INTELLECTUAL PROPERTY 16
  • Section   A General Provisions 16
  • Article   15.1 Definitions 16
  • Article   15.2 Objectives 16
  • Article   15.3 Principles 16
  • Article   15.4 Understandings In Respect of this Chapter 16
  • Article   15.5 Nature and Scope of Obligations 16
  • Article   15.6 Understandings Regarding Certain Public Health Measures 16
  • Article   15.7 International Agreements 16
  • Article   15.8 National Treatment 16
  • Article   15.9 Transparency 16
  • Article   15.10 Application of Chapter to Existing Subject Matter and Prior Acts 16
  • Article   15.11 Exhaustion of Intellectual Property Rights 16
  • Article   15.12 Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions 16
  • Section   B Cooperation 16
  • Article   15.13 Contact Points for Cooperation 16
  • Article   15.14 Cooperation 16
  • Article   15.15 Committee on Intellectual Property Rights 16
  • Article   15.16 Patent Cooperation and Work Sharing 16
  • Article   15.17 Public Domain 16
  • Article   15.18 Cooperation In the Area of Traditional Knowledge Associated with Genetic Resources 16
  • Article   15.19 Cooperation on Request 17
  • Section   C Trade Marks 17
  • Article   15.20 Types of Signs Registrable as Trade Marks 17
  • Article   15.21 Collective and Certification Marks 17
  • Article   15.22 Rights Conferred 17
  • Article   15.23 Exceptions 17
  • Article   15.24 Well-Known Trade Marks 17
  • Article   15.25 Procedural Aspects of Examination, Opposition and Cancellation 17
  • Article   15.26 Bad Faith Applications 17
  • Article   15.27 Electronic Trade Marks Systems 17
  • Article   15.28 Term of Protection for Trade Marks 17
  • Article   15.29 Efforts Toward the Harmonisation of Trade Mark Systems 17
  • Article   15.30 Domain Names 17
  • Section   D Geographical Indications 17
  • Article   15.31 Procedures for the Recognition and Protection of Geographical Indications 17
  • Article   15.32 System and Standard of Protection for Geographical Indications 17
  • Article   15.33 Protection of Geographical Indications 17
  • Article   15.34 Consultations on Geographical Indications 17
  • Article   15.35 Amendments Relating to Geographical Indications 17
  • Section   E Patents and Data 17
  • Article   15.36 Rights Conferred 17
  • Article   15.37 Patentable Subject Matter 17
  • Article   15.38 Exceptions 17
  • Article   15.39 Experimental Use 17
  • Article   15.40 Regulatory Review Exception 17
  • Article   15.41 Other Use without Authorisation of the Right Holder 17
  • Article   15.42 Patent Filing 17
  • Article   15.43 Amendments, Corrections and Observations 17
  • Article   15.44 Publication of Patent Applications 17
  • Article   15.45 Information Relating to Published Patent Applications and Granted Patents 17
  • Article   15.46 Conditions on Patent Applicants 17
  • Article   15.47 Extension of the Duration of Rights Conferred by a Patent 17
  • Section   F Undisclosed Test or other Data 17
  • Article   15.48 Protection of Undisclosed Test or other Data for Agricultural Chemical Products 17
  • Article   15.49 Protection of Undisclosed Test or other Data for Pharmaceutical Products 17
  • Section   G Registered Industrial Designs 17
  • Article   15.50 Protection of Registered Industrial Designs 17
  • Article   15.51 Duration of Protection 17
  • Article   15.52 Multiple Design Applications 17
  • Article   15.53 Improving Industrial Design Systems 17
  • Article   15.54 International Classification System for Industrial Designs 17
  • Article   15.55 International Registration of Industrial Designs 17
  • Section   H Copyright and Related Rights 18
  • Article   15.56 Authors 18
  • Article   15.57 Performers 18
  • Article   15.58 Producers of Phonograms 18
  • Article   15.59 Broadcasting Organisations 18
  • Article   15.60 Broadcasting and Communication to the Public of Phonograms Published for Commercial Purposes 18
  • Article   15.61 Artist's Resale Right 18
  • Article   15.62 Limitations and Exceptions 18
  • Article   15.63 Balance In Copyright and Related Rights Systems 18
  • Article   15.64 Term of Protection 18
  • Article   15.65 Collective Management Organisations 18
  • Article   15.66 Technological Protection Measures 18
  • Article   15.67 Rights Management Information 18
  • Article   15.68 Application of Article 18 of the Berne Convention and Article 14.6 of the TRIPS Agreement 18
  • Section   I Trade Secrets 18
  • Article   15.69 Trade Secrets 18
  • Section   J Enforcement 18
  • Subsection   J.1 General Obligations 18
  • Article   15.70 General Obligations 18
  • Subsection   J.2 Enforcement - Civil Remedies 18
  • Article   15.71 Availability of Civil Enforcement 18
  • Article   15.72 Measures for Preserving Evidence 18
  • Article   15.73 Provisional and Precautionary Measures 18
  • Article   15.74 Right to Information 18
  • Article   15.75 Injunctions 18
  • Article   15.76 Corrective Measures 18
  • Article   15.77 Damages 18
  • Article   15.78 Costs 18
  • Article   15.79 Safeguards 19
  • Article   15.80 Administrative Procedures 19
  • Subsection   J.3 Enforcement - Border Measures 19
  • Article   15.81 Border Measures 19
  • Subsection   J.4 Enforcement - Criminal Remedies 19
  • Article   15.82 Criminal Offences 19
  • Article   15.83 Penalties 19
  • Article   15.84 Seizure, Forfeiture and Destruction 19
  • Article   15.85 Ex Officio Enforcement 19
  • Article   15.86 Liability of Legal Persons 19
  • Subsection   J.5 Enforcement In the Digital Environment 19
  • Article   15.87 General Obligations on Enforcement In the Digital Environment 19
  • Article   15.88 Limitations on Liability of Internet Service Providers 19
  • Article   15.89 Blocking Orders 19
  • Article   15.90 Procedures for Domain Registrars 19
  • Article   15.91 Disclosure of Information 19
  • Subsection   J.6 Enforcement Practices with Respect to Intellectual Property Rights 19
  • Article   15.92 Transparency of Judicial Decisions and Administrative Rulings 19
  • Article   15.93 Voluntary Stakeholder Initiatives 19
  • Article   15.94 Public Awareness 19
  • Article   15.95 Specialised Enforcement Expertise, Information and Domestic Coordination 19
  • Article   15.96 Environmental Considerations In Destruction and Disposal of Infringing Goods 19
  • Chapter   16 GOVERNMENT PROCUREMENT 19
  • Article   16.1 Definitions 19
  • Article   16.2 Scope 19
  • Article   16.3 General Exceptions. 20
  • Article   16.4 General Principles 20
  • Article   16.5 Information on the Procurement System 20
  • Article   16.6 Notices 20
  • Article   16.7 Conditions for Participation 20
  • Article   16.8 Qualification of Suppliers 20
  • Article   16.9 Technical Specifications and Tender DocumentationTechnical Specifications 20
  • Article   16.10 Time-Periods 21
  • Article   16.11 Negotiations 21
  • Article   16.12 Limited Tendering 21
  • Article   16.13 Electronic Auctions 21
  • Article   16.14 Treatment of Tenders and Awarding of ContractsTreatment of Tenders 21
  • Article   16.15 Transparency of Procurement 21
  • Article   16.16 Disclosure of Information 21
  • Article   16.17 Environmental, Social and Labour Considerations 21
  • Article   16.18 Ensuring Integrity In Procurement Practices 21
  • Article   16.19 Domestic Review Procedures 21
  • Article   16.20 Modifications and Rectifications to Annex 21
  • Article   16.21 Facilitation of Participation by SMEs 22
  • Article   16.22 Cooperation 22
  • Chapter   17 COMPETITION POLICY AND CONSUMER PROTECTION 22
  • Article   17.1 Competition Law and Authorities 22
  • Article   17.2 Procedural Fairness In Competition Law Enforcement 22
  • Article   17.3 Private Rights of Action 22
  • Article   17.4 Transparency 22
  • Article   17.5 Consumer Protection 22
  • Article   17.6 Cooperation on Competition Policy and Consumer Protection 22
  • Article   17.7 Consultation 22
  • Article   17.8 Non-Application of Dispute Settlement 22
  • Chapter   18 STATE-OWNED ENTERPRISES AND DESIGNATED MONOPOLIES 22
  • Article   18.1 Definitions 22
  • Article   18.2 Scope  (8) 22
  • Article   18.3 Delegated Authority 23
  • Article   18.4 Non-discriminatory Treatment and Commercial Considerations 23
  • Article   18.5 Courts and Administrative Bodies 23
  • Article   18.6 Non-commercial Assistance 23
  • Article   18.7 Adverse Effects 23
  • Article   18.8 Injury 23
  • Article   18.9 Application to Sub Central State-Owned Enterprises and Designated Monopolies 23
  • Article   18.10 Transparency 23
  • Article   18.11 Cooperation 23
  • Article   18.12 Contact Points 23
  • Article   18.13 Exceptions 23
  • Article   18.14 Further Negotiations 24
  • Article   18.15 Process for Developing Information 24
  • Chapter   19 SMALL AND MEDIUM-SIZED ENTERPRISES 24
  • Article   19.1 General Provisions 24
  • Article   19.2 Information Sharing 24
  • Article   19.3 Contact Points on SMEs 24
  • Article   19.4 Cooperation to Increase Trade and Investment Opportunities for SMEs 24
  • Article   19.5 Other Provisions That Benefit SMEs 24
  • Article   19.6 Non-Application of Dispute Settlement 24
  • Chapter   20 INNOVATION 24
  • Article   20.1 Definitions 24
  • Article   20.2 Objective 24
  • Article   20.3 General Provisions 24
  • Article   20.4 Artificial Intelligence and Emerging Technologies 24
  • Article   20.5 Strategic Innovation Dialogue 24
  • Article   20.6 Review of this Agreement 24
  • Article   20.7 Non-Application of Dispute Settlement 24
  • Chapter   21 LABOUR 24
  • Article   21.1 Definitions 24
  • Article   21.2 Right to Regulate and Levels of Protection 25
  • Article   21.3 Statement of Shared Commitment 25
  • Article   21.4 Labour Rights 25
  • Article   21.5 Non Derogation 25
  • Article   21.6 Enforcement of Labour Laws 25
  • Article   21.7 Modern Slavery 25
  • Article   21.8 Non-Discrimination and Gender Equality In the Workplace 25
  • Article   21.9 Corporate Social Responsibility 25
  • Article   21.10 Public Awareness and Procedural Guarantees 25
  • Article   21.11 Public Submissions 25
  • Article   21.12 Cooperation 25
  • Article   21.13 Committee on Cooperation 25
  • Article   21.14 Contact Points 25
  • Article   21.15 Public Engagement 25
  • Article   21.16 Labour Consultations and Dispute Settlement 25
  • Chapter   22 ENVIRONMENT 25
  • Article   22.1 Definitions 25
  • Article   22.2 Objectives 25
  • Article   22.3 General Commitments 25
  • Article   22.4 Multilateral Environmental Agreements 26
  • Article   22.5 Climate Change 26
  • Article   22.6 Environmental Goods and Services 26
  • Article   22.7 Circular Economy 26
  • Article   22.8 Ozone Depleting Substances and Hydrofluorocarbons 26
  • Article   22.9 Air Quality 26
  • Article   22.10 Protection of the Marine Environment from Ship Pollution 26
  • Article   22.11 Marine Litter 26
  • Article   22.12 Marine Wild Capture Fisheries  (9) 26
  • Article   22.13 Sustainable Forest Management and Trade 26
  • Article   22.14 Trade and Biodiversity 26
  • Article   22.15 Invasive Alien Species 26
  • Article   22.16 Conservation and Illegal Wildlife Trade 27
  • Article   22.17 Corporate Social Responsibility 27
  • Article   22.18 Opportunities for Public Participation 27
  • Article   22.19 Public Submissions 27
  • Article   22.20 Cooperation Frameworks 27
  • Article   22.21 Environment Working Group 27
  • Article   22.22 Environment Contact Points 27
  • Article   22.23 Environment Consultations 27
  • Article   22.24 Joint Committee Consultations 27
  • Article   22.25 Ministerial Consultations 27
  • Article   22.26 Dispute Resolution 27
  • ANNEX 22A  27
  • ANNEX 22.B  27
  • Chapter   23 DEVELOPMENT 27
  • Article   23.1 General Provisions 27
  • Article   23.2 Joint Development Activities 27
  • Article   23.3 Committee on Cooperation 27
  • Article   23.4 Non-Application of Dispute Settlement 27
  • Chapter   24 TRADE AND GENDER EQUALITY 27
  • Article   24.1 Objectives 27
  • Article   24.2 Trade and Gender Equality Cooperation Activities 27
  • Article   24.3 Dialogue on Trade and Gender Equality 27
  • Article   24.4 Non-application of Dispute Settlement 27
  • Chapter   25 ANIMAL WELFARE AND ANTIMICROBIAL RESISTANCE 27
  • Article   25.1 Animal Welfare 27
  • Article   25.2 Antimicrobial Resistance 27
  • Article   25.3 Non-application of Dispute Settlement 27
  • Chapter   26 GOOD REGULATORY PRACTICES 28
  • Article   26.1 Definitions 28
  • Article   26.2 General Provisions 28
  • Article   26.3 Internal Coordination and Review Processes or Mechanisms 28
  • Article   26.4 Descriptions of Regulatory Processes and Mechanisms 28
  • Article   26.5 Impact Assessment 28
  • Article   26.6 Public Consultation 28
  • Article   26.7 Use of Plain Language 28
  • Article   26.8 Regulatory Register 28
  • Article   26.9 Retrospective Review 28
  • Article   26.10 Regulatory Cooperation 28
  • Article   26.11 Contact Points 28
  • Article   26.12 Relation to other Chapters 28
  • Article   26.13 Non-Application of Dispute Settlement 28
  • Chapter   27 COOPERATION 28
  • Article   27.1 General Provisions 28
  • Article   27.2 Areas of Cooperation 28
  • Article   27.3 Contact Points 28
  • Article   27.4 Committee on Cooperation 28
  • Article   27.5 Resources 28
  • Article   27.6 Non-Application of Dispute Settlement 28
  • Chapter   28 TRANSPARENCY AND ANTI-CORRUPTION 28
  • Article   28.1 Definitions 28
  • Section   A Transparency 28
  • Article   28.2 Publication 28
  • Article   28.3 Administrative Proceedings 29
  • Article   28.4 Review and Appeal  (1) 29
  • Article   28.5 Provision of Information 29
  • Article   28.6 Accessible and Open Government 29
  • Section   B Anti-Corruption 29
  • Article   28.7 Scope 29
  • Article   28.8 General Provisions 29
  • Article   28.9 Measures to Prevent and Combat Bribery and Corruption 29
  • Article   28.10 Persons That Report Bribery or Corruption Offences 29
  • Article   28.11 Promoting Integrity Among Public Officials 29
  • Article   28.12 Participation of Private Sector and Civil Society 29
  • Article   28.13 Application and Enforcement of Measures to Prevent and Combat Bribery and Corruption 29
  • Article   28.14 Relation to other Agreements 29
  • Article   28.15 Cooperation, Consultation, and Dispute Settlement 29
  • Chapter   29 ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS 29
  • Article   29.1 Establishment of the Joint Committee 29
  • Article   29.2 Functions of the Joint Committee 29
  • Article   29.3 Decision-Making 29
  • Article   29.4 Rules of Procedure of the Joint Committee 29
  • Article   29.5 Contact Points 29
  • Chapter   30 DISPUTE SETTLEMENT 29
  • Article   30.1 Definitions 29
  • Article   30.2 Objective 29
  • Article   30.3 Cooperation 29
  • Article   30.4 Scope 29
  • Article   30.5 Choice of Forum 30
  • Article   30.6 Good Offices, Conciliation, and Mediation 30
  • Article   30.7 Consultations 30
  • Article   30.8 Request for Establishment of a Panel 30
  • Article   30.9 Establishment and Reconvening of Panels 30
  • Article   30.10 Qualifications of Panellists 30
  • Article   30.11 Functions of a Panel  (3) 30
  • Article   30.12 Reports of a Panel 30
  • Article   30.13 Rules of Procedure and Code of Conduct 30
  • Article   30.14 Compliance with the Final Report 30
  • Article   30.15 Compliance Review 30
  • Article   30.16 Temporary Remedies for Non-Compliance 30
  • Article   30.17 Compliance Review after the Adoption of Temporary Remedies 31
  • Article   30.18 Suspension or Termination of Proceedings 31
  • Article   30.19 Time Periods and Cases of Urgency 31
  • Article   30.20 Mutually Agreed Solution 31
  • Article   30.21 Administration of the Dispute Settlement Procedure 31
  • Article   30.22 Contact Point 31
  • Chapter   31 GENERAL PROVISIONS AND EXCEPTIONS 31
  • Article   31.1 General Exceptions 31
  • Article   31.2 Security Exceptions 31
  • Article   31.3 Temporary Safeguard Measures 31
  • Article   31.4 Taxation Measures 31
  • Article   31.5 Disclosure of Information 31
  • Article   31.6 Confidentiality of Information 31
  • Article   31.7 The National Health Service and Australia's Health System 31
  • Chapter   32 FINAL PROVISIONS 31
  • Article   32.1 Annexes, Appendices and Footnotes 31
  • Article   32.2 Amendments 31
  • Article   32.3 Amendment of International Agreements 31
  • Article   32.4 Territorial Extension 31
  • Article   32.5 Territorial Disapplication 31
  • Article   32.6 General Review 31
  • Article   32.7 Entry Into Force 31
  • Article   32.8 Termination 31
  • ANNEX I  EXPLANATORY NOTES 31
  • ANNEX I  SCHEDULE OF AUSTRALIA 32
  • ANNEX I  SCHEDULE OF THE UNITED KINGDOM 35
  • ANNEX II  EXPLANATORY NOTES 36
  • ANNEX II  SCHEDULE OF AUSTRALIA 36
  • ANNEX II  SCHEDULE OF THE UNITED KINGDOM 38