Australia - United Kingdom FTA (2021)
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(b) if appropriate, include with the publication an explanation of the purpose of and rationale for the regulation.

Article 28.3. Administrative Proceedings

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 administered in a consistent, impartial, and reasonable manner.

2. With a view to administering in a consistent, impartial, and reasonable manner the measures referred to in paragraph 1 with respect to any matter covered by this Agreement, each Party shall ensure in its administrative proceedings applying these measures to a particular person, good, or service of the other Party in specific cases, that:

(a) whenever possible, a person of the other Party that is directly affected by a proceeding is provided with reasonable notice, in accordance with domestic procedures, of when a proceeding is initiated, including a description of the nature of the proceeding, a statement of the legal authority under which the proceeding is initiated, and a general description of any issue in question;

(b) a person of the other Party that is directly affected by a proceeding is afforded a reasonable opportunity to present facts and arguments in support of that person’s position prior to any final administrative action, when time, the nature of the proceeding, and the public interest permit; and

(c) it follows its domestic procedures in accordance with its laws.

Article 28.4. Review and Appeal  (1)

1. Each Party shall establish or maintain judicial, quasi-judicial or administrative tribunals or procedures for the purpose of the prompt review and, if warranted, correction of a final administrative action with respect to any matter covered by this Agreement. Those tribunals shall be impartial and independent of the office or authority entrusted with administrative enforcement and shall not have any substantial interest in the outcome of the matter.

2. Each Party shall ensure that, with respect to the tribunals or procedures referred to in paragraph 1, the parties to a proceeding are provided with the right to:

(a) a reasonable opportunity to support or defend their respective positions; and

(b) a decision based on the evidence and submissions of record or, where required by its laws and regulations, the record compiled by the relevant authority.

3. Each Party shall ensure, subject to appeal or further review as provided for inits domestic laws and regulations, that the decision referred to in paragraph 2(b) shall be implemented by, and shall govern the practice of, the office or authority with respect to the administrative action at issue.

(1) For greater certainty, review need not include merits (de novo) review, and may take the form of common law judicial review. The correction of final administrative actions may include a referral back to the body that took that action.

Article 28.5. Provision of Information

1. If a Party considers that any proposed or actual measure may materially affect the operation of this Agreement or otherwise substantially affect the other Party's interests under this Agreement, it shall, to the extent possible, inform the other Party of the proposed or actual measure.

2. On request of a Party, the other Party shall promptly provide information and respond to questions pertaining to any proposed or actual measure that the requesting Party considers may affect the operation of this Agreement, whether or not the requesting Party has been previously informed of that measure.

3. A Party may convey any request or provide information under this Article to the other Party through their contact points.

4. Any information provided under this Article shall be without prejudice as to whether the measure in question is consistent with this Agreement.

Article 28.6. Accessible and Open Government

To the extent possible, each Party shall endeavour to ensure that information published by its central level of government with respect to any matter covered by this Agreement is accessible in open, machine-readable formats.

Section B. Anti-Corruption

Article 28.7. Scope

This Section applies to measures to prevent and combat bribery and corruption relating to any matter covered by the Agreement.

Article 28.8. General Provisions

1. Each Party affirms its resolve to prevent and combat bribery and corruption in matters affecting international trade or investment.

2. Each Party recognises the important role that both the public and private sectors have in preventing and combatting bribery and corruption.

3. Each Party recognises the importance of regional and multilateral initiatives to prevent and combat bribery and corruption in matters affecting international trade or investment, including the United Nations, the Organisation for Economic Co-operation and Development, the World Trade Organization, the Financial Action Task Force, and the G20, and recognises the importance of working jointly with the other Party to encourage and support appropriate initiatives to prevent and combat such bribery and corruption.

4. The Parties recognise that their respective competent anti-corruption authorities have established working relationships in many bilateral and multilateral forums and that cooperation under this Agreement can enhance the Parties’ joint efforts in those forums and help produce outcomes that prevent and combat bribery and corruption in matters affecting international trade or investment.

5. Each Party affirms its adherence to the Anti-Bribery Convention and the UNCAC.

6. The Parties recognise that the description of offences adopted or maintained in accordance with this Section, and of the applicable legal defences or legal principles controlling the lawfulness of conduct, is reserved to each Party's law, and that those offences shall be prosecuted and punished in accordance with each Party's law.

Article 28.9. Measures to Prevent and Combat Bribery and Corruption

1. Each Party shall adopt or maintain legislative and other measures as may be necessary to establish as criminal offences under its law, in matters affecting international trade or investment, when committed intentionally, by any person subject to its jurisdiction:

(a) the promise, offering or giving to a public official, directly or indirectly, of an undue advantage, for the official or another person or entity, in order that the official act or refrain from acting in relation to the performance of or the exercise of their official duties;

(b) the solicitation or acceptance by a public official, directly or indirectly, of an undue advantage, for the official or another person or entity, in order that the official act or refrain from acting in relation to the performance of or the exercise of their official duties;

(c) the promise, offering or giving to a foreign public official or an official of a public international organisation, directly or indirectly, of an undue advantage, (2) for the official or another person or entity, in order that the official act or refrain from acting in relation to the performance of or the exercise of their official duties, in order to obtain or retain business or other undue advantage in relation to the conduct of international business; and

(d) the aiding or abetting, or conspiracy in, the commission of any of the offences described in subparagraphs (a) through (c).

2. Each Party shall adopt or maintain measures as may be necessary, in accordance with its laws and regulations, regarding the maintenance of books and records, financial statement disclosures, and accounting and auditing standards, to prohibit the following acts carried out for the purpose of committing any of the offences described in paragraph 1:

(a) the establishment of off-the-books accounts;

(b) the making of off-the-books or inadequately identified transactions;

(c) the recording of non-existent expenditure;

(d) the entry of liabilities with incorrect identification of their objects;

(e) the use of false documents; and

(f) the intentional destruction of bookkeeping documents earlier than foreseen by the law.

3. Each Party shall make the commission of an offence described in paragraphs 1 or 2 liable to sanctions that take into account the gravity of that offence.

4. Each Party shall adopt or maintain measures as may be necessary, consistent with its legal principles, to establish the liability of legal persons for offences described in paragraphs 1 or 2. In particular, each Party shall ensure that legal persons held liable for offences described in paragraphs 1 or 2 are subject to effective, proportionate, and dissuasive criminal or non-criminal sanctions, which include monetary sanctions.

5. Each Party shall disallow the tax deductibility of bribes and other expenses considered illegal by the Party incurred in furtherance of the commission of an offence described in paragraph 1.

6. Each Party shall adopt or maintain measures in accordance with its law that permit it to impose visa restrictions, such as refusal, cancellation or curtailment, or other immigration controls, on any foreign public official who engaged in the commission of an offence described in paragraph 1.(3) A Party may also adopt or maintain such measures in respect of:

(a) the spouses, civil partners, unmarried partners, children, and dependent household members of the foreign public official; and

(b) any person that assisted or encouraged such offences, or any person that attempted to engage in such activities.

7. The Parties recognise the harmful effects of facilitation payments. Each Party shall, in accordance with its laws and regulations:

(a) encourage enterprises to prohibit or discourage the use of facilitation payments;

(b) to the extent facilitation payments may be permitted, ensure the solicitation, payment, or acceptance of such payments are not used to secure a material advantage in matters affecting international trade or investment; and

(c) take any steps considered appropriate by the Party to raise global awareness of the harmful effects of facilitation payments, including through regional and multilateral initiatives, with a view to stopping the solicitation, payment, and acceptance of such payments.

8. Each Party shall ensure that any statute of limitations applicable to any criminal offences described in this Section shall allow an adequate period of time for the investigation and prosecution of the offence.

(2) For greater certainty, a Party may provide in its law that it is not an offence if the advantage was permitted or required by the written laws or regulations of a foreign public official's country, including case law. The Parties confirm that they are not endorsing those written laws or regulations.
(3) For greater certainty, a Party may seek to impose visa restrictions or other immigration controls even absent a conviction that a foreign public official engaged in the commission of an offence described in paragraph 1, where there is sufficient other information to make such a determination.

Article 28.10. Persons That Report Bribery or Corruption Offences

1. Each Party shall, as it considers appropriate, adopt or maintain measures to ensure that its competent authorities that are responsible for the measures described in Article 28.9 (Measures to Prevent and Combat Bribery and Corruption), or the enforcement of those measures, are known to the public.

2. Each Party shall adopt or maintain publicly available procedures for a person to report to its competent authorities, including anonymously, any incident that may be considered to constitute an offence described in paragraph 1 of Article 28.9 (Measures to Prevent and Combat Bribery and Corruption) or an act described in paragraph 2 of Article 28.9 (Measures to Prevent and Combat Bribery and Corruption).

3. Each Party shall adopt or maintain appropriate measures, in accordance with its laws and regulations, to protect against or provide remedy for discriminatory or disciplinary treatment of any person considered appropriate by the Party who, on reasonable belief, reports to the competent authorities any suspected incident that may be considered to constitute an offence described in paragraph 1 of Article 28.9 (Measures to Prevent and Combat Bribery and Corruption) or an act described in paragraph 2 of Article 28.9 (Measures to Prevent and Combat Bribery and Corruption). (4)

(4) For greater certainty, this paragraph is without prejudice to each Party's right to adopt or maintain additional requirements for the making of such a report provided these requirements do not have the effect of unjustifiably limiting a person's access to protection or remedy.

Article 28.11. Promoting Integrity Among Public Officials

1. To prevent and combat bribery and corruption in matters affecting international trade or investment, each Party affirms its resolve to promote, among other things, integrity, honesty, and responsibility among its public officials. To this end, each Party shall endeavour, in accordance with the fundamental principles of its legal system, to adopt or maintain:

(a) measures to provide adequate procedures for the selection and training of individuals for public positions considered by the Party to be especially vulnerable to corruption, and the rotation, ifappropriate, of those individuals to other positions;

(b) measures to promote transparency in the behaviour of public officials in the exercise of public functions;

(c) appropriate policies and procedures to identify and manage actual or potential conflicts of interest of public officials;

(d) measures that require senior and other appropriate public officials to make declarations to appropriate authorities regarding, among other things, their outside activities, employment, investments, assets and substantial gifts or benefits from which a conflict of interest may result with respect to their functions as public officials; and

(e) measures to facilitate reporting by public officials of acts of bribery and corruption to competent authorities, if those acts come to their notice in the performance of their functions.

2. Each Party shall endeavour to adopt or maintain codes or standards of conduct for the correct, honourable and proper performance of public functions, and measures providing for disciplinary or other procedures, if warranted, against a public official who violates the codes or standards established in accordance with this paragraph.

3. Each Party, to the extent consistent with the fundamental principles of its legal system, shall consider establishing procedures through which a public official accused or convicted of an offence described in paragraph 1 of Article 28.9 (Measures to Prevent and Combat Bribery and Corruption) may, if appropriate, be removed, suspended or reassigned by the appropriate authority, bearing in mind respect for the principle of the presumption of innocence.

4. Each Party shall, in accordance with the fundamental principles of its legal system and without prejudice to judicial independence, adopt or maintain measures to strengthen integrity, and to prevent opportunities for corruption, among members of the judiciary in matters affecting international trade or investment. These measures may include rules with respect to the conduct of members of the judiciary.

Article 28.12. Participation of Private Sector and Civil Society

1. Each Party shall take appropriate measures in accordance with fundamental principles of its legal system, to promote the active participation of individuals and groups outside the public sector, such as enterprises, civil society, non-governmental organisations and community-based organisations, in preventing and combatting bribery and corruption in matters affecting international trade or investment, and to raise public awareness regarding the existence, causes, and gravity of, and the threat posed by such bribery and corruption. To this end, a Party may:

(a) undertake public information activities and public education programmes that contribute to non-tolerance of bribery and corruption;

(b) adopt or maintain measures to encourage professional associations and other non-governmental organisations, if appropriate, in their efforts to encourage and assist enterprises, in particular SMEs, in developing internal controls, ethics and compliance programmes, codes and standards of conduct for preventing and detecting bribery and corruption;

(c) adopt or maintain measures to encourage enterprise management to make statements in the enterprise's annual reports or otherwise publicly disclose the enterprise's internal controls, ethics and compliance programmes, including those that contribute to preventing and detecting bribery and corruption; and

(d) adopt or maintain measures that respect, promote, and protect the freedom to seek, receive, publish, and disseminate information concerning bribery and corruption,

in matters affecting international trade or investment.

2. Each Party shall endeavour to encourage private enterprises, taking into account their size and legal structure, to:

(a) adopt or maintain sufficient internal auditing controls and compliance programmes to assist in preventing and detecting acts of bribery and corruption in matters affecting international trade or investment; and

(b) ensure that their accounts and required financial statements are subject to appropriate auditing and certification procedures.

Article 28.13. Application and Enforcement of Measures to Prevent and Combat Bribery and Corruption

1. In accordance with the fundamental principles of its legal system, neither Party shall fail to effectively enforce its measures adopted or maintained to comply with Articles 28.9 (Measures to Prevent and Combat Bribery and Corruption) through 28.11 (Promoting Integrity among Public Officials) through a sustained or recurring course of action or inaction after the date of entry into force of this Agreement, as an encouragement for trade and investment. (5)

2. Each Party retains the right for its law enforcement, prosecutorial, and judicial authorities to exercise their discretion with respect to the enforcement of its measures to prevent and combat bribery and corruption. Each Party retains the right to take bona fide decisions with regard to the allocation of its resources with respect to such enforcement.

3. The Parties affirm their commitments under applicable international agreements or arrangements to cooperate with each other, consistent with their respective legal and administrative systems, to enhance the effectiveness of law enforcement actions to combat the offences described in paragraph 1 of Article 28.9 (Measures to Prevent and Combat Bribery and Corruption) or the acts described in paragraph 2 of Article 28.9 (Measures to Prevent and Combat Bribery and Corruption).

4. Recognising that the Parties have existing working relationships and can benefit by sharing their diverse experience and best practices in developing, implementing, and enforcing their anticorruption laws and policies, the Parties shall endeavour to continue to cooperate:

(a) in investigating and prosecuting any person subject to their respective jurisdictions that commit offences of bribery and corruption, including embezzlement, misappropriation, or other diversion of property by a public official, and the laundering of proceeds of crime; and

(b) in identifying, tracing, freezing, seizing, and confiscating the proceeds of crime or such property, equipment, or other instrumentalities in connection with its bribery and corruption offences, using both conviction and non-conviction based confiscation powers.

(5) For greater certainty, the Parties recognise that individual cases or specific discretionary decisions related to the enforcement of anti-corruption laws are subject to each Party's own domestic laws and legal procedures.

Article 28.14. Relation to other Agreements

Nothing in this Agreement affects the rights and obligations of the Parties under the Anti-Bribery Convention, the UNCAC, or the United Nations Convention against Transnational Organized Crime done at New York on 15 November 2000.

Article 28.15. Cooperation, Consultation, and Dispute Settlement

1. The Parties shall endeavour to make every effort through dialogue, exchange of information, and cooperation to address any matter that might affect the operation or application of this Section.

2. Chapter 30 (Dispute Settlement), as modified by this Article, applies to this Section.

3. A Party may only have recourse to the procedures set out in this Article and Chapter 30 (Dispute Settlement) if it considers that a measure of the other Party is inconsistent with its obligations under this Section, or that the other Party has otherwise failed to carry out its obligations under this Section, in a manner affecting international trade or investment between the Parties.

4. No Party shall have recourse to dispute settlement under this Article or Chapter 30 (Dispute Settlement) for any matter arising under Article 28.13 (Application and Enforcement of Measures to Prevent and Combat Bribery and Corruption).

5. Further to Article 30.7 (Consultations - Dispute Settlement) each Party shall endeavour to ensure that consultations include personnel of their competent governmental authorities or other regulatory bodies who have responsibility for, or expertise in, the anti-corruption issue under dispute.

6. Further to the requirements set out in Article 30.10 (Qualifications of Panellists — Dispute Settlement), the Parties are encouraged to appoint panellists, in disputes arising under this Section, who have expertise or experience relevant to the anti-corruption issue under dispute.

Chapter 29. ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS

Article 29.1. Establishment of the Joint Committee

The Parties hereby establish a Joint Committee, composed of government representatives of the Parties at the level of Ministers or senior officials. Each Party shall be responsible for the composition of its delegation.

Article 29.2. Functions of the Joint Committee

The Joint Committee shall:

(a) consider any matter relating to the implementation or operation of this Agreement;

(b) consider any proposal to amend or modify this Agreement;

(c) supervise the work of all committees, working groups and any other subsidiary bodies established under this Agreement;

(d) consider ways to further enhance trade and investment between the Parties; and

(e) adopt, by any means it considers appropriate on the date of entry into force of this Agreement, the Rules of Procedure and Code of Conduct referred to in Article 30.13 (Rules of Procedure and Code of Conduct - Dispute Settlement) and, as it considers appropriate, amend those Rules of Procedure or that Code of Conduct.

2. The Joint Committee may:

(a) establish, refer matters to, or consider matters raised by any committee, working group, or other subsidiary body;

(b) merge or dissolve any committee, working group, or other subsidiary body established in accordance with subparagraph (a) or under this Agreement;

(c) develop arrangements for implementing this Agreement;

(d) seek to resolve differences or disputes that may arise regarding the interpretation or application of this Agreement;

(e) issue interpretations of this Agreement; (1)

(f) seek the advice of non-governmental persons or groups on any matter falling within the Joint Committee's functions;

(g) adopt, subject to completion of any applicable procedures of a Party, decisions to modify this Agreement in the instances referred to in paragraph 3. Notwithstanding Article 32.2 (Amendments - Final Provisions), those modifications shall be adopted and enter into force by the exchange of diplomatic notes between the Parties; and

(h) take any other action as the Parties may agree.

3. Paragraph 2(g) shall apply to:

(a) the Schedules to Annex 2A (Tariff Commitments), by accelerating tariff elimination;

(b) the rules of origin established in Annex 4B (Product-Specific Rules); and

(c) modifications to the Schedules to Annex 16A (Government Procurement) pursuant to Article 16.20 (Modifications and Rectifications to Annex -Government Procurement).

(1) For greater certainty, interpretations issued by the Joint Committee are binding for panels established under Chapter 30 (Dispute Settlement).

Article 29.3. Decision-Making

The Joint Committee and all subsidiary bodies established under this Agreement shall take all decisions by mutual agreement.

Article 29.4. Rules of Procedure of the Joint Committee

1. The Joint Committee shall meet within one year of the date of entry into force of this Agreement and thereafter as the Parties may decide, including as necessary to fulfil its functions under Article 29.2 (Functions of the Committee). Meetings of the Joint Committee shall be chaired on a rotating basis by representatives of the Parties at the level of Ministers or senior officials.

2. The Party chairing a session of the Joint Committee shall provide any necessary administrative support for such session.

3. Except as otherwise provided in this Agreement, the Joint Committee and any subsidiary body established under this Agreement shall carry out its work through whatever means are appropriate, which may include electronic mail or videoconferencing.

4. Unless otherwise decided, the Joint Committee shall adopt rules of procedure at its first meeting, and any subsidiary body established under this Agreement may also establish rules of procedure for the conduct of its work.

Article 29.5. Contact Points

1. Each Party shall designate an overall contact point to facilitate communications between the Parties on any matter covered by this Agreement, as well as other contact points as required by this Agreement.

2. Unless otherwise provided in this Agreement, each Party shall notify the other Party in writing of its designated contact points no later than 60 days after the date of entry into force of this Agreement.

3. Each Party shall promptly notify the other Party, in writing, of any changes to its overall contact point or any other contact point.

4. On the request of a Party, the overall contact point of the other Party shall identify the office or official responsible for a matter and assist, as necessary, in facilitating communication with the requesting Party.

Chapter 30. DISPUTE SETTLEMENT

Article 30.1. Definitions

For the Purposes of this Chapter:

"cases of urgency" means those cases which concern goods that rapidly lose their quality, current condition, or commercial value in a short period of time;

"Code of Conduct" means the code of conduct referred to in Article 30.13 (Rules of Procedure and Code of Conduct) and annexed to the Rules of Procedure;

"complaining Party" means the Party that requests the consultations under Article 30.7 (Consultations);

"panel means a panel established under Article 30.8 (Request for Establishment of a Panel) or reconvened under Articles 30.15 (Compliance Review), 30.16 (Temporary Remedies for Non-Compliance), or 30.17 (Compliance Review after the Adoption of Temporary Remedies);

"responding Party" means the Party to which a request for consultations is made under Article 30.7 (Consultations); and

"Rules of Procedure" means the rules of procedure referred to in Article 30.13 (Rules of Procedure and Code of Conduct) and established in accordance with Article 29.2.1(e) (Functions of the Joint Committee - Administrative and Institutional Provisions).

Article 30.2. Objective

The objective of this Chapter is to provide an effective, efficient, and transparent process for the avoidance and settlement of any disputes arising between the Parties under this Agreement.

Article 30.3. Cooperation

The Parties shall at all times endeavour to agree on the interpretation and application of this Agreement, and shall make every attempt through cooperation and consultations to arrive at a mutually agreed solution with respect to any matter that might affect its operation or application.

Article 30.4. Scope

1. Unless otherwise provided in this Agreement, the dispute settlement provisions of this Chapter apply with respect to the avoidance or settlement of all disputes between the Parties regarding the interpretation or application of this Agreement when a Party considers that:

  • 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