Australia - United Kingdom FTA (2021)
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Article 26.1. Definitions

For the Purposes of this Chapter:

"regulatory authority" means:

(a) for Australia, Australian Government departments at the central level of government listed under relevant administrative arrangements orders, excluding where those departments are regulating human health;

(b) for the United Kingdom, a ministerial department of the central level of government; and

"regulatory measure" means:

(a) for Australia: Acts and legislative instruments made under an Act of the Commonwealth Parliament related to any matter covered by this Agreement and for which a regulatory impact statement is required under relevant rules and procedures;

(b) for the United Kingdom:

(i) an Act of the UK Parliament; or

(ii) a statutory instrument made, by a Minister of the Crown, under an Act of the UK Parliament;

related to any matter covered by this Agreement and in relation to a business activity, excluding:

(A) any measure imposing, abolishing or varying any tax, duty, levy or other charge (or any measure in connection with that measure);

(B) any measure in connection with public sector procurement;

(C) any measure in connection with the giving of grants or other financial assistance by or on behalf of a public authority; or

(D) any measure which is to have effect for a period of less than 12 months.

Article 26.2. General Provisions

1. The purpose of this Chapter is to promote good regulatory practices in the process of planning, designing, issuing, implementing, and reviewing regulatory measures to facilitate achievement of domestic policy objectives and regulatory cooperation between the Parties with the aim of enhancing bilateral trade and investment, as well as economic growth and employment, by promoting:

(a) an effective, transparent, and predictable regulatory environment;

(b) compatible regulatory approaches and reducing unnecessarily burdensome, duplicative, or divergent regulatory requirements;

(c) the exchange of information on regulatory measures, practices, or approaches of the Parties, including how to enhance their efficient application; and

(d) bilateral cooperation between the Parties in international fora.

2. Each Party shall be free to determine its approach to good regulatory practices and regulatory cooperation under this Agreement in a manner consistent with its own legal framework, practice and fundamental principles underlying its regulatory system.

3. Provisions of this Chapter shall not be construed so as to require a Party to:

(a) deviate from domestic procedures for identifying its regulatory priorities and preparing and adopting regulatory measures ensuring the levels of protection that the Party considers appropriate to achieve its public policy objectives (including health, safety, and environmental goals);

(b) take actions that would undermine or impede the timely adoption of regulatory measures to achieve its public policy objectives or prevent a party from implementing regulatory measures in urgent or unforeseen circumstances; or

(c) achieve any particular regulatory outcome.

Article 26.3. Internal Coordination and Review Processes or Mechanisms

Each Party shall endeavour to ensure that it has processes or mechanisms to facilitate effective internal coordination and review with respect to regulatory measures its regulatory authorities are preparing.

Article 26.4. Descriptions of Regulatory Processes and Mechanisms

Each Party shall ensure that descriptions of the processes and mechanisms employed by its regulatory authorities in undertaking regulatory impact assessments, and other relevant good regulatory practices it deems appropriate, are freely and publicly available online.

Article 26.5. Impact Assessment

1. Each Party shall endeavour to systematically carry out, in accordance with its relevant rules and procedures, a regulatory impact assessment of major regulatory measures (1) under preparation. Regulatory impact assessments may encompass a range of procedures to determine possible impacts.

2. Each Party shall endeavour to ensure that regulatory impact assessments it conducts:

(a) assess the need for the major regulatory measure, including the nature and the significance of the problem or issue that the regulatory measure intends to address;

(b) examine feasible and appropriate regulatory or non-regulatory alternatives, including the option of not regulating, if available, that would achieve the Party's public policy objectives; and

(c) rely on reasonably obtainable existing information including relevant scientific, technical, economic or other information, within the boundaries of the authorities, mandates and resources of the particular regulatory authority.

3. When carrying out a regulatory impact assessment in accordance with paragraph 1, each Party should consider, to the extent possible and relevant, the potential impact of the proposed major regulatory measure on SMEs. (2)

4. Each Party shall, where possible and in accordance with its relevant rules and procedures, publish the findings of its regulatory impact assessments in a timely manner. Each Party is encouraged to explain the grounds for concluding that the selected option achieves its public policy objectives in an efficient manner, including, if appropriate, reference to the costs and benefits, and the potential for managing risks.

(1) The regulatory authority of each Party may determine what constitutes a "major" regulatory measure for the purposes of its obligations under this Chapter.
(2) For the United Kingdom, for the purposes of this Chapter, "SMEs" means small and micro businesses.

Article 26.6. Public Consultation

1. When preparing a proposed major regulatory measure, each Party shall endeavour to, in accordance with its relevant rules and procedures:

(a) publish sufficient information concerning the proposed regulatory measure to allow interested persons to assess their interests in connection to the measure;

(b) allow interested persons (3) a reasonable opportunity, including adequate time, to consider the proposed regulatory measure and to provide comments; (4) and

(c) consider the comments received.

2. Each Party is encouraged to make use of electronic means of communication and to make information related to public consultation freely and publicly available online, including information on how to provide comments.

3. Each Party is encouraged to publicly explain how the comments received have informed the proposed regulatory measure.

(3) For greater certainty, this subparagraph does not prevent a Party from undertaking targeted consultations with interested parties under the conditions defined by its relevant rules and procedures.
(4) For greater certainty, this paragraph should be implemented consistently with each Party's obligations under other international agreements concerning human health, such as the WHO Framework Convention on Tobacco Control done at Geneva on 16 June 2003 to 22 June 2003 and at New York on 30 June 2003 to 29 June 2004.

Article 26.7. Use of Plain Language

Each Party shall endeavour to ensure that new regulatory measures are plainly written and are clear, concise, well organised, and easy to understand, recognising that some measures address technical issues and that relevant expertise may be needed to understand and apply them.

Article 26.8. Regulatory Register

In accordance with its laws and regulations, each Party shall ensure that regulatory measures that are in effect are freely and publicly available online. The website should allow searches for regulatory measures by citation or by word and be periodically updated.

Article 26.9. Retrospective Review

1. The Parties recognise the importance of maintaining processes or mechanisms to promote periodic retrospective reviews of major regulatory measures at intervals each Party deems appropriate.

2. When conducting a retrospective review, each Party shall consider whether there are opportunities to achieve its public policy objectives more effectively and reduce unnecessary regulatory burdens, including on SMEs.

Article 26.10. Regulatory Cooperation

1. The Parties shall cooperate to facilitate the implementation of this Chapter and to maximise the benefits arising from it, including those envisioned in paragraph 1 of Article 26.2 (General Provisions).

2. Each Party may propose a regulatory cooperation activity to the other Party through the contact points designated in accordance with Article 26.11 (Contact Points) or through direct contact between the regulatory authorities.

3. Regulatory cooperation activities may include:

(a) information exchange, dialogue, or meetings with the other Party, including in particular:

(i) exchanging experiences with regulatory tools and instruments, including regulatory impact assessments, risk assessments, retrospective reviews, and compliance with regulatory practices;

(ii) exchanging information on planned or existing regulatory measures to maximise the opportunity for common approaches;

(b) information exchanges, dialogues, or meetings with interested persons, including with SMEs, of the other Party;

(c) training programmes, seminars, and other relevant assistance;

(d) strengthening cooperation and other relevant activities between regulatory agencies; or

(e) seeking to collaborate in relevant international fora.

4. In accordance with its laws and regulations, each Party shall endeavour to encourage its relevant regulatory authorities to consider, where appropriate, regulatory measures in the other Party, as well as relevant developments in international, regional, and other fora when planning regulatory measures.

Article 26.11. Contact Points

1. Each Party shall designate and notify a contact point on good regulatory practices to facilitate communication and cooperation between the Parties on any matter covered by this Chapter.

2. Each Party shall promptly notify the other Party of any change to its contact point.

3. The contact points may assist any other committee, working group, subsidiary body, or contact point established by this Agreement in considering matters of relevance to this Chapter.

Article 26.12. Relation to other Chapters

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

Article 26.13. Non-Application of Dispute Settlement

Neither Party shall have recourse to dispute settlement under Chapter 30 (Dispute Settlement) for any matter arising under this Chapter.

Chapter 27. COOPERATION

Article 27.1. General Provisions

1. The Parties acknowledge the importance of cooperation in implementing this Agreement and enhancing its benefits.

2. The Parties recognise that cooperation activities undertaken pursuant to this Agreement shall seek to complement and build upon existing agreements or arrangements between the Parties.

3. The Parties also recognise the importance of involving the private sector and non-governmental organisations in cooperation activities, where appropriate to do so.

Article 27.2. Areas of Cooperation

1. The Parties shall, consistent with this Agreement, undertake and strengthen cooperation activities to assist in:

(a) implementing this Agreement;

(b) enhancing each Party's ability to take advantage of the economic opportunities created by this Agreement; and

(c) promoting and facilitating trade and investment between the Parties. Cooperation activities may include the following areas:

(a) environment;

(b) trade and gender equality;

(c) development;

(d) labour;

(e) anti-corruption; and

(f) antimicrobial resistance.

3. The Parties may undertake cooperation activities through, inter alia:

(a) dialogue, workshops, seminars, conferences, collaborative programs and projects;

(b) the sharing of best practices on policies and procedures; and

(c) the exchange of experts and information.

Article 27.3. Contact Points

Each Party shall designate and notify a contact point on matters relating to the coordination of cooperation activities in accordance with Article 29.5 (Contact Points - Administrative and Institutional Provisions).

Article 27.4. Committee on Cooperation

1. The Parties hereby establish a Committee on Cooperation, composed of government representatives of each Party.

2. The Committee shall:

(a) review and monitor the implementation and operation of cooperation provisions in other Chapters of this Agreement related to areas of cooperation listed in Article 27.2 (Areas of Cooperation);

(b) facilitate the exchange of information between the Parties including on experiences and lessons learned through cooperation activities undertaken between the Parties;

(c) discuss and consider issues or proposals for future cooperation activities including, as appropriate, on analytical topics relating to monitoring, measurement, information gathering, and interpretation and analysis of information relevant to cooperation activities under this Agreement;

(d) invite, as appropriate, private sector entities, non-governmental organisations, civil society, relevant experts, stakeholders or other relevant institutions, to assist in the development and implementation of cooperation activities;

(e) consider any matter, or matters raised by any standing working group or other subsidiary body including dialogues, related to areas of cooperation pursuant to Article 27.2 (Areas of Cooperation);

(f) coordinate with other committees, working groups and any other subsidiary body, including dialogues, established under this Agreement as appropriate, in support of the development and implementation of cooperation activities;

(g) consider any matter related to cooperation and support any cooperation activities referred to it under any Chapter of this Agreement;

(h) supervise the work of any committees, working groups or other subsidiary bodies including dialogues established under this Agreement, where the Agreement so provides; and

(i) seek to resolve differences that may arise concerning the interpretation or application of this Agreement in relation to areas of cooperation pursuant to Article 27.2 (Areas of Cooperation).

3. The Committee may:

(a) make recommendations, or refer matters, to the Joint Committee;

(b) facilitate public-private partnerships in cooperation activities;

(c) establish ad hoc working groups, as appropriate, which may include government representatives, non-government representatives or both;

(d) refer matters to any ad hoc or standing working group or any other subsidiary body including dialogues related to areas of cooperation pursuant to Article 27.2 (Areas of Cooperation); and

(e) engage in other activities as the Parties may decide.

4. The Committee shall meet within one year of the date of entry into force of this Agreement, and thereafter as agreed by the Parties.

5. The Committee shall produce an agreed record of its meetings, including decisions and next steps and, as appropriate, report to the Joint Committee.

Article 27.5. Resources

1. Cooperation activities undertaken under this Chapter are subject to the availability of resources and the applicable laws and regulations of each Party, and on request, and on terms and conditions agreed between the Parties.

2. The Parties shall bear the costs of cooperation activities under this Chapter in an equitable manner to be agreed by the Parties.

Article 27.6. Non-Application of Dispute Settlement

Without prejudice to matters arising under other Chapters of this Agreement, neither Party shall have recourse to dispute settlement under Chapter 30 (Dispute Settlement) for any matter arising under this Chapter.

Chapter 28. TRANSPARENCY AND ANTI-CORRUPTION

Article 28.1. Definitions

For the purposes of this Chapter:

"act or refrain from acting in relation to the performance of or the exercise of their official duties" includes any use of the public official's or foreign public official's position, whether or not within the official's authorised competence;

"administrative rulings of general application" means an administrative ruling or interpretation that applies to all persons and fact situations that fall generally within the ambit of that administrative ruling or interpretation and that establishes a norm of conduct, but does not include:

(a) a determination or ruling made in an administrative or quasi- judicial proceeding that applies to a particular person, good, or service of the other Party in a specific case; or

(b) a ruling that adjudicates with respect to a particular act or practice;

"Anti-Bribery Convention" means the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions done at Paris on 17 December 1997;

"confiscation" means the permanent deprivation of property by order of a court or other competent authority, and includes forfeiture, where applicable;

"foreign public official" means any natural person holding a legislative, executive, administrative, or judicial office of a foreign country, at any level of government, whether appointed or elected, whether permanent or temporary, whether paid or unpaid, irrespective of that natural person's seniority; and any natural person exercising a public function for a foreign country, at any level of government, including for a public agency or public enterprise;

"freezing" or "seizing" means temporarily prohibiting the transfer, conversion, disposition, or movement of property, or temporarily assuming custody or control of property on the basis of an order issued by a court or other competent authority;

"official of a public international organisation" means an international civil servant or any person who is authorised by a public international organisation to act on its behalf;

"property" means assets of every kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and legal documents or instruments evidencing title to or interest in such assets;

"public official" means:

(a) any natural person holding a legislative, executive, administrative, or judicial office of a Party, whether appointed or elected, whether permanent or temporary, whether paid or unpaid, and irrespective of that natural person's seniority;

(b) any other natural person who performs a public function for a Party, including for a public agency or public enterprise, or provides a public service, as defined under that Party’s law and as applied in the pertinent area of law in that Party; or

(c) any other natural person defined as a public official under a Party's law; and

"UNCAC" means the United Nations Convention against Corruption done at New York on 31 October 2003.

Section A. Transparency

Article 28.2. Publication

1. Each Party shall ensure that its laws, regulations, procedures, and administrative rulings of general application with respect to any matter covered by this Agreement are promptly published, including on the internet where feasible, or otherwise made available in a manner that enables interested persons and the other Party to become acquainted with them.

2. With respect to any measure referred to in paragraph 1 that a Party proposes to adopt, each Party shall, to the extent it considers appropriate:

(a) publish in advance the proposed measure or information concerning the nature of the proposed measure; and

(b) provide interested persons and the other Party with a reasonable opportunity to comment on the proposed measure or information.

3. To the extent possible, when introducing or changing the laws, regulations, or procedures referred to in paragraph 1, each Party shall endeavour to provide a reasonable period between the date when those laws, regulations, or procedures, proposed or final, in accordance with its legal system, are made publicly available and the date when they enter into force.

4. Each Party shall, with respect to a regulation of general application adopted by its central level of government respecting any matter covered by this Agreement that is published in accordance with paragraph 1:

(a) promptly publish the regulation on a single official website or in an official journal of national circulation; and

  • 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